That Govern Sea Crest
The entire historical Sea Crest CC&R's
are on file with Lincoln County at WesternTitle.com.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
FIRST AUGUST FINANCIAL CO.
All Property Owners of
Now known as
(Reflecting all amendments through July, 2001 - 24 pages)
R E C I T A L S :
1. Otter Village Phase I
and II, now known as Sea Crest pursuant to replat and Otter Woods are planned
unit developments or subdivisions in Lincoln County, Oregon pursuant to plats
and replats recorded therein, and Declarant is the successor in interest to
Otter Rock Development Co., Inc. and Far West Federal Bank, S.B.
The balance of the undersigned are all of the remaining property owners
of Otter Village Phase I and II now known as Sea Crest owning the property
shown opposite their signature on the last page.
2. Declarant, with the
express consent of the other property owners, has filed a Replat of Otter
Village Phase I and II, which Replat has modified or changed certain of the common
area, including certain of infrastructure contained therein.
3. Contemporaneously with
the filing of said replat, Declarant and the undersigned do hereby make this
Declaration. This Declaration is
intended by Declarant and the undersigned to supercede, modify and amend all
previous Declarations of Covenants, Conditions and Restrictions of Otter Rock
Development Co. dated May 18, 1981, filed
in Book 124, Pages 248-281, and Declaration of Covenants, Conditions and
Restrictions dated June 5, 1985, filed in Book 125, Pages 433-452, Deed
Records, Lincoln County, Oregon.
4. This Declaration
further supersedes and renders null and void and of no further effect the
Bylaws of Otter Village
Association as the same were recorded in Book 124, Pages 282-297 and the
Bylaws of Otter Recreation Association, Inc. as the same were recorded in Book
125, Pages 453-467, Deed Records, Lincoln County, Oregon.
TO THE PUBLIC:
KNOW ALL MEN BY THESE PRESENTS,
as used herein, the term "Declarant"
shall mean and refer to First August Financial Co. or its successors in interest
as developer of the Properties. Properties
shall mean all property located in
Otter Village Phase I and II, now known as Sea Crest, a subdivision, and Otter
Woods, a subdivision, Replats of which are recorded in Lincoln County, Oregon,
and all other plats contiguous thereto or joined thereto by successive
contiguous plats, which in the future may be recorded by Declarant, and all lots
or parcels of real property, whether or not platted, contiguous to the
heretofore recorded plats, or replats, and to which these Covenants, Conditions
and Restrictions are made applicable by declaration or deed reference of
Declarant respecting any such plat or any such other lot or parcel; which plats,
lots and parcels individually and collectively are referred to herein as the
"Properties." Further as used
herein, the term "residential unit" shall mean and refer to any residential
lot, whether or not the lot is improved. Each
and all of these Covenants, Conditions and Restrictions shall run with any land
to which they are applicable and shall inure to the benefit of, be imposed upon,
and pass to the successor in interest of each and all of said residential units
as a servitude in favor of and enforceable by Declarant and the owner or owners
of any other of such residential units.
1.0 COVENANTS, CONDITIONS AND RESTRICTIONS
1.1 OBJECTIVES. Declarant, by
the Replat of Otter Village Phase I and II, now known as
Sea Crest, intends to create a residential development in Lincoln County, Oregon of
high standard and quality for residential purposes only.
Declarant further hopes to create Otter Woods, an adjacent subdivision
owned by Declarant, and may develop adjacent real property as additional
residential developments. As to all
of these developments, whether currently platted or to be platted and developed
at a later time, Declarant believes that property owners in these properties
will benefit from sharing the costs of common recreation and service facilities
and intends to construct thereon certain recreational facilities for the use and
benefit of all of the property owners in the properties.
2.0 PROPERTY RIGHTS IN COMMON AREAS.
By requiring proper maintenance and management of improvements and
grounds within the common area, Declarant hopes to enable the property owners to
continue to use and enjoy the common areas.
Funds for the maintenance and management of the common area will be
provided through assessments against the property owners in the residential
1.2 LAND USE. The general plan for location of lots and areas for public or common use
shall be as specified in the recorded replat for Sea Crest, and any future plat
to which this Declaration is made applicable.
Only residential structures, and amenities related thereto, shall be
constructed or maintained in areas designated "for residential purposes
exceptions or variances may be granted by the granting authority as provided in
Section 1.13. Regulations,
restrictions and conditions legally imposed by relevant government authorities
and applicable to any property subject hereto shall at all times be observed.
The development plan contemplates that the landscaping and exterior
vistas will be generally a common and unified concept flowing across the
entirety of the subdivision with minimal identification of the boundaries of
individual ownerships. There shall
be no access ways created from the Properties to the beach.
1.3 ARCHITECTURAL COMMITTEE. For
the purposes of further assuring the development and continued existence of the
Properties as an area of high standards, the Declarant reserves as herein
provided the power to control the buildings, structures and other improvements
and landscaping placed, erected or maintained in the Properties, as well as to
make such variances and exceptions to these Conditions, Restrictions and
Regulations as the Declarant or the Board of Directors shall deem necessary or
proper as provided in Section 1.13. As part of that purpose, Declarant or the
Board of Directors shall establish an Architectural Committee which shall exist
with jurisdiction and authority as provided in this Section 1.3.
1.3.1 So long as Declarant owns any property in the Properties, Declarant may
alter the jurisdiction of the Committee and establish such additional committees
as Declarant in its sole discretion deems advisable.
