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Specifications 1 g / 9,5, 9vy5- ?le Sw 9 24.70( Ave C C & R's aK'S s=e-C 77�F= y,z1-Yc • • ,AVE We believe these are the correct conditions and restrictions. However, no examination of the title has been made and Fidelity National Title Company assumes no liability for any additions, deletions or corrections. C o m p l i m e n t s o f F i d e l i t y N e l i o n e l T i t l e Washington County, Oregon 2009 -034139 04/21/2009 02:42:18 PM • D-R/B Cttte2 Stns J GREGORY $340.00 $5.00 $11.00 - Total 0 ,6381.00 0 Ca recording LLCetum to: 11111111 II III I 11 22 9003 I� P.O. Box 1082 � 0135 900341390880889 I, Richard Hebernteht, Director of Aasssemerdan0 Clackamas, OR 97015 Taxation and Ex-0fllclo County Clerk for Washington County, Oregon, do hereby certi y that the within ' `' '�" Instrument of writing was roeelvsd a roc d In the e S • book of records of said cou • • Richard Hobemlcht, Director of A 'intent a . • :• Taxation, Ex-ORlclo County Clerk • • • • • • • • • DECLARATION. OF PROTECTIVE COVENANTS, CONDITIONS, AND RESTRICTIONS FOR TIHF, PLAT OF "MONTAGE," marketed under the name of • BROWNSTONE. AT THE • • • • • • • • • • • • • , • TABLE OF CONTENTS PAGE Article 1. DEFINITIONS 4 Article 2. PROPERTY SUBJECT TO THIS DECLARATION 6 Article 3. OWNERSHIP AND EASEMENTS 8 Article 4. LOTS AND HOMES 14 Article 5. COMMON AREA 24 Article 6. ARCHITECTURAL REVIEW COMMITTEE 26 Article 7. BROWNSTONE at THE SQUARE OWNERS ASSOCIATION 30 Article 8. DECLARANT CONTROL 30 Article 9. DECLARANT'S SPECIAL RIGHTS 31 Article 10. FUNDS AND ASSESSMENTS 33 Article 11. GENERAL PROVISIONS 39 Montage, CC&R, 041609.doc DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR BROWNSTONE at THE SQUARE THIS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF BR WNSTONE at THE SQUARE ("Declaration ") is made this VD day of , 2009, by Casa Terra, LLC, an Oregon limited liability company, as the "Declarant". RECITALS WHEREAS, the Declarant is the owner, or controls, all that certain real property and improvements thereon located in the County of Washington, State of Oregon, referred to as the Plat of Montage, recorded in the Deed records of Washington County as on APRIL .1/ , 2009, as Document No. 4045()3 4 /1....3 7 , and including Lots 1 through 33 and Tracts A through I. WHEREAS, Declarant intends to develop the Property as a Class 1 planned community, under ORS 94.550 and to establish the planned development project of Montage, Declarant desires to impose these mutually beneficial covenants, conditions, restrictions, easements, assessments and liens on the Property under a comprehensive general plan of improvement and residential development for the benefit of all of the Owners, the Lots and Common Area within Montage; and WHEREAS, the recorded Plat refers to the name of this community as "Montage," however, the community will be marketed under the name "Brownstone at The Square." All references to these names throughout this Declaration shall be synonymous; and WHEREAS, Declarant has deemed it desirable for the preservation of the values and amenities in BROWNSTONE at THE SQUARE to create a Homeowners Association, which shall be a non -profit Oregon corporation, to which will be delegated and assigned the powers and authority to own, maintain and administer the Association and the Common Area and facilities, and administer and enforce the covenants, conditions, and restrictions of this Declaration, and collect and disburse the assessments and charges hereinafter created. Montage, CC&R, 041609.doc NOW THEREFORE, the Declarant declares that the Property shall be held, transferred, sold, conveyed and occupied subject to the following covenants, conditions, restrictions, easements, charges and liens, or as noted herein, which shall run with the land and shall be binding upon all parties having or acquiring any right, title or interest in the Property or any part thereof and shall inure to the benefit of the Association and of each Lot Owner. ARTICLE 1 DEFINITIONS 1.1. "Architectural Review Committee" or "ARC" shall mean the Declarant until turnover and thereafter shall refer to the Board of Directors unless the Board has appointed a separate body to carry out the functions described in Article 6 in which case "ARC" shall refer to this body. 1.2. "Articles" shall mean the Articles of Incorporation for the non -profit • corporation, Montage, or such similar name approved by and filed with the Oregon Corporation Commissioner. 1.3. "Association" shall mean and refer to Brownstone at The Square Owners Association, its successors and assigns. 1.4. "Board" or "Board of Directors" shall mean the Board of Directors of Brownstone at The Square Owners Association. 1.5. "Building Structure" shall mean a building that is comprised of one or more contiguous Homes constructed and located on Lots, including without limitation, garage structures located on the Lots, whether attached to or detached from the Building Structure. 1.6. "Bylaws" shall mean and refer to the Bylaws of the Association, which shall be properly adopted and recorded in the County of Washington. 1.7. "Common Area(s)" shall mean and refer to any areas of land shown on the recorded plat of the Property, commonly designated as "Tracts ", including any improvements thereon, which are intended to be devoted to the common use and enjoyment of the members of the Association, and areas outlined herein as the maintenance responsibility of the Association, unless provided otherwise in this Declaration. Additional areas may be maintained by the Association where provided for in this Declaration. Additional areas may be designated Common Areas through annexation of additional phases to Brownstone at The Square and the Plat of Montage. Montage, CC&R, 041609.doc 1.8. "Common Home Exteriors" shall mean the exterior of each attached Home at the Property. Common Home Exteriors shall include the siding, trim, rain gutters, downspouts, rain drain and footing drain systems, roof, roof eaves, and flashing, including the exterior envelope components of the garage whether attached or detached to dwelling unit. Common Home Exteriors do not include the interior landscaping within enclosed courtyards or patios, decks, fencing, or driveways, except as may be spelled out within this document. Also excluded from Common Home Exteriors are the maintenance responsibilities that rest solely with the Owners of such Lots as defined in this Declaration. 1.9. "Declarant" shall mean and refer to Casa Terra, LLC, its successors or assigns, or any successor or assign to any of their interests in the development of the Property. "Declarant" shall not refer to any other subsequent purchaser of a Lot or Home. 1.10. "Declaration" shall mean the covenants, conditions, restrictions, and all other provisions set forth in this Declaration of Covenants, Conditions and Restrictions for Brownstone at The Square. 1.11. "General Common Expenses" shall mean those expenditures made or liabilities incurred by the Association, including reserves. Such definition should also apply to the words, "Common Expenses" as used in this Declaration. 1.12. "General Plan of Development" shall mean the Declarant's general plan of development of the Property as approved by appropriate governmental agencies, as may be amended from time to time. 1.13. "Home" shall mean and refer to any portion of a structure situated on a Lot designed and intended for use and occupancy as a residence by a single family or household. 1.14. "Lot" shall mean and refer to any plot of land indicated upon the recorded subdivision map of the Property, including any annexations to Montage. 1.15. "Lot Easement Area" shall mean and refer to those portions of any Lot subject to any easement benefiting the Association. The term "Lot Easement Area" shall not refer to any portions of any Lot encumbered by an easement to any other party, including without limitation, any governmental entity. 1.16. "Members" shall mean and refer to the Owners of Lots in Montage and who are members of Brownstone at The Square Owners Association. Montage, CC&R, 041609.doc i 1.17. "Brownstone at The Square" shall mean the real property described within the Plat of Montage, and any annexations of additional lands to Brownstone at The Square and all Common Area included within the Plat of Montage. 1.18. "Occupant" shall mean and refer to the occupant of a Home who shall be the Owner, lessee or any other person authorized by the Owner to occupy the premises. 1.19. "Owner" shall mean and refer to the record Owner, including Declarant, whether one or more persons or entities, of the fee simple title to any Lot or a purchaser in possession under a land sale contract. The foregoing does not include persons or entities that hold an interest in any Lot merely as security for the performance of an obligation. 1.20. "Plat" shall mean and refer to the recorded Plat(s) of Montage, and any annexation plats. 1.21. "Property" shall mean and refer to all real property described within the Plat of Montage, and any annexations of additional property, including the Common Area, and all improvements located on the real property, as may be brought within the jurisdiction of the Association and be made subject to this Declaration. 1.22. "Rules and Regulations" shall mean and refer to the documents containing rules and regulations and policies adopted by the Board of the Association or the Architectural Review Committee ( "ARC "), and as may be from time to time amended by the Board and/or ARC. 1.23. "Tract" shall mean and refer to those areas designated by a letter on the Plat as Common Areas. 1.24. "Turnover Meeting" shall be the meeting called by the Declarant to turn over control of the Association to the Class A members. ARTICLE 2 PROPERTY SUBJECT TO THIS DECLARATION 2.1. The real property which is and shall be held, transferred, sold, conveyed and occupied subject to this Declaration is located in the County of Washington, Oregon, in that certain plat map entitled "Montage" filed in the plat records of Washington County, Oregon, more particularly described as consisting of Lots 1 through 33 of Montage (a.k.a. "Brownstone at The Square "), and Tracts A through I. Montage, CC&R, 041609.doc 2.2. At any time during the initial term of this Declaration, the Declarant may, at its sole option, annex additional property into the Association to be subject to the terms hereof to the same extent as if originally included herein and subject to such other terms, covenants, conditions, easements and restrictions as may be imposed thereon by Declarant. Declarant currently anticipates that there will be a total of approximately 33 Lots in the subdivision, including the Lots on this Plat, and Lots expected to be created in property to be annexed to the subdivision, but this number may be adjusted at the sole discretion of Declarant. Declarant shall have no obligation of any kind to annex any additional land to the Property. (a). Eligible Property. There is no limitation on the number of Lots, which Declarant may annex to the Property, or the right of Declarant to annex common property, except as may be established by applicable ordinances, agreements, or land use approvals. (b). Consent or Joinder Not Rewuired. No consent or joinder of any Class A member as defined in this Declaration or other party except the record owner of the land being annexed shall be necessary to effect any annexation made pursuant to this Section. (c). Declaration of Annexation. Annexation shall be evidenced by a written Declaration of Annexation executed by the Declarant, or (in the case of an annexation by action of members) by the Board and the owners of the property being annexed, setting forth the legal description of the property being annexed and any additional covenants, conditions and restrictions to be applied to such annexed property. Notwithstanding any provision apparently to the contrary, a declaration with respect to any annexed property may: (i). establish such new land classifications and Types of Lots and such limitations, uses, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of the annexed property; (ii). with respect to existing land classifications, establish additional or different l imitations, uses, restrictions, covenants and conditions with respect thereto as Declarant may deem to be appropriate for the development of such annexed property; and/or (iii). contain provisions necessary or appropriate to comply with any condition, requirement, or imposition of any governmental or regulatory authority. Montage, CC&R, 041609.doc Without limitation of the meaning of the foregoing provisions of this Section, in any Declaration of Annexation the Declarant may, but shall not be obligated to, establish different Types of Lots and have particular rights and obligations pertain to different Types of Lots, establish easements particular to different Lots, establish assessments that pertain only to certain Types of Lots, establish