The Architectural Committee shall consist of three (3) or more members,
at least half of whom must be owners of one or more residential lots in the
Properties and the majority of whom cannot concurrently be serving as members of
the Sea Crest Board of Directors. At
all times until the Declarant shall no longer own any property in the
Properties, the Declarant shall have full authority to designate and appoint
each of the members of the Committee and the members, respective, shall serve at
the pleasure of the Declarant. When
the Declarant shall no longer own any property in the Properties, or at an
earlier time upon waiver by Declarant of its authority to designate and appoint,
the jurisdiction of each committee and each member of each Committee shall be
designated and appointed by the Board of Directors of the Sea Crest Association
and shall serve at the pleasure of the Board.
1.4 NEW CONSTRUCTION.
Before any improvement may be constructed on the Properties or any unit
therein, the owner must apply for and obtain the written approval of the
Architectural Committee. The Architectural Committee may require that the owner pay a fee, in an amount
determined by the Board, at the time of submission of the application to defray
the cost of processing the application. Current fee amounts will be noted in Bylaws.
1.3.2 Subject to the rights of
the granting authority as provided in Section 1.13, the Committee shall have the
full and complete power to control every matter which affects the exterior and
exterior appearance of any property in the Properties, any structure on any
residential unit and the plantings, walls, fences and structures or improvements
of any other kind which may or might tend to alter in any way the nature or
appearance of any residential unit site within its jurisdiction.
No change or alteration of any structure or site within the jurisdiction
of the Committee shall be made by any person without first having secured the
written consent of the Committee.
Persons designing structural plans for the Properties should be aware
that water, in the form of creeks, springs, and heavy winter rains, may present
both opportunities and challenges during construction.
Any substantial excavation involves the risk of unearthing springs, the runoff from which will have to be controlled.
The Committee will support owners in the creative use and/or control of water on their lots.
1.4.1 The application must be submitted with:
1.5 ALTERATION, ADDITIONS. No exterior alteration or addition, however slight, shall be made to
any residential unit or premises without propr written consent of the committee;
provided, that exceptions may be granted by the granting authority as provided
in Section 1.13. Without limitation on the generality of the foregoing, the
term "exterior alteration" includes a change in color of paint on the
exterior of any structure.
a. A complete site plan showing lot dimensions, easements, major
trees, significant topographical features, and accurate contour map, all
proposed improvements, including driveways and walks and their location on the
site, all improvements of adjoining properties and their locations, floor line
elevations proposed and any existing grade modifications.
b. A preliminary floor plan and all exterior elevations showing sufficient
detail to establish character of building, including siding material, roof
material, window type and configuration, rafter material, facial material and
size, exposed masonry or chimney material, deck material, fence or screening
material and all colors (in sample form). All plans for new residential construction
should show a minimum of 1500 square feet of enclosed living space and an
attached garage for at least two cars. These drawings must be submitted at a scale of not less than 1/8"- 1'.
c. Two complete sets of plans and specifications, one of which shall remain with the Committee;
d. A perspective drawing if the Committee deems it necessary to allow
adequate review of the exterior design.
The final contracts, drawings and specifications submitted to the
Architectural Committee after preliminaries are approved, must match the
preliminary drawings in all respects as to the exterior appearance.
Once approval is obtained, no changes affecting matters covered in the
these C.C.& R.s can be made without the written approval of the Architectural Committee.
In the event the Committee fails to approve or disapprove the application
within thirty (30) days of receipt by the Committee of all data required by it
to be submitted for approval, including the perspective drawing set forth in
1.4.1.e., the Committee's approval can be presumed to have been given
provided, however, that all other restrictions and conditions set forth herein
shall remain in full force and effect.
e. Once the preparation of the lot has begun, the construction project must
be completed within a time period of two (2) years. The Committee shall be empowered to extend this time frame
for one six-month period at their discretion. Completion shall be deemed accomplished when an approved final inspection
is logged by the county. Any structures remaining unfinished after Committee permission has expired must be
torn down at the property owners expense, leaving the property in as near to
natural condition as possible.
f. The owner of each improved residential unit shall, at the owner's
expense, provide a mail box and paper box with house number and shall provide
and maintain a lamp post and lamp, together with a light-sensitive or timed
device that activates the lamp at dusk and deactivates it at dawn, at such
locations on the unit as the Architectural Committee shall designate.
The mail box, paper box, house number, lamp post and lamp shall be of a
uniform design selected by the Committee. The owner of improved residential units shall, at his sole expense, maintain the
lamp in an operable condition and keep the lamp lit from dusk of each day to
dawn of the next day. Specific plans for compliance with this provision must be a part of building application.
g. All exterior light fixtures at entry doors, decks, driveways
or other locations on the property shall have their light source shielded from horizontal view.
1.4.2 The following
criteria shall serve as general guidelines for the Committee in approving or
disapproving the application. Notwithstanding these criteria, however, variances or exceptions thereto may be granted on such
terms and conditions as the granting authority in its sole discretion may deem appropriate, as provided in Section 1.13.
a. Building height limitations will be twenty-five feet (25')
and shall be measured according to Lincoln County residential building height
Views afforded by these height restrictions and by the abundant common
areas of the Properties shall be protected by the Committee.
However, nothing in that statement shall be interpreted to
cause the enforcement of view easements by one or more owners over the property
of another. No such view easements
exist in the Properties and none shall be presumed without the full written and
recorded consent of the property owner giving that right.
Heights in excess of 25' can be allowed by the Committee, at their sole
discretion, where such excess will not block the ocean view, from any voting
lot, as afforded by the common areas.
b. Building setbacks shall generally be as follows: Front yard - 20', side
yard - 10', rear yards - 20', side yards abutting paved streets - 15',
however, such setback requirements may be modified or waived by the
Committee where property abuts common areas in recognition of situations where
such common areas may be said to act as ample set-back.
Each proposal will be reviewed on the basis of its effect on other
improvements in the development, both existing and anticipated.
The following stakes shall be placed at the building site in preparation
for construction, and maintained until their removal is approved in writing by
the Architectural committee, to facilitate monitoring of the requirements of
paragraphs 1.4.2. a & b: survey stakes at lot corners; a 3' stake at each
exterior corner of the proposed foundation; and a pole set to show the highest approved point of the proposed
c. All exterior chimneys should be of wood, brick, stone, or
metal; a metal chimney must be of such a color as to blend in aesthetically with
the residence and will be subject to approval by the Architectural Committee;
d. Indigenous natural wood species or brick
or stone masonry should be
used for all exterior walls. All exterior wood sidings should be treated with
preservatives of semi-transparent or solid body stains of natural earth tones.
Solid body stains must be used for trim.
Exterior colors must harmonize with the surrounding landscape and all
colors are subject to approval by the Architectural Committee.
Wood siding types automatically approved (preferably rough sawn or resawn
textures) are as follows:
1 x 4 T&G cedar - applied vertically
1 x 6 T&G cedar - applied vertically
1 x 4, 6, 8 cedar - beveled siding, horizontally
1 x 4, 6 cedar - channel siding - vertically
Shingles, cedar - 8" to weather
Shakes, cedar - 8-10" to weather
Plywood with battens, rough sawn cedar or fir battens 8" - 12" on center
e. All reflective metal such as chimney stacks, flashings, exhaust vents and
pipes must be coated to match or blend with surrounding materials.
Aluminum windows, door frames, and skylights must be color anodized in
earth tones. Steel window and door
frames must be painted to match or blend with surrounding materials;
f. Wood, tile or masonry shingles shall be used as roof material, provided
that the color of all tile and masonry shingles must be approved by the
With regard to paragraphs c. through f. here, the Architectural Committee
shall have full latitude in approving or disapproving the use of new
construction materials which shall become available from time to time, so long
as the quality is acceptable and the appearance of said new materials is
harmonious with others in the Properties.
g. No property line fencing shall be allowed, however, privacy
and wind screening within the normal yard setbacks may be approved where
adjacent properties are not adversely affected.
All exterior garbage and waste storage must be screened from public view.
1.6 TEMPORARY STRUCTURES.
No structure of temporary character shall be erected or maintained on any
lot or building at any time, nor shall any such structure or basement, garage or
trailer be used at any time for living quarters; provided, however, that a
temporary structure may be maintained during such period and to such extent as
may be reasonably necessary to construct on the lot an improvement approved by
the Architectural Committee.
1.7 TRUCKS, RECREATIONAL VEHICLES, ETC.
No unlicensed or inoperable truck, pick-up truck, automobile or other
motor vehicle shall be parked outside of a garage in the Properties overnight.
No licensed, operable vehicle shall be parked on the streets overnight.
No commercial vehicle, camper, trailer, boat or recreational
vehicle shall be parked on any lot or on any street except within an enclosed
garage structure at a residential premises, except that the Board may set aside
and designate an area or areas on the Properties for such storage and parking.
Nothing in this section is intended to nor does it exclude guest parking
on a temporary basis only. In this
case, "temporary" shall mean a time frame of two weeks or less per year, per
vehicle unless prior, written consent for a longer time frame is obtained from
If any truck, automobile, camper, trailer, boat, recreational
vehicle or other vehicle is stored or parked in any area on the Properties or
elsewhere designated for that purpose by the Architectural Committee or
Declarant, such storage or parking shall be solely at the risk of the owner and
neither the Declarant or any other person, firm or corporation shall have any
responsibility therefore, whether or not any fee or charge is made or paid for
the privilege of such storage of parking.
1.8 ANIMALS. Other than household pets, no animals or fowl shall be kept or allowed to
be kept on any lot or residential unit. Household
pets may not be kept, bred or maintained for a commercial purpose.
Permitted dogs, cats, and other pets shall be confined to the dwelling or
restrained by hand-held leash and shall not be permitted to run free or
otherwise to be or become a nuisance or source of annoyance to other residents.
1.9 SIGNS. No sign shall be
erected or displayed upon any residential lot without prior written consent as
provided in Section 1.13; provided, such permission shall not be required
for one sign no larger than 6 inches by 24 inches displaying the name or address
of the occupant; or for one temporary sign no larger than 16 inches by 24 inches
of a previously approved design, advertising the property for sale or; or for
temporary community decorations of reasonable time.
Signs advertising the property for sale or rent shall be removed upon the
sale or rental of the unit, and such temporary community decorations as are
permitted shall be removed upon conclusion of the community project.
Members owning three or more lots which are for sale at one time, may
submit a proposal to the Committee for approval of one larger sign showing all
lots said member has for sale. If
approved, this sign would be used instead of multiple individual signs on those
1.10 USE OF PROPERTY. No dwelling shall be used for the conduct of business or for any
purpose other than residential purposes unless prior written consent is
obtained. No oil or gas well, mine or quarry, or equipment therefore,
and no appliance or structure for business purposes shall be located or operated
on any of the Properties designated by the Architectural Committee as
residential premises. Installation
of unsightly apparatus such as drying lines, flag poles, radio poles,
exterior-mounted television antennae, exterior machinery for cooling and/or
heating, and structures detached from the dwelling unit are prohibited on
buildings or residential units unless prior written consent is obtained as
provided in Section 1.13. Satellite
receiver dishes measuring 18" or less shall
be permitted provided they are not mounted on the fronts of houses or
garages or conspicuously visible from the streets.
All drapery linings and window coverings which are visible from the
street or neighboring properties should be of materials and colors which
harmonize with the surroundings.
Garbage and other waste shall be kept in sanitary containers away from
public view, except on regularly scheduled pick-up days, and regularly disposed
of. Nothing shall be done which may constitute a nuisance to the
neighborhood or other occupants. Burn barrels or containers for the outdoor
burning of waste materials are prohibited.