maintenance obligations of the Association or of Owners that vary in accordance with different Types of Lots, establish insurance and casualty provisions that relate to certain Types of Lots and not others, and establish limited common areas that benefit particular Lots to the exclusions of other Lots and provisions particular to such limited common areas. (d). Voting Rights: Allocation of Assessments. Upon annexation, additional Lots so annexed shall be entitled to voting rights and shall be responsible for payment of assessments as required for that fiscal year. At the beginning of the next fiscal year, assessments for the general common areas shall be apportioned equally based upon the total number of Lots following such annexation, but assessments that are relative to a specific product type will be spread equally over only the units of that type. (e). No Duty to Annex. Nothing herein contained shall establish any duty or obligation on the part of the Declarant or any member to annex any property into the Association and no owner of property excluded from the Association shall have any right to have such property annexed thereto. Declarant is under no obligation to build Homes on any or all of the Lots contained in the original Plat. ARTICLE 3 OWNERSHIP AND EASEMENTS 3.1. Non - Severability. The interest of each Owner in the use and benefit of the Common Area shall be appurtenant to the Lot owned by the Owner. No Lot shall be conveyed by the Owner separately from the interest in the Common Area, subject to the provisions of Section 3.3. Any conveyance of any Lot shall automatically transfer the right to use the Common Area without the necessity of express reference in the instrument of conveyance. There shall be no judicial partition of the Common Area. Each Owner, whether by deed, gift, devise or operation of law, for his/her own benefit and for the benefit of all other Owners, specifically waives and abandons all rights, interests and causes of action for judicial partition of any interest in the Common Area and does further agree that no action for judicial partition shall be instituted, prosecuted or reduced to judgment. The ownership interest in the Common Area and Lots described in this Article are subject to the easements granted and reserved in this Declaration for drainage, needed maintenance support and maintenance of the exterior appearance for the Building Structures. Montage, CC&R, 041609.doc i Each of the easements reserved or granted herein shall be deemed to be established upon the recordation of this Declaration and shall forever be deemed to be covenants running with the land for the use and benefit of the Owners and their Lots and shall be superior to all other encumbrances applied against or in favor of any portion of Brownstone at The Square. 3.2. Ownership of Lots. Title to each Lot in Brownstone at The Square shall be conveyed in fee to an Owner. If more than one person and/or entity owns an • undivided interest in the same Lot, such person and/or entities shall constitute one Owner. 3.3. Ownership of Common Areas. Title to the Common Area, if any, shall be conveyed to the Association not later than sixty (60) days after eighty percent (80%) of the Lots have been conveyed to purchasers or seven years from the date this Declaration is recorded, whichever is earlier. The Board of Directors may convey title to any present or future Common Area Tracts, if any, to a City, County or other Government agency. The Association, with the approval of 60% of the Association membership, may sell, convey or mortgage the Common Area. All Tracts are to be owned and maintained by the Association. Said Tracts include but may not be limited to the following: • (a) Tract A is a landscaped open space which shall be owned and maintained by the Association; (b) Tract B is a private street providing access to Lots 1 through 12. Said Tract shall be owned and maintained by the Association for the benefit of all Owners. All operating and reserve expenses associated with the maintenance of said Tract shall be shared equally by all Lots in the Association regardless of location or frontage; (c) Tract C is a pedestrian and bicycle pathway benefitting Lots 7 through 18, which shall be owned and maintained by the Association. All operating and reserve expenses associated with the maintenance of said Tract shall be shared equally by all Lots in the Association regardless of frontage or location; (d) Tract D is a private street providing access to Lots 13 through 24. Said Tract shall be owned and maintained by the Association for the benefit of all Owners. All operating and reserve expenses associated with the maintenance of said Tract shall be shared equally by all Lots in the Association regardless of location or frontage; Montage, CC&R, 041609.doc j (e) Tract E is a water quality facility which shall be owned and maintained by the Association; (f) Tract F is a private street providing access to Lots 25 through 33. Said Tract shall be owned and maintained by the Association for the benefit of all Owners. All operating and reserve expenses associated with the maintenance of said Tract shall be shared equally by all Lots in the Association regardless of location or frontage; (g) Tract G is a water quality facility which shall be owned and maintained by the Association; (h) Tract H is a landscaped open space which shall be owned and maintained by the Association. Said Tract is subject to a public access easement over its entirety; (i) Tract I is a pedestrian and bicycle pathway benefitting Lots 29 through 33 and the neighboring property to the East. Said Tract shall be owned and maintained by the Association for the benefit of all Owners. All operating and reserve expenses associated with the maintenance of said Tract shall be shared equally by all Lots in the Association regardless of location or frontage; (j) A ten (10) foot public sidewalk easement is reserved along the northern boundary of Lots 1 through 5; and (k) A six (6) foot public sidewalk easement is reserved along the northern boundary of Lot 6. 3.4. Easements. Individual deeds to Lots may, but shall not be required to set forth the easements specified in this Article. (a) Easements on Plat. The Common Area and Lots are subject to the easements and rights of way shown on, or noted, on the plat of Montage. These include, but are not limited to, the following: (i) An eight (8) foot wide public utility easement shall exist along all Lot and Tract lines, except Tract G, abutting public streets and along the North lines of Lots 1 through 4, abutting Tract A; (ii) Tract B is subject a private access easement benefitting Lots 1 through 12; a public pedestrian and bicycle access easement; a public utility easement; a storm sewer and sanitary sewer easement to Clean Water Services, over its entirety; Montage, CC&R, 041609.doc i (iii) Tract C is subject to private access easement benefitting Lots 7 through 18; a public pedestrian access easement; and a bicycle access easement, over its entirety; (iv) Tract D is subject to a private access easement benefitting Lots 13 through 24; a public pedestrian access easement; a bicycle access easement; a public utility easement; a storm sewer and sanitary sewer easement to Clean Water Services, over its entirety; (v) Tract E and G are subject to a storm sewer, surface water drainage and detention easement to Clean Water Services, over their entireties; and (vi) Tract F is subject to a private access easement benefitting Lots 25 through 33; a public pedestrian access easement; a bicycle access easement; and a public utility easement, over its entirety. (b) Easements for Common Area. Every Owner shall have a non- exclusive right and easement of use and enjoyment in and to the Common Area, which shall be appurtenant to and shall pass with the title to every Lot. (c) Easements Reserved by Declarant. So long as Declarant owns any Lot, Declarant reserves an easement over, under and across the Common Areas in order to carry out sales activities necessary or convenient for the sale of Lots. In addition, Declarant hereby reserves to itself, and for its successors and assigns, a perpetual easement and right -of -way for access over, upon and across the Common Areas for construction, utilities, communication lines, drainage, and ingress and egress for the benefit of the Lots or other property owned by Declarant. Declarant, for itself and its successors and assigns, hereby retains a right and easement of ingress and egress over, in, upon, under and across the Common Area and the right to store materials thereon and to make such other use thereof as may be reasonably necessary or incident to the construction of the improvements on the Property or other real property owned by Declarant in such a way as to not unreasonably interfere with the occupancy, use, enjoyment or access to an Owner's Lot by that Owner or his/her family, tenants, guests or invitees. Declarant and Declarant's agents, successors and assigns shall have an easement over and upon the common elements as may be reasonably necessary for the purpose of completing or making repairs to existing structures, for the purpose of carrying out sales and rental activities necessary or convenient for the sale or rental of units, including, without limitation, the right to use the units owned by Declarant as model units and the right to use a unit as a sales office, and for the purpose of discharging any other obligation of Declarant or exercising any other special Declarant right, whether arising under the Oregon Planned Community Act or reserved in this Declaration or the Bylaws. Montage, CC&R, 041609.doc i For a period of ten (10) years following recording of this Declaration, Declarant shall have a right to inspect the building components maintained by the Association, and the Association's records regarding inspections and maintenance of the Building Envelope Components, and all other association maintained property and improvements. (d) Additional Easements. Notwithstanding anything expressed or implied to the contrary, this Declaration shall be subject to all easements granted by Declarant for the installation and maintenance of utilities and drainage facilities necessary for the development of Brownstone at The Square. No structure, planting or other material shall be placed or permitted to remain within any easement area which may damage or interfere with the installation or maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow or water through drainage channels in the easements. The easement area of each Lot and all improvements thereon shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority, utility company or the Association is responsible. In addition, an easement is specifically reserved to the Owners of any contiguous Home in each structure, and the Association, as their interests may exist, for access to, and right of repair or service to utility and/or drainage lines and facilities which exist on each Lot for common use of Owners in said structure. (e) Association's Easements. There are hereby reserved to the Association and its duly authorized agents and representatives such easements as are necessary to perform the duties and obligations of the Association set forth in this Declaration, the Bylaws and Articles for the maintenance of the drainage and needed support for the structures, and any exterior maintenance of the Building Structures as described in this Declaration. Further, Association shall have access for maintenance to yard areas on Lots enclosed by fences, including access gates between enclosed yards. Association must give not less than five (5) days notice prior to entering enclosed yards. Owners, by acceptance of the deed to their Lot agree to this condition, even if the gates are locked, and Owners will not restrict Association access for any such maintenance, subject to the above referenced notice. (1) Easement to Governmental Entities. There is hereby reserved and granted a non - exclusive easement over the Common Area to all governmental and quasi - government entities, agencies, utilities, and their agents for the purposes of performing their duties within Brownstone at The Square. However, where applicable, Association may be subject to compensation for the taking or use of such easement rights. (g) Landscaping. The Association reserves an easement and shall pay for any landscape maintenance, upkeep and replacement, as well as utilities pertaining to landscaping or maintenance for front, side and rear yards and street -side yards, including Montage, CC&R, 041609.doc street frontage planter strips and any entry monument (even if outside of designated Common Area Tracts). Further, all such areas maintained by the Association, including Tracts A, C, E, G, H and I are subject to landscape maintenance easements over their entirety in favor of the Association. (h) Drainage Lines. The Association shall maintain the drainage lines for gutters and downspouts from