1.11 LANDSCAPE AND MAINTENANCE.
Landscaping of residential units shall be completed within a reasonable
time after building completion but not more than ninety (90) days and shall
conform to the general pattern of others in the community as established
pursuant to Section 1.2 and to such standards, if any, as may be published by
the Architectural Committee.
Lot clearing shall be done so as to leave a minimum of 6" of ground
cover to prevent erosion. No existing tree measuring more than 4" in diameter (which is 12 5/8" in
circumference) at a point 3' above the surrounding ground level shall be removed
from the Properties unless prior written consent as provided in Section 1.13
shall have been obtained. Trees which are removed shall be cut or ground flush with the surrounding ground
level, leaving no protruding stumps. Person wishing to clear or excavate lots to bare dirt or use mechanical equipment which
is not hand-held must first post cash or bond in an amount stated in the Bylaws,
or Certificate of Insurance providing protection for the Association against
road damage, erosion and other concerns of the Board.
All yards and growth thereon shall be maintained, cultivated and kept free of weeds insects and diseases.
1.12 OCCUPANCY OF RESIDENTIAL UNITS. No residential
unit on the Properties shall be occupied by any person who is not a Proprietary
or Associate Member of the Sea Crest Association; provided, this
restriction shall not prohibit temporary and social visitation of a residential
unit by persons not so qualified to be occupants.
Variances from the restrictions on occupancy defined herein may be
granted on such terms and conditions as the Board may deem appropriate, as provided in Section 1.13. Variances
will not be given for short-term or nightly rental of residential structures in the Properties.
1.13 GRANT OF WAIVERS OR CONSENTS. Jurisdiction and authority to grant or extend exceptions, variances,
waivers, or consents contemplated by the foregoing Sections 1.2 through 1.13
inclusive shall be primarily in the Declarant and the Board of Directors during
such period as Declarant shall own any real property in the Properties.
The jurisdiction and authority for insuring compliance with those
sections shall be primarily in the Architectural Committee.
Any disputed committee decision may be reviewed by and/or appealed to the
Board of Directors, in which case the decision of the Board shall be final.
It is expected that such exceptions will be rare and will not include
designs considered by the granting authority to be extremely unconventional.
2.1 The term "Common Area" shall include: (a) all land in the Properties
not platted as a part of a lot or site for a residential structure and not
actually occupied by any part of a residential structure; and (b) all buildings,
streets, roads, paths, utility lines and other improvements of whatever kind or
nature, through or over any such land; and (c) any other or additional common
areas or facilities in the Properties.
3.0 SEA CREST ASSOCIATION.
2.2 Appurtenant to each residential unit in the Properties shall be a
nonexclusive right and easement of enjoyment to be shared in common with others
in and to the Common Area, which right and easement shall pass with the title to
such residential unit. The right and easement shall be subject at all times to terms and conditions of the
Declaration and the Bylaws of the Sea Crest Association, and to the following
provisions and limitations:
2.2.1 The Board of Directors of Sea Crest Association shall have the right to
limit the number of persons permitted to use at any one time a particular part
of the Common Area.
2.2.2 The Board of Directors of Sea Crest Association shall have the right
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 upon by the Board of Directors.
2.2.3 The Board of Directors of Sea Crest Association shall have the right to
promulgate reasonable rules and regulations governing such rights of use and easements, from time to time, in
the interest of securing maximum safe usage of the Common Area by those entitled
to make use thereof without unduly infringing upon the privacy or enjoyment of
the owner or occupant of any part of the Properties including, without
limitation, rules restricting persons under or over designated ages from using
certain portions of the Common area during certain times, and reasonable
regulations and restrictions respecting the use, parking and speed of
automobiles in the Common Area. The Board of Directors and members of the Association shall have the right (but not
the duty) to enforce any such rules, regulations or restrictions.
2.2.4 The Board of Directors of Sea Crest Association shall have the right by
unanimous vote, to trade, transfer or encumber small portions of the Common Area
(1) to assist and enable owners to improve lots which are difficult to improve
because of terrain or topography, or (2) when the board deems it necessary or in
the best interest of the Association.
2.3 COMMON AREA IMPROVEMENTS. Declarant or the Sea Crest Association (through its Board of
Directors) may construct improvements on the Common Area for the use, service or
benefit, in common, of the members of the Association.
These improvements may include, but are not limited to, an outdoor
lighting system, streets, roads or roadways not accepted by any city or
municipality for public maintenance or otherwise incorporated into its road
system, sidewalks, foot paths or other improvements.
2.4 CONVEYANCE OF THE COMMON AREA. At such time or times as the Declarant shall deem appropriate, it may
convey to the Sea Crest Association, subject to all easements and agreements of
record, some or all of the Common Area: provided, that any part so conveyed
shall be unencumbered by any debt encumbrance at the time of conveyance.
In accordance with the May, 1996 Settlement Agreement, the Sea Crest Association has accepted each such conveyance and shall
thereafter be vested with authority to govern the Area so conveyed and shall
continue to be responsible to operate and maintain the Area, and the Declarant
thereafter shall have no obligation or responsibility, financial or otherwise, with respect thereto.
2.5 INDIVIDUALS' RIGHTS TO DELEGATE USE OF COMMON AREA.
The owner(s) of any residential unit in the Properties may assign, in
accordance with rules and regulations adopted from time to time by the Board of
Directors of Sea Crest Association, the owner's right of use and enjoyment of
the Common Area to his tenants or guests on the property pursuant to such rules
and regulations as may be prescribed from time to time by the Board of Directors
of the Association.
2.6 RIGHT TO ENTER INTO AGREEMENTS WITH RESPECT TO THE USE OF THE COMMON AREA.
Subsequent to Declarant's conveyance of the Common Area to the
Association, the Board of Directors shall have the right to enter into agreements with other entities, individuals,
and associations, including those associations which may be formed as separate
homeowners associations for contiguous subdivisions or plats which in the future
may be recorded by the Board, to provide them right of use and enjoyment of the
Common Area. These agreements may be on such terms as the Board, in its sole discretion, deems appropriate.
Without limitation on the foregoing, these agreements may provide for
reciprocal use and maintenance of the Common Area and common area facilities or
services owned or operated by those entities, individuals or associations.
These agreements may be for a perpetual term or for a shorter term.
The Board of Directors shall have the right to enter into such agreements
or to negotiate to modify such existing agreements as the Board in its sole
discretion, deems appropriate, provided the best interests of the membership is
a primary consideration. All such agreements shall be binding upon all members of the Association.
2.7 LOT 48 From July 6, 2001
forward, Lot 48 shall be designated, in perpetuity, as Sea Crest common area,
subject to all rights and limitations as stated in Section 2 of this
Sea Crest Association shall be duly formed and incorporated as an Oregon nonprofit
corporation. It shall be administered as an Oregon nonprofit corporation.
It shall be administered by a Board of Directors pursuant to its Articles of Incorporation and its Bylaws.
3.1 MEMBERSHIP Memberships in the Association shall be divided into two groups: Proprietary members and Associate members.
4.0 STREETS AND ROADWAYS.
3.1.1 [This paragraph has been deleted in its entirety.
Class A and Class B membership classifications were terminated, effective July 31, 1999.]
3.2 ASSESSMENTS, PURPOSE OF ASSESSMENTS, LIENS AND COLLECTIONS.
3.1.2 Membership classes defined:
22.214.171.124 Proprietary members.
Each owner of a residential unit in the Properties, including Declarant,
shall be a Proprietary Member of the Association; provided that the
purchaser(s) of a residential unit under a duly recorded land sale contract
shall be deemed the "owner" of such residential unit for these purposes. Each Proprietary Member shall be entitled to one vote per
residential unit owned by such member: provided that if two (2) or more
Proprietary Members shall own any residential unit in any form of common
ownership, the common owners collectively are entitled to one vote, and the
common owners shall designate in writing filed with the secretary of the
Association the name of the common owner who shall exercise the voting right for
such residential unit.
3.1.3 [Paragraph 3.1.3 is has been deleted in its entirety.]
The rights and privileges of a Proprietary Membership shall terminate
when the holder of any such Proprietary Membership ceases to qualify as an
owner, and his certificate of membership shall thereupon be void.
126.96.36.199 Associate members.
Each lessee, renter, or other occupants of a residential unit in the
Properties not eligible for Proprietary Membership, but who satisfies the
conditions of the bylaws of the Association and of the Declaration respecting
residence in the Properties, shall be an associate Member, which status shall
continue in effect during such period as the Associate Member shall be an
authorized nonproprietary tenant of a residential unit in the Properties.
Associate Membership shall carry all the rights and privileges, and shall
be subject to all obligations and responsibilities of Proprietary Membership,
except the right to vote. At any time an Associate Member shall cease to be a resident
of the Properties, or shall become a Proprietary Member, his right and
privileges as an Associate Member shall thereupon terminate.
The Association is vested with power and authority to, and shall, assess
and collect from time to time from
its Proprietary Members; (1) monthly assessments or charges; and (2) special
assessments for capital improvements or maintenance, such assessments to be
fixed, assessed and collected as hereinafter provided.
Such monthly and special assessments shall be chargeable equally against
the respective residential units in the Properties; provided, however, that no
assessments shall be assessed on residential units while owned by Declarant
until a residential structure has been constructed thereon and until said
structure is occupied by a resident. Each such assessment, together with interest at the legal rate from the due date on
unpaid balances of the assessment and costs and expenses, and also including a
reasonable attorney's fee (whether or not suit is filed, and in event of
appeal), incurred in the collection thereof, shall become a charge against the
respective residential unit against which the assessment is made, which lien may
be enforced in accordance with law. Each owner of a residential unit, by acceptance of a deed
therefor, whether or not it shall be so expressed in such deed or other
conveyance, is deemed to covenant and agree to pay to the association each such
monthly or special assessment, and each such assessment shall be a lien against
the residential unit. No owner may avoid liability for the assessments provided for herein by non-use of the
community facilities by himself or any occupant of the residential unit against which the assessment is levied.
188.8.131.52 The association has a lien on a lot for any assessment
levied against the lot, or any fines imposed under the Declarations or Bylaws
against the owner of the lot, from the date on which the assessment and any
installment thereof, or the fine is due. At
any time when any assessment, lien, late fees or fine of any type provided for
by this declaration or the Bylaws, or installment thereof is delinquent, the
association, by and through its Board, may file a Notice of Lien in the records
of Lincoln County, Oregon, against the lot in respect to which the delinquency
pertains. Once filed, such liens
shall accumulate all future assessments or installments, interest, late fees,
penalties, fines, attorney's fees (whether or not suit or action is
instituted), and other appropriate costs properly chargeable to an owner by the
association, until such amounts are fully paid.
Said lien may be foreclosed at any time, but not later than six (6) years
after the latest lienable charge has been imposed.
In addition, the association specifically adopts by reference and
incorporates herein, the provisions of ORS 94.709.
3.2.2 Purpose of Assessments.
The assessments levied by the association shall be used exclusively for
the purpose of promoting the recreation, health, safety, welfare and protection
of the residents in the Properties and in particular
for procurement and maintenance of a general liability policy insuring the
Association, its members and directors, against liability arising out of any
accident, occurrence or event upon or in any Common Area, and for the repair and
maintenance of the Common Area and improvements thereon, including outdoor
lighting, water system, fire hydrants, drainage or storm sewer system, roads,
streets, planted parkways, and for all other purposes related to the use and
enjoyment of the Common Area and operation of the Association.