the Homes to the point of intersection with the publicly owned storm drain facility. The Association hereby reserves a maintenance easement for said drainage lines pursuant to 3.4 (i) and as set forth in this Declaration. (i) Maintenance Easement. An easement is hereby reserved in favor of the Association and its successors, assigns, contractors, agents and employees over, across, and under each Lot, the exterior portions of the dwelling units on each Lot, the Common Areas, the landscaped areas, the planter strips and any other areas of the Property necessary or appropriate for the purposes of accomplishing the maintenance, repair, and replacement of Improvements. (j) Maintenance Obligations /Owner Restrictions. Except as specifically noted in this document, the Owner, at his/her expense, shall maintain, repair and replace the improvements and utility installations in any Lot Easement Area and shall hold the Association harmless from any such costs. (k) Public Utility Easements. Public Utility Easements have been provided for on the Plat, including those referenced in Section 3.4 (a). (1) Access & Maintenance Easements. Public pedestrian and bicycle access easements are reserved as provided for on the Plat, including those referenced in Section 3.4(a). (m) Private Lot Easement Areas. All Lots are subject to private access and maintenance easement along each of the common side Lot lines with adjacent Lots for the benefit of the adjacent Lots. Further, all Lots are subject to access by the Association for all non - enclosed front, rear and side yard landscape maintenance and maintenance of the Building Structure as defined in this Declaration, and to the conditions stated elsewhere in this Declaration. (n) Water. Sanitary Sewer and Storm Drain Easements. Sanitary sewer and storm drainage easements are reserved per the Plat, including those referenced in Section 3.4(a). (o) Retaining Walls. Retaining walls may have been constructed within the Property (the "Retaining Walls"). The Retaining Walls are not in all cases located on a Lot or Tract line. The location of a Retaining Wall (or the construction by Montage, CC&R. 041609.doc an Owner of any improvements on or near the Retaining Wall) shall not constitute evidence of the intended location of a Lot line, or provide grounds for any claim of adverse possession or prescriptive easement. Each Lot upon which any portion of a Retaining Wall is located shall be subject to an easement, for the benefit of all other Lots, for the purposes of support by and natural drainage from such Retaining Wall. Retaining Walls may or may not have been designed by a professional engineer, and no Owner shall take any action to add, construct or place any improvement on the Lot so that it may, in the judgment of the Association: result in disturbance of, weakening of, or damage to the Retaining Walls; increase any engineered load or alter design criteria; or cause damage to the wall and surrounding properties. Any improvements on Lots will need prior approval of Architectural Review Committee. Regardless of such approval, any Lot Owner who takes such action shall be responsible for all resulting costs of repair and restoration of the Retaining Wall. Otherwise, the Association is responsible to maintain and/or repair the Retaining Walls. The Association and its duly authorized agents or representatives shall have the right to enter the property, upon which any portion of a Retaining Wall is located, for the purpose of making any necessary repair to or maintenance of the Retaining Wall. (q) Access Easement Area Disputes. Any Easement Area disputes arising between two adjoining Lot Owners sharing use of an Easement Area herein described shall be submitted in writing to the Board of Directors of the Montage Homeowners Association. The Board of Directors shall review the disputed information and make a determination. The determination of the Board shall be final. ARTICLE 4 LOTS AND HOMES 4.1. Residential Use. Lots shall be used for residential purposes only. Except with the consent of the Board of Directors, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Lot, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Lot Nothing in this paragraph shall be deemed to prohibit (a) activities relating to the sale of residences, (b) the right of Declarant or any contractor or homebuilder to construct residences on any Lot, to store construction materials and equipment on such Lots in the normal course of construction of the Property, and to use any residence at a sales office or model home for purposes of sales in Brownstone at The Square, to maintain on site a temporary construction office or trailer, and (c) the right of the Owner of a Lot to maintain his/her professional or personal library, keep his/her personal business or professional records or accounts, handle his/her personal business or professional telephone calls or confer with business or professional associates, clients or customers, in his/her residence, so long as such activity is not Montage, CC&R, 041609.doc observable outside of the residence, does not significantly increase parking or vehicular traffic, or is in violation of applicable local government ordinances. The mere parking on a Lot or in the street, of a vehicle bearing the name of a business shall not, in and of itself, constitute a violation of this provision. The Board of Directors shall not approve commercial activities otherwise prohibited by this paragraph unless the Board determines that only normal residential activities would be observable outside of the residence and that the activities would not be in violation of applicable local government ordinances. 4.2. Construction. Except for construction performed by or contracted for by Declarant, no construction, reconstruction or exterior alterations shall occur on any Lot, unless the approval of the ARC is first obtained pursuant to Article 6. Consideration such as siting, shape, size, color, design, height, solar access, or material may be taken into account by the ARC in determining whether or not to consent to any proposed work. Such work includes, but is not limited to Homes, storage shelters, swimming pools, spas, landscaping, greenhouses, patios, fencing, basketball hoops or remodeling. The intent of this covenant is to ensure quality of workmanship and material, harmony of external design with the existing and planned structures as to location and visual compatibility and finish grade elevations. Original construction designs, materials and product specifications by Declarant may vary from any or all specified in this document. All construction performed by or contracted for by Declarant, shall be presumed to have met these minimum requirements or have been granted a variance thereto. 4.3. The following restrictions are minimum standards applicable to all Lots: (a) Height. No Home shall exceed three (3) stories in height above the ground at street level; (b) Floor Area. The square footage area of a Home shall not be less than one thousand one hundred (1,100) square feet exclusive of attics, patios, decks, porches, balconies and garages; (c) Garages. A garage must be constructed on each Lot. Garages may be used as a sales office by Declarant, but must be converted to a garage before permanent occupancy. Garages are to be maintained primarily for the storage of automobiles or similar vehicles. No garage may be enclosed or otherwise used for habitation, nor may any garage door be removed except when necessary to repair or replace a garage door with the same type of garage door. Montage, CC&R, 041609.doc (d) Security Doors/Windows and Screen Doors. No security doors and no exterior security bars or devices on windows and doors shall be installed without the prior written approval of the ARC. If the ARC approves any type security door or window security, such approval shall encourage or require a single style for all Homes so they will maintain a uniform and aesthetic appearance. 4.4. Completion of Construction. The construction of any building on any Lot, including painting and all exterior finish, shall be completed within six (6) months from the beginning of the construction so as to present a finished appearance when viewed from any angle. In the event of undue hardship due to weather conditions, this provision may be extended for a reasonable length of time upon written approval from the ARC. The Lot and building area shall be kept reasonably clean and in workmanlike order, free of litter, during the construction period with a garbage disposal facility located on site during such construction period. If construction has not commenced within three (3) months after the project has been approved by the ARC, the approval shall be deemed revoked unless the Owner has applied for and received an extension of time from the ARC. All provisions of this Article 4 shall exclude any construction by Declarant. 4.5. Landscaping. The Association shall maintain irrigation and landscaping on all front yards, rear yards and side yards not enclosed by a fence, including any street frontage planter strips for all Lots and entry monuments (even if outside of Common Area Tracts). If Declarant installs open picket style fencing enclosing yards abutting tracts A, C, H or I, the landscaping and irrigation within those enclosed yards shall be maintained by the Association. Owners may not enclose any yard without the express written approval of the Board. If approval is given to enclose any yard, the owner may use any enclosed yard for any purpose not prohibited hereunder, provided such use is not deemed, by the ARC or the Association, to be a nuisance. Maintenance of said enclosed yard areas is the Owner's sole responsibility. (a). For areas not landscaped by Declarant, landscape installation of yards or enclosed areas on Lot by Owners is subject to approval by the ARC. Said completed landscaping on Lots shall be installed by Owners no later than 6 months after occupancy. All landscaping maintenance on Lots shall be maintained in a good condition, including watering, weeding, pruning, fertilization, mowing and other forms of maintenance. If Owner fails to maintain said landscaping, Declarant, or Association in their place reserves the rights outlined in Section 4.23 to maintain. Montage, CC&R, 041609.doc (b). No modification or alteration of the landscaping shall be performed without the written application to and approval by the ARC. Any plantings which are added to the yard areas by Owners will be at the sole expense of the Owner and the Owner shall be solely responsible for their maintenance and survival. Further, the Association and their landscape maintenance contractor will bear no responsibility for the survival, maintenance, damage or replacement of Owner /Occupant installed plants. 4.6. Exterior Maintenance. The Association shall provide exterior maintenance upon each Unit as follows: paint, caulk, repair, replace and care for roofs, roof overhangs, eaves, gutters, downspouts, flashings, exterior building surfaces, fences and other exterior improvements as necessary to prevent water intrusion. Such exterior maintenance does not include repair or replacement of deck planking, deck structural support beams or railings, exterior light bulbs, doors, windows and other glass surfaces, except to the extent of the proceeds of' the Association's insurance or to prevent water intrusion at the expense of the Owner (subject to insurance reimbursement). The Association shall also maintain the landscaping outside of fenced yards, as described herein. The cost of such maintenance by the Association shall be a Common Expense paid out of Assessments described in Article 10. In the event, however, the need for such maintenance or repair is caused by the willful or negligent act or omission of an Owner, his/her or her family, tenants, guests or invitees, and to the extent such maintenance or repair is not covered by the Association's insurance policy, the costs of such maintenance and repair may, at the discretion of the Board of Directors, be charged to the Owner as an Individual Assessment. The acceptance and submission of any insurance claims for Association insurance is at the sole discretion of the Board of Directors. 4.7. Rental of Homes. An Owner shall be entitled to rent or lease his/her residence, subject to Section 4.12, and if: (a) Written Rental Agreements Required. There is a written rental or lease agreement specifying that: (i) the tenant shall be subject to all provisions of the Declaration, Bylaws and Rules and Regulations, and (ii) failure to comply with any provision of the Declaration, Bylaws and Rules and Regulations shall constitute a default under the rental agreement. (b) Minimum Rental Period. The period of the rental or lease is not less than thirty (30) days; and (c) Tenant Must Be Given Documents. The Owner gives each tenant a copy of the Declaration, Bylaws and Rules and Regulations. Montage, CC&R, 041609.doc (d) Owner Responsibility. Owner shall be responsible for any violations by tenants and shall be solely responsible for either correcting or eliminating such violations, or getting tenant to do the same. 4.8. Animals. No animals, livestock or poultry of any kind shall be raised, bred, kept or permitted within any Lot other than a reasonable number of domestic household pets which are not kept, bred or raised for commercial purposes and which are reasonably controlled so as not to be a nuisance. Any inconvenience, damage or unpleasantness caused by such pets, including noise, shall be the responsibility of the respective Owners thereof. No dogs shall be permitted to roam the Property unattended, and all dogs shall be kept on a leash while outside a Lot. An Owner may be required to remove a pet from the property upon the receipt of the third notice in writing from the Association Board of Directors of violation any rule, regulation or restriction governing pets within the Property. A "reasonable number of domestic household pets" and the definition of "domestic household pets" shall be subject to rules adopted and approved by the Board in its sole discretion. 4.9. Nuisance. No noxious, harmful or offensive activities shall be carried on upon any Lot or Common Area, nor shall anything be done or placed on any Lot or Common Area which interferes with or jeopardizes the enjoyment, or which is a source of annoyance to the other Owners or Occupants. 4.10. Parking. Parking of boats, trailers, commercial vehicles, mobile homes, campers, other recreational vehicles or equipment regardless of weight shall not be allowed on any part of the Lot or Common Area. Parking shall only be in garages or driveways if no portion of the vehicle overhangs the street, sidewalks or pathways. Garages shall be primarily used for vehicular parking and not solely for storage. The parking of vehicles is prohibited on any public or private street within the Property if posted or marked "No Parking ", or curbs are painted to restrict parking. No parking in Common Areas, other than private streets, unless so posted. Per the Plat for Montage, no vehicular access shall be allowed from SW Hall Boulevard onto Tract A, or Lots 5 and 6. 4.11. Vehicles in Disrepair. No Owner shall pennit any vehicle, which is not currently licensed or is in an extreme state of disrepair to be abandoned or to remain parked upon any Lot for a period neither in excess of forty-eight (48) hours, nor on a Common Area for any length of time. A vehicle shall be deemed in an "extreme state of disrepair" when the Board of Directors reasonably determines that its presence offends the Owners and Occupants. Should any Owner fail to remove such vehicle within five (5) days following the date on which the notice is mailed to him/herby the Association, the Association may have the vehicle removed from the Property and charge the expense • of such removal to the Owner. All oil or grease on roadways or driveways shall be cleaned up immediately by Owner. Montage, CC&R, 041609.doc 4.12. Signs. The temporary display of a "For Sale" sign on a Lot, not exceeding twenty -four (24) inches high and thirty -six (36) inches long, may be within the front -yard, or inside of a first floor, front, sheet facing window of a residential Building Structure. "For Rent" and/or "For Lease" signs are prohibited. The restrictions contained in this paragraph shall not prohibit the temporary placement of "political" signs on any Lot by the Owner or Occupant, or construction and marketing related signage by the Declarant or its contractors. No sign of any kind, other than Declarant's marketing signs or any Association signs for the common good of the Community, which have been previously approved by the Board of Directors, will be allowed on Common Areas. 4.13. Rubbish and Trash. No Lot or part of the Common Area shall be used as a dumping ground for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for timely and proper disposal, out of public view. Yard Takings, dirt and other material resulting from landscaping work shall not be dumped onto streets, the Common Areas or any other Lots. Should any Owner fail to remove any trash, rubbish, garbage, yard rakings or any such materials from any Lot, any roadways or Common Area where deposited by him/her within five (5) days following the date on which notice is mailed to him/herby the Board of Directors, the Association may have such materials removed and charge the expense of such removal to the Owner. Each Owner is responsible for trash disposal, and shall remove individual trash containers within 12 hours of collection. No trash and/or storage containers shall be visible from any adjacent street or neighboring Lot, and shall not be allowed to emit any odors or attract insects or rodents. 4.14. Fences and Hedges. No fences or boundary hedges shall be installed on individual Lots without prior written approval of the ARC. All fence materials, designs, and colors are subject to prior approval of the ARC and the standards set forth in any Design Guidelines adopted by the ARC or the Board of Directors. All fences that are Owner's responsibility are to be maintained in a condition acceptable to the Board and the ARC. Fencing on any Common Area properties or along the perimeter boundaries of the plat shall be maintained by the Association. 4.15. Service Facilities: Utilities. Service facilities (e.g. garbage containers, clotheslines, air conditioning compressors, etc.) shall be screened such that the elements screened are not visible at any time from the street or a neighboring Home. All utility lines, including those shared in common with Owners of any contiguous Home in the • same structure, shall be maintained, repaired and replaced by the Owner of each Lot, or all Owners individually and/or collectively at their sole expense, as may be determined. The Association's efforts to resolve issues between Owners, for any provisions of the Association documents, is done solely for the Owners' benefit and will in no event create any liability for the Association. The Association will be responsible for the maintenance of any drainage lines and pipes for gutters from the Homes to the point of intersection Montage, CC&R, 041609.doc with the publicly owned storm drain facility. The Association is not responsible for the maintenance of any utility, cable TV, or phone facilities. The ARC must approve in writing, prior to installation, the exterior location of any heating and/or air conditioning compressors or heat pumps. Said locations must take into consideration the noise and view from adjacent Homes, common areas or streets. No window air conditioners will be installed or approved by the ARC. 4.16. Antennas, Satellite Dishes and Solar Collectors. Exterior antennas and satellite receivers and transmission dishes are prohibited, except to the extent expressly mandated by rules adopted by the Federal Communication Commission. Specifically, ham radio antennas, satellite dishes one meter or larger, television antennas on masts 12 feet or higher and multi-point distribution antennas more than one meter or on masts 12 feet or higher are prohibited. To the extent permitted by Federal Communication Commission rules, the Board of Directors may require all other antennas and dishes to be hidden from view from streets and adjoining dwellings. No outside clotheslines or similar service facilities may be installed without the approval of the Board of Directors. No Owner may erect or maintain a television or radio receiving or transmitting antenna, satellite dish or similar implement or apparatus, or solar collector panels or equipment upon any Lot without the prior written consent of the ARC. Placement shall be restricted to building surfaces not considered part of the front plane of the residence Exterior satellite dishes with a surface diameter of eighteen (18) inches or less may be placed on any Lot so long as they are not visible from the street and are screened from all neighboring Homes. Approved installation locations shall in no way violate current FCC rules or regulations concerning said installation locations. The authority of the ARC in this matter shall be subject to any regulations issued by the Federal Communications Commission ("FCC") or any other applicable governmental authority. 4.17. Exterior Lighting or Noisemaking Devices. Except with the consent of the ARC, no exterior lighting or noisemaking devices shall be installed or maintained on any Lot, other than security and fire alarms. However, false alarms of security and fire systems will not be allowed to repeatedly occur. Seasonal holiday lighting and decorations are permissible if consistent with any applicable rules and regulations and if installed no more than thirty (30) days before the celebrated holiday, and removed within thirty (30) days after the celebrated holiday. 4.18. Recreational Equipment. No playground, athletic or recreational equipment or structures, including without limitation, basketball backboards, hoops and related supporting structures, shall be permitted, installed or utilized on any Lot in view from any public street, sidewalk or Common Area within the Property. Montage, CC&R, 041609.doc i 4.19. Grades, Slopes, and Drainage. There shall be no interference with the established drainage patterns or systems over or through any Lot within the Property so as to affect any other Lot or Common Area or any areas outside the Property unless adequate alternative provisions are made for proper drainage and are approved by the ARC. The term "established drainage" shall mean any wall, drainage swales, conduits, inlets and outlets designed and constructed on the Property. - 4.20. Damage or Destruction to Home and/or Lot. If all, or any portion of a Lot or Home, is damaged by fire or other casualty the Owner shall restore the damaged improvements subject to the provisions of any applicable insurance policies. Restoration must be performed so that the improvements are in substantially the same condition in which they existed prior to the damage, subject to current governmental regulations, building codes, and provisions of Article 6 of this Declaration. The Owner must commence such work within sixty (60) days after the damage occurs and must complete the work within six (6) months thereafter. 4.21. Detached Buildings. No permanent or removable detached accessory buildings, including, but not limited to, storage buildings, greenhouses, children's playhouses and similar structures, shall be built. 4.22. Owner's Maintenance Obligations. All improvements upon any Lot, not maintained by the Association, shall at all times be maintained by the Owner in a clean and attractive condition, painted and in good repair, and in such a fashion as not to create a hazard of any kind. Homes will be provided with exterior building and landscape maintenance as outlined elsewhere in this Declaration. However, Owners are responsible for maintenance, replacement, painting, repair and general upkeep of all exterior doors, including the garage door, and all windows, window screens and any skylights, decks, deck support structures and deck railings. All work on such items is subject to ARC review and approval prior to commencement of work. In the event repair or replacement of the common foundations of a Building Structure or common firewall (which terms shall have the same meaning as party walls) of a Building Structure should become necessary or appropriate, then the Owners of the Homes within the Building Structure that required such repair or replacement shall be jointly responsible for such repair and/or replacement, and the Owners of such affected Homes shall share equally in the expense of such repair and replacement. In the event an Owner of a Home determines repair or replacement of the common foundations or common firewalls of a Building Structure is necessary or appropriate, that Owner shall notify the other Owners of the affected Homes within the Building Structure of the need to perform such repair or replacement. If a majority of the Owners of the affected Homes within the Building Structure agree that such repair or replacement is necessary, they shall jointly cause such work to be performed, and each Owner of an affected Home shall pay an Montage, CC&R, 041609.doc equal portion of the expense of such work. If an Owner of an affected Home determines repair or replacement of the common foundations or common firewalls of a building Structure is necessary or appropriate and a majority of the Owners of the other Homes affected or claim to be affected do not concur with such determination, then the Owners of the Homes affected (or claimed to be affected) shall mutually agree upon and retain a professional engineer licensed in the State of Oregon having at least five (S) years experience in such matters to inspect the common foundations or common fuewalls, and such engineer shall make a determination as to whether such repair or replacement is required. The determination of such engineer shall be binding to the affected Owners, and all expenses and fees of the engineer and of the repair or replacement work required to be performed if any, shall be borne as provided in the Section. In the event the Owners of Homes so affected or claimed to be so affected cannot agree upon a professional engineer having the required qualifications within a 30-day period, then any of the affected Owners may make application to the ARC, which shall select such engineer • having the requisite qualifications. The fees and expenses of the engineer shall be shared equally by the Owners of the Homes affected or claimed to be affected. In the event the Owner of an affected Home fails to contribute to the expense of the repair or replacement of the common foundation or common firewalls by thirty (30) days after written demand therefore, then the amount not paid or reimbursed, as well as interest thereon at the rate of twelve percent (12 %) per annum from the date of such written demand shall become a charge and lien against the Owner of a Home failing to make such payment or reimbursement. Each Owner of Homes shall be deemed to have agreed by acceptance of a deed conveying the Home, that any such lien shall be effective without the necessity of obtaining the joinder of such Owner in the execution of any instrument, upon the filing by another Owner of an affected Home of a claim of lien in the Official Records of Washington County, Oregon. 