3.2.3 Basis of Assessments. Subject
to change as hereinafter provided, the monthly assessment shall start at Thirty
dollars ($30) per residential unit. The
monthly assessment may be increased or decreased effective January 1 or July 1
of each calendar year by action of the Board of Directors of the Association.
3.2.4 Special Assessments for Capital Improvements.
In addition to the monthly assessments authorized above, the Board of
Directors may levy, effective January 1 or July 1 of each calendar year, a
special assessment for the purpose of defraying in whole or in part the cost of
any construction or reconstruction, repair, maintenance or replacement of any
capital improvement described in the notice of the Board meeting at which such
action shall be considered; provided, however, that no assessments shall be
assessed on residential units while owned by Declarant until a residential
structure has been constructed thereon and said structure is occupied by a
3.2.5 Uniform Rate of Assessment.
Unless otherwise provided by action of the Board, both monthly and
special assessments shall be fixed at a uniform rate per residential unit and
may be collected on a monthly basis, or such other basis as the Board shall
determine. During any period when
the Declarant shall own any real property in the Properties, any action of the
Board of Directors fixing any assessment per residential unit shall be
ineffective unless the Declarant shall in writing concur with that action.
The following property shall be exempt from the paying of assessments
created herein: (a) all properties expressly dedicated to and accepted by a
local public authority; (b) the Common Area; and (c) all other properties owned
by the Sea Crest Association.
3.2.6 Sea Crest Association Option to Remedy Violations.
The Board of Directors, at its option, shall have the power and right at
all times, following reasonable notice to the owner by Certified U.S. mail, to
enter upon property to abate and correct any violation of the Conditions,
Restrictions and Regulations applicable to the Properties.
Said notice shall include a description of the violation and a stated
compliance period of not more than four (4) months.
These possible corrections include, without limitations, the
right to plant or replant, trim, cut back, remove, replace, cultivate or
maintain hedges, trees, shrubs, plants or lawns; and to clean, paint, repair,
replace and generally maintain the appearance of residential unit and
improvements thereon and to keep said residential unit or any building and
improvement thereon in neat and good order to conform with the general
attractive character of the area. Any
and all expenses which may be incurred by the Association pursuant to this
Section 3.2.6 shall be a charge and lien against the residential unit involved
with a lien enforceable as above provided.
The Association shall maintain the streets and roadways within the
Properties so long as the streets and roadways remain private.
Notwithstanding paragraph 2.2.2 herein, upon the request of the
appropriate public authorities for dedication of roadways and streets to the
public, the Board of Directors shall promptly make such dedication; provided
however, that upon such dedication, the responsibility for maintenance and
upkeep of the dedicated streets and roadways shall rest solely on the public
authorities; and further provided
that said public authorities agree that
the Properties will remain a gated community.
5.0 EASEMENTS AND ENCROACHMENTS.
5.1 Each conveyance of land situated in the Properties made by Declarant, and
by any person claiming by, through or under Declarant, shall be subject to the
conditions, restrictions, covenants and regulations defined herein, 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 and under and through the Common Area and all other parts of the
Properties (excepting that any portion of the Properties which may now or
hereafter be occupied by a residence, carport, garage, patio, deck or other
permitted structure shall not thereafter be subject to any easement not
theretofore applied to use), for the purpose of building, constructing and
maintaining thereon underground or concealed electric or telephone lines, gas,
water, sewer, storm drainage lines, radio or television cables or other services
now or hereafter commonly supplied by public utilities or municipal or private
corporations or for the purpose of constructing and maintaining on any part
thereof sidewalks, driveways, roads, vehicular turning areas and parking areas.
Each of said easements shall be for the benefit of all present and future
owners of lots or sites in the Properties; said easements, however, shall not be
unrestricted, but shall be subject to reasonable rules and regulations governing
rights of use as adopted from time to time by the Board of Directors of the
Association in the interest of securing maximum safe usage of said property
without unduly infringing upon the rights or privacy of the owner occupant of
any part of said property.
5.2 If any residential structure located primarily on a platted lot ("dominant lot") as
actually constructed shall have any portion thereof which extends over or across
its lot line and encroaches on an adjacent platted lot ("servient lot") the
dominant lot, and its owner, shall have a perpetual right and easement, which
shall run with the dominant lot, to maintain the encroaching construction
through the life of such construction and all replacements, and such right and
easement shall be an encumbrance upon the servient lot.
5.3 The owner and occupant of a residential unit will permit access, by the
owner or occupant of an adjoining or adjacent site and Sea Crest Association
employees or any contractor hired by the Association, to slopes or drainageways
on the property of the former to maintain slopes or drainage facilities for the
protection and use of such adjoining or adjacent site.
Each owner will not block, hinder or interfere with the established
drainage pattern over his land from adjoining or adjacent land.
5.4 So long as Declarant owns any property in the Properties, Declarant shall
have a continuing easement over and across and under and through the Common Area
for the purpose of constructing improvements on or development of residential
units owned by Declarant.
[this section is has been deleted in its entirety.]
7.0 EXTERIOR MAINTENANCE.
7.1 Each owner shall be responsible for maintenance, in a manner consistent
with the policy of land use applicable to the Properties, of his residential
unit and the improvements thereon, including appropriate care for trees, shrubs,
grass, landscaped areas, walks and other exterior improvements.