4.23. Right of Maintenance and Entry by Association. If an Owner fails to perform maintenance and/or repair which he/she is obligated to perform pursuant to this Declaration for buildings or landscaping, and if the Board determines, after notice and a hearing (given pursuant to the provisions of the Bylaws), that such maintenance and/or repair is necessary to preserve the attractiveness, quality, nature and/or value of Montage, the Board may cause such maintenance and/or repair in connection therewith to be performed and may enter any such Lot whenever entry is necessary in connection with the performance of any maintenance or construction which the Board is authorized to undertake. Entry shall be made with as little inconvenience to an Owner as practicable and only after advance written notice of not less than forty -eight (48) hours, except in emergency situations. Such right of maintenance shall include, but not be limited to, buildings, street trees and front and street -side yard landscape. Montage, CC&R, 041609.doc i 4.24. Association Rules and Regulations. The Board of Directors, from time to time, may adopt, modify or revoke Rules and Regulations governing the conduct of persons and the operation or use of Lots and Common Areas, as it may deem necessary or appropriate in order to assure the peaceful and orderly use and enjoyment of the Property. A copy of any Rules and Regulations, upon adoption, amendment, modification or revocation thereof, shall be delivered by the Board of Directors promptly to each Owner and shall be binding upon all Owners and Occupants of all Lots upon the date of delivery or actual notice thereof. The method of adoption of such Rules and Regulations shall be provided in the Bylaws of the Association. 4.25. Government Statutes, Ordinances and Regulations. The standards and restrictions of Article 4 shall be the minimum required. To the extent the ordinances and regulations of the City, County, or the State of Oregon are more restrictive, or provide for a higher or different standard, the ordinances and regulations of the City, County, or the State and any jurisdiction Property may be annexed into, shall prevail. Montage (a.k.a. "Brownstone at The Square") is subject to the Conditions of Approval per Case File No. 06- 266- S/D(4)/AMP/HRV, Washington County Department of Land Use & Transportation, and Land Development Services. 4.26. Violation. The Association may impose a fine, charge or penalty for any violation of this Declaration, the Bylaws and Rules and Regulations after reasonable notice of the violation and a reasonable opportunity for a hearing. Additionally, the Association may seek injunctions or other equitable relief or may file an action for money damages owing from such violations. 4.27. Security. The Association may, but shall not be obligated to, maintain or support certain activities within the Property designed to make the Property safer than it otherwise might be. Neither the Association, any managing agent retained by the Association, Declarant, nor any successor Declarant shall in any way be considered insurers or guarantors of security within the Property, nor shall any of them be held liable for any loss or damage by reason of failure to provide adequate security or of ineffectiveness of security measures undertaken. No representation or warranty is made that any fire protection system, burglar alarm system or other security system or measures cannot be compromised or circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss or provide the detection or protection for which the system is designed or intended. Each Owner acknowledges, understands and covenants to inform its tenants that the Association, its Board of Directors and committees, any managing agent retained by the Association, Declarant, and any successor Declarant are not insurers and that each person using the Property assumes all risks for loss or damage to persons, to property and to the contents of Lots and Homes resulting from acts of third parties and releases such parties from any liability therefore. Montage, CC&R, 041609.doc 4.28. Retaining Walls. See Article 3, Section 3.5 (o). 4.29. Windows, Decks. Porches and Outside Walls. To preserve the attractive appearance and proper maintenance of the Building Structures and Property, the nature of items that may be placed in or on windows, decks, porches, and the outside Walls, so as to be visible from the street or Common Areas are more specifically defined as follows: (1) Window coverings, curtains, shutters, drapes or blinds, other than those of commercially produced quality, shall not be permitted to be visible from any public or private street, pathway, Common Area or adjacent property; and (2) Garments, rugs, laundry and other similar items may not be hung from windows, facades, porches, or decks. ARTICLE 5 COMMON AREA 5.1 Use of Common Areas. Use of Common Areas is subject to the provisions of the Declaration, Bylaws, Articles and Rules and Regulations promulgated by the Board of Directors. There shall be no use of the Common Area except by Owners and their invitees. There shall be no obstruction of any part of the Common Area. Nothing shall be stored or kept in the Common Area without the prior written consent of the Board of Directors. No alterations or additions to the Common Area shall be permitted without the prior written approval by the Board of Directors. Any work so authorized by the Association's Board of Directors shall be considered a temporary easement over the Common Area. Nothing shall be stored or kept in the Homes or Common Area, which will increase the rate of insurance on the Common Area, or other Association insurance, without the prior written consent of the Board. At the Owner's sole expense, written approval from the Association's insurance carrier for such work in the Common Area must be obtained. If there are any insurance settlement claims or condemnation awards paid to the Association, a portion of the entire proceeds may be directed to the Lot Owner for said improvements. 5.2 Maintenance of Common Area. The Association shall be responsible for maintenance, repair, replacement, and upkeep of the Common Area, including, but not by way of limitation, all drainage systems, landscaping, irrigation systems, benches, play equipment, common area lighting not maintained by a public agency, fencing, pathways, benches, gazebos, and any other Improvements that may be included in Common Area. The Association shall keep the Common Area and improvements thereon in good condition and repair, provide for all necessary services and cause all acts to be done which may be necessary or proper to assure the maintenance of the Common Area in first class condition. Montage, CC&R, 041609.doe (a) Maintenance Plan and Inspections. The Association shall maintain those portions of the Property to be maintained by the Association in as good or better condition as at the time of the Turnover Meeting. To that end, the Board of Directors shall establish, periodically update, and implement a Maintenance Plan that identifies those components of the Property to be maintained by the Association pursuant to this Declaration requiring periodic maintenance, including a maintenance manual defining how and when such maintenance should be performed and setting forth the estimated cost of such maintenance. The operating and reserve budgets of the Association shall take into account such costs. Changes or updates to the Maintenance Plan shall be based upon the advice of competent experts or consultants. In addition, the Board of Directors shall cause an annual professional inspection of those portions of the Property to be maintained by the Association pursuant to this Declaration for the purposes of identifying any items needing repair or preventive maintenance, and shall cause such repair or preventive maintenance to be implemented. 5.3 Alterations to Common Area. Only the Association shall construct, reconstruct, or alter any improvement situated upon the Common Area. A proposal for any construction of or alteration, maintenance or repair to an improvement may be made at any meeting. A proposal may be adopted by the Board, subject to the limitations contained in the Bylaws and the Declaration. 5.4 �. Expenditures for alterations, maintenance or repairs to an existing capital improvement for which a reserve has been collected shall be made from the reserve account. As provided in Section 10.6, the Board may levy a special assessment to fund any construction, alteration, repair or maintenance of an improvement (or any other portions of the Common Area) for which no reserve has been collected or for which the reserve account is insufficient to cover the cost of the proposed improvement. 5.5 Landscaping. All landscaping on any Lot or portion of the Common Area shall be maintained and cared for in a manner consistent with the standard of design and quality as originally established by Declarant or the ARC. The Association shall be responsible for all landscaping located in any Common Area properties, as provided in Section 3.4 (g). Any Owner maintained areas shall be kept free of weeds and diseased or dead lawn, tree, ground cover or shrubs shall be promptly removed and replaced. All lawn areas shall be fertilized and neatly mowed, and trees and shrubs shall be fertilized and neatly trimmed on a regular basis. • Montage, CC&R, 041609.doc 5.6 Condemnation of Common Area. If all or any portion of the Common Area is taken for any public or quasi -public use under any statute, by right of eminent domain or by purchase in lieu of eminent domain, the entire award shall be received by and expended by the Board of Directors in a manner which in their discretion is in the best interest of the Association. The Association shall represent the interest of all Owners in any negotiations, suit or action or settlement in connection with such matters. 5.7 Damage or Destruction of Common Area. In the event any Common Area is damaged or destroyed by an Owner or any of his/her Occupants, guests, tenants, licensees, agents or members of his/her family in a manner that would subject such Owner to liability for such damage under Oregon law, such Owner does hereby authorize the Association to repair such damage. The Association shall repair the damage and restore the area in workmanlike manner as originally constituted or as may be modified or altered subsequently by the Association in the discretion of the Board of Directors. The reasonable cost necessary for such repairs shall become a special assessment upon the Lot of the Owner who caused or is responsible for such damage. ARTICLE 6 ARCHITECTURAL REVIEW COMMITTEE 6.1. Architectural Review. No improvement shall be commenced, erected, placed or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors, and proposed location of the improvement have been submitted to and approved in writing by the ARC. The ARC will only have authority to make decisions related to the Lots and not the Common Area Tracts. Any architectural or design considerations on the Common Area Tracts will be solely within the power of the Board of Directors. It is the intent and purpose of this Declaration to assure quality of workmanship and materials and to assure harmony of exterior design with the existing improvements . and landscaping. The ARC is not responsible for determining compliance with structural and building codes, solar ordinances, zoning codes or other governmental regulations, all of which are the responsibility of the Lot Owners. The procedure and specific requirements for review and approval of construction may be set forth in design guidelines adopted from time to time by the ARC. Construction by the Declarant is presumed to have been approved and is thereby exempt from this review. In all cases, which the ARC consent is required by this Declaration, the provision of this Article shall apply. The ARC and the Board of Directors are hereby granted an easement over the Lots to enable the ARC to carry out its designated fimctions. 6.2. Architectural Review Committee - Appointment and Removal. The ARC shall consist of no fewer than three (3) members, as the Board may appoint from Montage, CC&R 041609.doc time to time. The Declarant reserves the right to appoint all members of the ARC and all replacements thereto until turnover. The Declarant may appoint a single person to serve as the ARC. After turnover, the Declarant shall delegate the right to appoint and remove members of the ARC to the Board of Directors. The terms of office for each member of the ARC shall be for one (1) year unless lengthened by the Board at the time of appointment or unless the Board serves as the ARC in which event the terms of the ARC members shall be the same as their terms as Board members. The Board may appoint any or all of its members for the ARC and there should be no requirement for non -Board members on the ARC. The Board may appoint one or more members to the ARC who are not Owners, but who have special expertise regarding the matters, which come before the ARC. In the sole discretion of the Board, such non -Owner members of the ARC may be paid and that cost paid by applicants or the Association. 6.3. Majority Action. Except as otherwise provided in this Declaration, a majority of the members of the ARC shall have the power to act on behalf of the ARC, without the necessity of a meeting and without the necessity of consulting the remaining member of the ARC. The ARC may render its decision only by written instrument setting forth the action taken by the members consenting thereto. 6.4. Duties. The ARC shall consider and act upon the proposals and/or plans submitted pursuant to this Article. The ARC, from time to time and at its sole discretion, may adopt architectural rules, regulations and guidelines ( "Architectural Standards"). The Architectural Standards shall interpret and implement the provisions of this Declaration for architectural review and guidelines for architectural design, placement of buildings, color schemes, exterior finishes and materials and similar features which may be used within the Property; provided, however that the Architectural Standards shall not be in derogation of the minimum standards established by this Declaration. 6.5. ARC Decision. The ARC shall render its approval or denial decision with respect to the construction proposal within twenty (20) working days after it has received all material required by it with respect to the application. All decisions shall be in writing. In the event the ARC fails to render its decision of approval or denial in writing within sixty (60) days of receiving all material required by it with respect to the proposal, the application shall be deemed approved. Approval by the ARC does not imply government approval, which is solely the responsibility of the Owner. Montage, CC&R, 041609.doc 6.6. ARC Discretion. The ARC may, at its sole discretion, withhold consent to any proposed work if the ARC finds the proposed work would be inappropriate for the particular Lot or incompatible with the design standards that the ARC intends for Brownstone at The Square. Consideration such as siting, shape, size, color, design, height, solar access, or other effect on the enjoyment of other Lots or the Common Area, and any other factors which the ARC reasonably believe to be relevant, may be taken into consideration by the ARC in determining whether or not to consent to any proposed work. 6.7. Non- waiver. Consent by the ARC to any matter proposed to it or within its jurisdiction shall not be deemed to constitute a precedent or waiver impairing the ARC's right to withhold approval as to any similar matter thereafter proposed or submitted to it for consent. 6.8. Anneal. At any time after Declarant has delegated appointment of the members of the ARC to the Board of Directors pursuant to Section 6.2, any Owner adversely impacted by action of the ARC may appeal such action to the Board of Directors. Appeals shall be made in writing within ten (10) days of the ARC's action and shall contain specific objections or mitigating circumstances justifying the appeal. If the Board is already acting as the ARC, the appeal shall be treated as a request for a rehearing, but in such case the Board must actually meet and receive evidence and argument. A final, conclusive decision shall be made by the Board of Directors within fifteen (15) days after receipt of such notification. The determination of the Board shall be final. 6.9. Effective Period of Consent. The ARC's consent to any proposed work shall automatically be revoked three (3) months after issuance unless construction of the work has been commenced or the Owner has applied for and received an extension of time from the ARC. 6.10. Determination of Compliance. The ARC shall inspect, from time to time, all work performed and determine whether it is in substantial compliance with the approval granted. If the ARC finds that the work was not performed in substantial conformance with the approval granted, or if the ARC finds that the approval required was not obtained, the ARC shall notify the Owner in writing of the noncompliance. The notice shall specify the particulars of any noncompliance and shall require the Owner to take the necessary action to bring the work into compliance with the approved project. 6.11. Non - compliance. If the ARC determines that an Owner has not constructed an improvement consistent with the specifications on which approval is based, and if the Owner fails to diligently commence to remedy such non - compliance in accordance with the provisions of the notice of noncompliance, then at the expiration of Montage, CC&R, 041609.doc the third (3 day from the date of such notification, the ARC shall provide a notice of a hearing to consider the Owner's continuing non - compliance. The hearing shall be set not more than thirty (30) days from the date of the notice of non-compliance. At the hearing, if the ARC finds that there is no valid reason for the continuing non - compliance, the ARC shall determine the estimated costs of correcting it. The ARC shall then require the Owner to remedy or remove the same within a period of not more than ten (10) days from the date of the ARC's determination. If the Owner does not comply with the ARC's ruling within such period or within any extension of such period as the ARC, at its discretion, may grant, the Association may (a) remove the non-complying improvement, (b) remedy the non - compliance, or (c) file suit to compel compliance. The costs of such action shall be assessed against the Owner and his/her Lot, including all attorneys' fees and other costs expended and incurred to enforce compliance, before suit or action is filed. and at trial or on any appeal or review thereof. 6.12. Liability. Neither the ARC, the Board, their agents, nor any member thereof shall be liable to any Owner, Occupant, or builder for any damage, loss or prejudice suffered or claimed or claimed to be suffered arising from any action by the ARC or a member thereof or failure of the ARC or a member thereof, provided only that the member has acted in good faith in accordance with the actual knowledge possessed by him. 6.13. Estoppel Certificate. Within fifteen (15) working days after written request is delivered to the ARC by an Owner, and upon payment to the ARC of a reasonable fee fixed by the ARC to cover costs, the ARC shall provide such Owner with a certificate executed by the Chairman of the ARC, and acknowledged, certifying with respect to any Lot owned by the Owner, that as of the date thereof either (a) all improvements made or done upon or within such Lot by the Owner comply with this Declaration or any Rules and Regulations either promulgated by the Board or the ARC, or (b) such improvements do not so comply, in which event, the certificate shall also identify the non - complying improvements and set forth with particularity the nature of such noncompliance. The Owner, his/her heirs, divisees, successors and assigns shall be entitled to rely on the certificate with respect to the matters set forth. The certificate shall be conclusive as between the Declarant, the ARC, the Association and all Owners, and all such persons deriving an interest through any of them. Montage, CUR, 041609.doc ARTICLE 7 BROWNSTONE AT THE SQUARE HOMEOWNERS ASSOCIATION 7.1. Members. Each Owner shall be a mandatory member of the Association. Membership in the Association shall be appurtenant to, and may not be separated from, ownership of any Lot. Transfer of ownership of a Lot automatically transfers membership in the Association. Without any other act or acknowledgement, Occupants and Owners shall be governed and controlled by this Declaration the Articles, Bylaws, and Rules and Regulations and any amendments thereof. 7.2. Proxy. Each Owner may cast his/her vote in person, pursuant to a proxy executed by the Owner, or by written ballot, as provided by ORS 94.647. An Owner may not revoke a proxy given pursuant to this section except by actual notice or revocation to the person presiding over a meeting of the Association. A proxy shall not be valid if it is undated or purports to be revocable without notice. A proxy shall terminate one (1) year after its date, unless the proxy specifies a shorter term. 7.3. Procedure. All meetings of the Association, the Board of Directors, the ARC, and Association committees shall be conducted with such rules of order as may from time to time be adopted by the Board of Directors. Notwithstanding which rule of order is adopted, the chairman shall be entitled to vote on all matters, not merely to break a tie vote. A tie vote does not constitute a majority or approval of any motion or resolution. 7.4. Contracts Entered Into by Declarant or Before Turnover Meeting. Notwithstanding any other provision of this Declaration, any management contracts, service contracts or employment contracts entered into by Declarant or the Board of Directors on behalf of the Association before the Turnover Meeting shall have a term of not more than three (3) years. In addition, any such contract shall provide that it may be terminated without cause or penalty by the Association or Board of Directors upon not less than thirty (30) days' notice to the other party given not later than sixty (60) days after the Turnover Meeting. ARTICLE 8 DECLARANT CONTROL 8.1. Interim Board and Officers. Declarant or the Owners shall form a transitional advisory committee (the "Transitional Advisory Committee ") to provide for the transition from administrative responsibility by Declarant for the Property to administrative responsibility by the Association, in accordance with the provisions in the Bylaws. Montage, CC&R, 041609.doc 8.2. Turnover Meeting. The Declarant shall call a meeting for the purpose of turning over administrative control of the Association from the Declarant to the Class A members within ninety (90) days of the earlier of: (a) Upon Sale of Lots. When all of the Lots in Property have been sold and conveyed to Owners other than a successor Declarant or a builder for development; or (b) Declarant's Earlier Election. At such earlier time as Declarant may elect in writing to terminate Class B membership. The Declarant shall give notice of the meeting to each Owner as provided in the Bylaws. If the Declarant does not call the meeting required under this Section, any Owner may do so. 8.3 Board of Directors. At and following Turnover, the Board of Directors of the Association shall be comprised of three (3) directors. The directors will be elected by a plurality of the total membership of the Brownstone at The Square Owners Association. In the event of a vacancy occurring on the Board, the position of such director(s) shall be filled in accordance with the terms and provisions of the Bylaws through appointment by the Board of Directors. The Directors elected at the Turnover Meeting shall serve until the first annual meeting of the Corporation. At the first annual meeting, the Owners shall elect Directors as provided for in the Bylaws, such that terms will be staggered so that two (2) Directors shall serve a term of 2 years, and one (1) Director for a term of 1 year. At all subsequent Annual Meetings, the term of office for elected Directors will be two (2) years. ARTICLE 9 DECLARANT'S SPECIAL RIGHTS 9.1 General. Declarant is undertaking the work of developing Lots and other improvements within Brownstone at The Square. The completion of the