Damage caused by fire, flood, storm, earth movement, earthquake, riot,
vandalism or other cause shall be also the responsibility of the owner
responsible for maintenance and not included in any maintenance provided or
furnished by the Association. The Association shall have the right, following
notice to the owner by Certified U.S. mail, to enter upon any residential
unit for the purpose of performing exterior maintenance not performed by the
owner at reasonable hours on any day except Sunday.
Said notice shall include a description of the violation and a stated
compliance period of not more than four (4) months.
8.0 DECLARANT'S EASEMENT
7.2 Each owner shall be responsible for maintaining and keeping in good order
and repair the interior of any building located upon residential unit owned by
him, to the extent that any such interior is visible from the street or
neighboring residential units or when failure to perform such maintenance
creates a nuisance, disturbance or danger to neighbors.
7.3 In the event any owner shall fail or neglect to perform any maintenance
or repair responsibility imposed upon him,
the Sea Crest Association, through its Board of Directors, without
obligation so to do, may undertake to perform such function, in which event the
cost of such maintenance or repairs may, in the discretion of the Directors, be
added to and become a part of the assessment to which the residential unit is
subject, and a part of the lien enforceable with respect thereto.
Declarant and its agents and independent contractors shall have an
easement over and upon the Common Area as may be reasonably necessary for the
purpose of completing construction of common facilities and landscaping.
9.0 RULES AND REGULATIONS
The Board of Directors may adopt, amend or repeal rules and regulations
to provide for the manner in which the common area and facilities thereon shall
be used. The rules and regulations will be applicable on a
nondiscriminatory basis. However, provisions uniformly applicable to a class of persons, such as children of
particular ages, will not be deemed discriminatory.
10.1 The Association shall procure and maintain the general liability policy referred in section 3.2.2.
11.0 MAINTENANCE OF DRAINAGE AND STORM SEWER SYSTEM
10.2 The owner of every building on a residential unit located upon any part
of the Properties shall at all times cause the same to be insured with fire
insurance with extended coverage and special form endorsements for the full
replacement value thereof.
10.3 The Association may procure such other insurance as the Board of Directors deems necessary or proper,
including insurance for error and omissions of directors and officers, and
insurance for fire and extended coverage on Common Area improvements.
The Board of Directors shall cause to be
maintained the drainage and storm sewer system on the Properties as that
system is indicated on the recorded plats.
The cost of this maintenance shall be an Association expense.
12.0 GENERAL PROVISIONS
12.1 TERMS All of
the restrictions, covenants and agreements herein contained shall apply to all
residential units in the Properties and shall be binding upon all parties
claiming under Declarant until January 1, 2000, at which time they shall
automatically extend for successive periods of five (5) years; unless effective
January 1, 2000, or at the end of any such five-year (5) extension, the membership of the Sea Crest Association,
by two-thirds (2/3) vote of those present and voting, at a special meeting called for the purpose, shall resolve
to terminate these restrictions; provide, that, with the concurrence of
Declarant during such period as it shall own any real property in the
Properties, the restrictions may be changed, supplanted or rescinded in any or
all particulars at any time by a vote of three-fifths (3/5) of the Board of
Directors of the Sea Crest Association at any regular or special meeting called
for such purpose, whereupon such change shall be binding upon such owners of
residential units in the Properties and their successors in interest and the
occupant of such residential units; provided that no change or rescission shall
prejudice or limit any easement or mortgage of record.
12.2 ENFORCEMENT The Board shall have the ability to enforce these CC&R's by the imposition of
fines or other sanctions in accordance with the standards and procedures provided in the Bylaws.
The Sea Crest association, the owners or Declarant or its successor shall
have the right to enforce all of the covenants, conditions, restrictions,
reservations, easements, liens and charges now or which hereinafter may be
imposed by any of the provisions of this declaration as may pertain specifically
to such parties or owners by any proceeding at law or equity.
Failure by the association, any owner or the Declarant or its successor
to enforce any covenants, condition or restriction herein contained shall in no
event be deemed to be a waiver of its right to do so thereafter.
In addition to seeking damages or other legal remedies, any owner, the
association, or the Declarant or its successor shall have the authority to seek
equitable remedies, including, without limitation, prohibitory and mandatory
injunctions and specific enforcement. In the event the association brings suit or action to enforce the terms and
provisions of this declaration, the association shall be entitled to its
attorney's fees and costs if such suit or action be fixed by the trial court
and in the event of an appeal, the cost of the appeal, together with reasonable
attorney's fees to be set by the appellate court.
In addition thereto, the association shall be entitled to its reasonable
attorney's fees incurred in any enforcement activity taken to collect
delinquent liens or assessments, whether or not suit or action is filed.
Any breach of the covenants and restrictions contained herein, a re-entry
by reason thereof, or judgment or lien resulting therefrom shall be subordinate
to any mortgage or deed of trust executed prior to such breach, re-entry,
judgment or lien, in good faith and for value encumbering a unit, but shall be
binding upon and effective against a subsequent purchaser thereof.
A bona fide purchaser for
value or mortgagee, without actual or constructive notice of an existing breach
of the conditions and restrictions contained herein shall not be bound thereby; provided
the Association, through its Board of Directors, may execute, acknowledge and
record a Notice of Claim of Breach, setting forth the facts thereof with any
monetary amount involved, description of the unit against which the lien is
claimed, and name or names of the reputed owners thereof.
Such notice, recorded in Lincoln County shall be public notice of such
breach, and constructive notice to any subsequent purchaser, but if no action
for enforcement thereof has been commenced within one hundred twenty (120) days
after recording, such notice shall expire and the breach described presumed to
have been remedied.
12.4 SEVERABILITY Invalidation
by judgment or decree of any one or more of these restrictive covenants herein
defined or as hereafter duly amended, shall in no way affect any of the
remaining provisions which shall remain in full force and effect.