development work and the marketing and sale of the Lots is essential to the establishment and welfare of the Property as a residential community. Until the Homes on all Lots on the Property have been constructed, fully completed and sold, with respect to the Common Areas and each Lot on the Property, the Declarant shall have the special rights set for in this Article 9. Montage, CC&R, 041609.doc 9.2 Voting Rights. The Association shall have two (2) classes of voting members. (a) Class A. Class A members shall be all Owners of Lots other than the Declarant, and each Class A member shall be entitled to one (1) vote for each Lot owned with respect to all matters upon which Owners are entitled to vote. (b) Class B. The Class B member shall be Declarant, their successors and assigns. The Class B member shall have three (3) votes for each Lot owned. The Class B membership shall cease and be converted to Class A membership upon the earlier of: (i). When all Lots have been sold and conveyed to Owners other than Declarant ( "Termination Date "); or (ii). At such earlier time as Declarant may elect in writing to terminate Class B membership. Thereafter, each Owner, including the Declarant, shall be entitled to one (1) vote for each Lot owned with respect to all matters upon which Owners are entitled to vote, and the total number of votes shall be equal to the total number of Lots. When more than one (1) person or entity owns a Lot, the vote for such Lot may be cast as they shall determine, but in no event will fractional voting be allowed. Fractional or split votes shall be disregarded, except for purposes of determining a quorum. The total number of votes as of the Termination Date and thereafter shall be equal to the total number of Lots. 9.3 Marketing Rights. Declarant shall have the right to maintain a sales office and model on one or more of the Lots which the Declarant may or may not own, to be staffed by the employees of the Declarant or any licensed real estate sales agents. The Declarant and prospective purchasers and their agents shall have the right to use and occupy the sales office and models during reasonable hours any day of the week. The Declarant may maintain a reasonable number of "For Sale" signs at reasonable locations of the Property, including, without limitation, the Common Area. 9.4 Declarant's Easements. The Declarant has reserved easements over the Property as more fully described in Article 3.4, Sections (c) and (d) hereof. 9.5 Appearance and Design of Brownstone at The Square. Declarant shall not be prevented from changing the exterior appearance of the Common Area, including the landscaping or any other matter directly or indirectly connected with project in any Montage, CC&R, 041609.doc manner deemed desirable by Declarant, provided that the Declarant obtain governmental consents required by law. The construction and material standards of Article 4 notwithstanding, Declarant may change exterior and/or interior designs from initial plans and provisions in this document, without notice. This may include designs, colors, and type of materials, provided Declarant obtains any necessary governmental consent. 9.6 Construction by Declarant. All construction by Declarant establishes the standards for the ARC and meets any Design Guidelines of the Association. ARTICLE 10 FUNDS AND ASSESSMENTS 10.1. Purpose of Assessment. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the Owners and Occupants, and for the improvement, operation and maintenance of the Common Area, including maintenance and administrative costs. (a) Common Expense Designations. Common Expenses of the nature described in Section 10.1 which are to be, or are, incurred by the Association for the benefit of all of the Owners of Lots within the Property shall be separately budgeted for allocation among all such Owners and shall be designated "General Common Expenses ". (b) Insurance By the Association. The Association shall obtain insurance per the provisions of Article 6, Section 6.8 of the Bylaws attached to this Declaration as Exhibit A. 10.2. Covenants to Pay. Declarant, on behalf of each and every subsequent Owner of any Lot, covenants and agrees that each Lot will pay the Association the assessments and any additional charges levied pursuant to this Article 10. (a) Funds Held. The assessments collected by the Association shall be held by the Association for and on behalf of each Owner and shall be used solely for the operation, care and maintenance of Brownstone at The Square as provided by this Declaration. Upon the sale or transfer of any Lot, the Owner's interest in the funds shall be deemed automatically transferred to the successor in interest of such Owner, and is not refundable. 10.3. Basis of Assessments and Commencement of Assessments. Assessments are to be levied against all Lots, except those owned by the Declarant, whether or not such Lots have been improved with a substantially completed Home. 'Provided, however, that no Assessment shall be levied against any Lot until such time as it is first sold to a purchaser other than Declarant or Declarant assignee. Assessments for Montage, CC&R, 041609.doc all Lots conveyed by the Declarant to purchaser /Owner, either by deed or land sales contract, shall begin on the day of the recording of the deed or land sale contract conveying or contracting to convey the Lot of the new Owner. In accordance with ORS 94.704 (1), Declarant shall pay all common expenses of the Association that exceed the operating assessments received from non - Declarant Owners, exclusive of the reserve assessments. As of the first of the month following the date of the Turnover Meeting, all Declarant Lots will pay operating and reserve assessments under the payment provisions contained in this Declaration. 10.4. Annual Assessments. Annual assessments for each fiscal year shall be established when the Board approves the budget for that fiscal year. Annual assessments shall be levied on a fiscal year basis. The fiscal year shall be for the period beginning June 1 and ending May 31'`, unless another year is adopted by vote of the Board members. Unless otherwise specified by the Board, annual assessments shall be due and payable in monthly installments on the first day of each month during the term of this Declaration. (a) Budget. Regardless of the number of Members or the amount of assets of the Association, each year the Board shall prepare, approve and make available to each Member a pro forma operating statement (budget) containing; (i) estimated revenue and expenses on an accrual basis; (ii) the amount of the total cash reserves of the Association currently available for replacement or major repair of the Common Area and for contingencies; (iii) an itemized estimate for the remaining life of, and the methods of funding to defray repair, replacement or additions to major components of the Common Area; and (iv) a general statement setting forth the procedures used by the Board in the calculation and establishment of reserves to defray the costs and repair, replacement or additions to major components of the Common Area. For the first fiscal year, the budget shall be approved by the Board no later than the date on which annual assessments are scheduled to commence. Thereafter, the Board shall annually prepare and approve the budget and distribute a copy thereof to each Member, together with written notice of the amount of the annual assessments to be levied against the Owner's Lot, not less than thirty (30) days and not more than ninety (90) days prior to the beginning of the fiscal year. The assessments in the budget to be collected at intervals as determined by the Board of Directors may include both operating and maintenance costs and the reserve assessments, all as defined in the Association documents. (b) Allocation of Assessments. The total amount in the budget shall be charged equally against all sold Lots as annual assessments. Declarant may offset operating assessment payments due under this Declaration through the payment of maintenance or utility costs described in herein, subject to submittal of paid invoices to the Association. Montage, CC&R, 041609.doc (c) Other Assessments. In addition to all assessments described in this Article 10, the Association shall assess all Lots for costs and expenses incurred by or at the direction of the Board for upkeep and maintenance of the exterior walls, exterior paint and roofing, and exterior maintenance of the front and side yards, including street frontage planter strips of all Homes. In addition to the maintenance fund and the reserve fund described above, separate funds are hereby established for receipt, administration and distribution of proceeds arising from assessments against all Lots related to the upkeep and maintenance of the exterior building and landscape maintenance described above. Such assessments will be fixed annually in accordance with the general budget guidelines outlined in Section 10.4 (a) above for the general association assessment. These maintenance responsibilities shall be subject to the same terms and conditions as the regular or special periodic assessments described above. A reserve study required in Section 10.5 (b) below shall incorporate these maintenance responsibilities. Exterior wall painting is to include any trim. All doors, windows and any skylights, including frames, glass replacement and cleaning is the sole responsibility of Owners. (d) Non - Waiver of Assessments. If before the expiration of any fiscal year the Association fails to fix annual assessments for the next fiscal year, the annual assessments established for the preceding year shall continue until a new annual assessment is fixed. The provisions of this section are subject to the provisions of the Oregon Planned Community Act. 10.5. Reserve Funds (a) Reserve Fund for Replacing Common Elements. Declarant shall establish a reserve fund in the name of the Association for replacement, in whole or in part, of any completed improvements located in, on, or under the Common Area or Lots for which the Association is responsible pursuant to this Declaration, that will normally require replacement in more than three (3) and fewer than thirty (30) years, for any exterior painting to the extent the Common Area improvements include exterior painted surfaces, for other items, whether or not involving the Common Area, if the Association has responsibility to maintain the items, and for other items for which reserves are required by the Declaration or Bylaws ( "Reserve Fund "). The Reserve Fund need not include those items that could reasonably be funded from the maintenance fund or operating assessments, or for which one or more Owners are responsible for maintenance and replacement under the provisions of this Declaration or the Bylaws. For purposes of funding the Reserve Fund, the Declarant initially, and thereafter the Association, shall impose an assessment to be called the "Reserve Fund Assessment" equally against each Lot. The Reserve Fund Assessment shall be based on the reserve study, and updates • thereof, described herein, or other sources of reliable information. Nothing herein shall limit the authority of Declarant or the Association to establish other separate and unrelated reserve funds that are funded by assessments for reserves that are in addition to the Reserve Fund or that relate only to a particular type or category of Lot. Montage, CC &R. 041609.doc The Reserve Fund shall be kept separate from other funds and may be used only for the purposes for which reserves have been established as specified in this Section, although the Board may borrow funds with a specified repayment program, in accordance with the Oregon Planned Community Act. Required Reserve Fund Assessments for completed improvements shall begin accruing from the date the first Lot assessed is conveyed. Declarant may elect to defer payment of the Reserve Fund Assessments due on Lots it owns until the date of the conveyance of the Lot to an Owner. However, the Declarant may not defer such payment beyond the date of the Turnover Meeting. The book and records of the Association shall reflect the amount owing from the Declarant for all Reserve Fund Assessments. After the Turnover Meeting, the Board may borrow funds from the Reserve Fund to meet high seasonal demands on the regular operating funds or to meet other unexpected increases in expenses. Such funds borrowed from the Reserve Fund shall be repaid from regular annual or special assessments against the Lots, if the Board has adopted a resolution, which may be an annual, continuing resolution, authorizing the borrowing of funds. Not later than the adoption of the budget for the following year, the Board shall adopt by resolution a written payment plan providing for repayment of the borrowed funds within a reasonable period. The Board may adjust the amount of the Reserve Fund Assessments as indicated by any reserve study or update, and provide for other