12.5 BINDING EFFECT The
provisions contained in this Declaration, as herein defined or as hereafter duly
amended, shall bind and inure to the benefit of and be enforceable by, the
Declarant, the owner or owners of any residential unit in the
Properties, and their respective representatives, successors or assigns.
12.6 ASSIGNMENT BY DECLARANT
Any or all rights, powers, and reservations of Declarant herein contained
may be assigned to the Association or to any other corporation or association
which is now organized or which may hereafter be organized and which will assume
the duties of Declarant hereunder pertaining to the particular rights, powers
and reservations assigned; and upon any such corporation or association
evidencing its intent in writing to accept such assignment and assume such
duties, it shall, to the extent of such assignment, have the same rights and
powers and be subject to the same obligations and duties as are given to and
assumed by Declarant herein. All rights of Declarant hereunder reserved or created shall be held and exercised by
the Declarant alone, so long as it owns any interest in any portion of the Properties.
12.7 NON-WAIVER Failure
or delay to enforce any covenant or restriction shall not be deemed a waiver of the right to do so.
AMENDMENT TO DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
PURSUANT TO a special meeting of the Board of Directors of the Sea Crest
Homeowners Association this 22nd
day of August, 1995, the Declaration
of Covenants, Conditions and Restrictions as set out in Book 199, Page 0323 of
the microfilm records of Lincoln County, Oregon and amended by instrument
recorded in Book 236, Page 132 and 146, microfilm records of Lincoln County,
Oregon, be and hereby are amended in the following particulars:
1. The Board of Directors of the Sea Crest Homeowners Association is
authorized to arrange for ongoing operation, maintenance and improvement
of any water distribution system within the roads or common areas of Sea
Crest and to assess and collect assessments therefor.
2. The Board of Directors of the Sea Crest Homeowners Association is
authorized to arrange for the ongoing operation, maintenance and improvement of
the sewage collection and treatment system within the common areas and roads of
Sea Crest, and to assess and collect assessments therefor.
3. The Board of Directors of the Sea Crest Homeowners Association shall have
the right and obligation to appoint representatives (two board members) to the
Johnson Creek Water Company Board and to remove such representatives and appoint
new representatives upon an affirmative vote of 60 percent of the Board of
Directors of the Sea Crest Homeowners Association.
4. The Board of Directors of the Sea Crest Homeowners Association is
authorized to act on behalf of the Association in negotiating contracts and
arrangements for water and sewer services.
5. The Board of Directors of the Sea Crest Homeowners Association is
specifically authorized to act on behalf of the Sea Crest Homeowners Association
in negotiating with the owners of the subdivision known as "Otter Village
Phase II", and other properties in the area, with regard to any and all
matters, including but not limited to, membership in the Sea Crest Homeowners
Association, assessments, maintenance of roads, storm sewer drainage systems,
sanitary sewer systems, water systems, and use of facilities owned and/or
controlled by the Sea Crest Homeowners Association.
This paragraph 5 shall be in addition to and shall not limit the powers,
rights and duties as set forth in Section 2.6 on page 13 of said Covenants,
Conditions and Restrictions.
6. After such time as the office, position and/or status of the
"Declarant" is terminated, expires, and/or no longer exists, the Sea Crest
Homeowners Association may amend these Covenants, Conditions and Restrictions
and/or the Plat of "Sea Crest at the Otter Rock, a re-plat of Otter Village"
upon the vote or written agreement of the members representing 75 percent of the
total votes in the Association. When
the Association adopts an amendment to the Declaration, the Association shall
record the amendment in the microfilm records of Lincoln County, Oregon.
An amendment of the Declaration is effective only upon recordation.
Amendments to the Declaration shall be executed, recorded and certified
on behalf of the Association by any officer of the Homeowners Association
designated for that purpose, or in the absence of designation, by the president
of the Board of Directors of the Association.
A person may not bring an action to challenge the validity of an
amendment as set out herein later than one (1) year after the date on which the
amendment is recorded. However,
nothing shall prevent the Association from further amending the amended
Declaration or Plat.
7. The Board of Directors of the Sea Crest Homeowners Association is
specifically authorized to enter into a settlement of Lincoln County Circuit
Court Case No. CV921083 with respect to a writing entitled "Agreement Creating
Easement", recorded at Book 185, Page 1385 in the microfilm records of Lincoln
County, Oregon and involving real property adjacent to the Inn at Otter Crest
and sewer and water facilities located thereon.
The Board is also authorized to implement by Board action any settlement
of said lawsuit, said lawsuit being filed in the Circuit Court of Lincoln
8. Within 30 days after the Board of Directors of the Sea Crest Homeowners
Association adopts a proposed annual budget, the Board of Directors shall
provide a summary of the budget to all owners.
If the Board of Directors is petitioned by owners representing 20 percent
of the votes of the Association, the Board shall call a meeting of the owners to
consider rejection of the budget. The
date of the meeting shall be not less than 14 days nor more than 30 days after
the summary is provided to the owners. At
the meeting, whether or not a quorum is present, the budget shall be adopted
unless a majority of the votes of the Association rejects the budget.
If the proposed annual budget is rejected, the last annual budget shall
continue in effect until the owners approve a subsequent budget.
This paragraph 8 shall only take effect at such time as the office,
position and/or status of the "Declarant" is terminated, expires, and/or no
9. Voting by proxy shall be permitted at any regular or special meeting and
for any purpose, including but not limited to voting for Directors, amending the
Declaration or Bylaws, voting on budget matters, and any and all other matters
voted upon by members of the Sea Crest Homeowners Association.
10. To the extent of a conflict between this document entitled "Amendment
to Declaration of Covenants, Conditions and Restrictions" and the previously
recorded (as set out above) Conditions, Covenants and Restrictions and Bylaws,
this amendment shall control.