reserve items that the Board, in its discretion, may deem appropriate. In addition, after the second anniversary of the turnover meeting, the Association may elect to reduce or increase future Reserve Fund Assessments by a 75% vote of the Owners. Any funds established for any of the purposes mentioned in this Section shall be deemed to be within the Reserve Fund notwithstanding that it may not be so designated by the Board of Directors. The amount of the Reserve Fund shall constitute an asset of the Association and shall not be refunded or distributed to any Owner. (b) Reserve Study. The Board of Directors shall annually conduct a reserve study, or the review and update of an existing study, of the Common Area to determine the requirements of the reserve fund described in Section 10.5(a) above. The reserve study shall include (a) identification of all items for which reserves are required to be established; (b) the estimated remaining useful life of each item as of the date of the reserve study; (c) the estimated cost of maintenance, repair, or replacement of each item at the end of its useful life; and (d) a thirty (30) year plan with regular and adequate contributions, adjusted by estimated inflation and interest earned on the reserve fund, to meet the maintenance, repair, and replacement schedule. Montage, CC&R, 041609.doc (c) Maintenance Plan. In conjunction with and pursuant to Section 5.2(a) above, annually, in concurrence with the reserve study review, the Board may also review and update, as necessary, an Association Maintenance Plan to reflect, at a minimum, recent maintenance that has taken place, changes in the physical status of a reserve component, or the addition of a physical component that has come to the Board's attention. (d) Maintenance Plan Summary. The Board of Directors may annually provide a Maintenance Plan Summary to all Lot owners, which details any maintenance to be conducted in the coming fiscal year, on reserve components referenced by the Maintenance Plan and Reserve Study. 10.6 Special Assessments. The Board of Directors shall have the power to levy special assessments against an Owner or all Owners in the following manner for the following purposes: (a) Deficits in Operating Budget. To correct a deficit in the operating budget, by vote of a majority of the Board; (b) Breach of Documents. To collect amounts due to the Association from an Owner for breach of the Owner's obligations under the Declaration, the Bylaws, or the Rules and Regulations, by vote of a majority of the Board. All provisions of this • Section 10.6 (b) shall be interpreted by the provisions of the Oregon Planned Community • Act relative to the imposition of fines and penalties. (c) Repairs. To make repairs or renovations to the Common Area if sufficient funds are not available from the operating budget or replacement reserve accounts by vote of a majority of the Board; or (d) Capital Additions. To make capital acquisitions, additions or improvements, by vote of at least seventy -five percent (75 %) of all votes allocated to the Lots. Any special assessments shall be owned solely by the Association regardless of their purpose and the individual Owners so assessed shall have no rights or interests in said funds. 10.7 Accounts. (a) Types of Accounts. Assessments collected by the Association will be deposited into at least two (2) separate accounts with a bank, which accounts shall be designated as (i) the Current Operating Account and (ii) the Reserve Account. Those portions of the assessments collected for current maintenance and operation levied under Section 10.4 (b) will be in the Current Operating Account and those portions of the assessments collected as reserves for replacement and deferred maintenance of capital Montage, CC&R, 041609.doc improvements into the Reserve Account. Special Assessments shall be deposited into one of the two accounts, whichever is deemed by the Board to be appropriate. Withdrawal of funds for the Association's Reserve Account shall require the signatures of two (2) Directors, or Board approval in the written minutes of the Association. (b) Reserve Account. The Association shall pay out of the Reserve Account only those costs that are attributable to the maintenance, repair or replacement of capital improvements for which reserves have been collected and held. After the individual Lot Owners have assumed responsibility for administration of the planned community, the Board of Directors may borrow funds from the reserve account to meet high seasonal demands on the regular operating funds or to meet unexpected increases in expenses. Funds borrowed must be authorized by a resolution passed by the Board of Directors, which also outlines the manner of repayment from later assessments. Such resolution may be an annual continuing resolution, authorizing the borrowing of funds. Not later than the adoption of the budget for the following year, the Board shall adopt by resolution a written payment plan providing for repayment of the borrowed fiords within a reasonable period. (c) Current Operating Account. All ordinary maintenance and operating expenses shall be paid from the Current Operating Account. 10.8 Default in Payment of Assessments. Enforcement of Liens. (a) Personal Obligation. All assessments properly imposed under this Declaration or the Bylaws shall be the joint and several personal obligations of all Owners of the Lot to which such assessment pertains. In a voluntary conveyance (that is, one other than through foreclosure or a deed in lieu of foreclosure) the grantees shall be jointly and severally liable with the grantor(s) for all Association assessments imposed through the recording date of the instrument affecting the conveyance. Said provisions shall be in accordance with the provisions of the Oregon Planned Community Act. A suit for a money judgment may be initiated by the Association to recover such assessments without either waiving or foreclosing the Association's lien. (b) Association Lien. At any time any assessment (of any type provided for by this Declaration or the Bylaws) or installment thereof is delinquent, the Association, by and through its Board or any management agent, may file a notice of lien in the deed records of Washington County, Oregon against the Lot in respect to which the delinquency pertains. Once filed, such lien shall accumulate all future assessments or installments, interest, late fees, penalties, fines, attorneys' fees (whether or not suitor action is instituted) and other appropriate costs properly chargeable to an Owner by the Association, until such amounts are fully paid. The provisions regarding the attachment, notice, recordation and duration of liens established on real property under ORS 94.704 to 94.716, as the same may be amended, shall apply to the Association's lien. The lien Montage, CC&R, 041609.doc shall be foreclosed in accordance with the provisions regarding the foreclosure of liens under ORS Chapter 88. The lien of the Association shall be superior to all other liens and encumbrances except property taxes and assessments, any first mortgage, deed of trust or land sale contract recorded previously to the Association's notice of lien and any mortgage or deed of trust granted to an institutional lender which is recorded previously to the Association's notice of lien. (c) Interest: Fines: Late Fees: Penalties. The Board in its reasonable discretion may from time to time adopt resolutions to set the rate of interest, and to impose late fees, fines and penalties on delinquent assessments or for violations of the provisions of this Declaration, the Bylaws, any Rules and Regulations, and any rules and regulations adopted by the ARC. The adoption of such impositions shall be communicated to all Owners in writing not less than thirty (30) days before the effective date by a notice mailed to the assessment billing addresses of such Owners. Such impositions shall be considered assessments which are lienable and collectible in the same manner as any other assessments. Provided, however, no fine or penalty for violation of this Declaration, the Bylaws or any Rules and Regulations (other than late fees, fines or interest arising from an Owner's failure to pay regular or special assessments) may be imposed against an Owner or his/her Lot until such Owner is given an opportunity for a hearing as provided in Sections 4.26 and 6.11. (d) Acceleration of Assessments. In the event an Owner is delinquent in payment of any assessment or installment on any assessment, the Association, upon not less than ten (10) days written notice to the Owner, any accelerate the due date of the full annual assessment for that fiscal year and all future installments of any special assessments. (e) Association's Right to Rents/Receiver. In any foreclosure suit by the Association with respect to such lien, the Association shall be entitled to collect reasonable rent from the defaulting Owner for the use of his/her Lot or shall be entitled to the appointment of a Receiver. Any default by the Owner in any provisions of the Declaration or Bylaws shall be deemed to be a default by the Owner of any mortgage to which the Owner is party or to which the Lot is subject. ARTICLE 11 GENERAL PROVISIONS 11.1. Records. The Board of Directors shall preserve and maintain minutes of the meetings of the Association, the Board and any committees. The Board of Directors shall also keep detailed and accurate financial records including individual assessment accounts of Owners, the balance sheet, and income and expense statements. Individual assessment accounts shall designate the name and address of the Owner or Owners of the Montage. CC&R 041609.doc Lot, the amount of each assessment as it becomes due, the amounts paid upon the account, and the balance due on the assessments. The minutes of the Association, the Board and committees, and the Association's financial records shall be reasonably available for review and copying by the Owners. A reasonable charge may be imposed by the Association for labor and materials relative to providing copies. Owners can obtain copies of this information within 10 -days of receipt of a written request. 11.2. Indemnification of Directors. Officers. Employees and Agents. The Association shall indemnify any Director, officer, employee or agent who was or is a party or is threatened to be made a party to any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative (other than an action by the Association) by reason of the fact that he/she is or was a Director, officer, employee or agent of the Association or is or was serving at the request of the Association as a Director, officer, employee or agent of another corporation, partnership, joint venture, trust or other enterprise, against expenses (including attorneys' fees), judgments, fines and amounts paid in settlement actually and reasonably incurred by said person in connection with such suit, action or proceeding if he/she acted in good faith and in a manner he/she reasonably believed to be in, or not opposed to, the best interest of the Association, and, with respect to any criminal action or proceedings, had no reasonable cause to believe his/her conduct was unlawful. The termination of any action, suit or proceeding by judgment, order, settlement, conviction, or with a plea of nolo contendere or its equivalent, shall not of itself create a presumption that a person did not act in good faith and in a manner which he/she reasonably believed to be in, or not opposed to, the best interest of the Association, and with respect to any criminal action or proceedings, had reasonable cause to believe his/her conduct was unlawful. Payment under this clause may be made during the pendency of such claim, action, suit or proceeding as and when incurred, subject only to the right of the Association to reimbursement of such payment from such person, should it be proven at a later time that such person had no right to such payments. All persons who are ultimately held liable for their actions on behalf of the Association as a Director, officer, employee or agent shall have a right of contribution over and against all other Directors, officers, employees or agents and members of the Association who participated with or benefited from the acts which created said liability. 11.3. Enforcement: Attorneys' Fees. The Association and the Owners within the Property or any mortgagee on any Lot shall have the right to enforce all of the j covenants, conditions, restrictions, reservations, easements, liens and charges now or hereinafter imposed by any of the provisions of this Declaration as may pertain specifically to such parties or owners by any proceeding at law or in equity. Failure by either the Association or by any Owner or mortgagee to enforce any covenant, condition or restriction herein contained shall in no event be deemed a waiver of their right to do so thereafter. Montage, CC&R, 041609.doc i 11.4. Severability. Invalidation of any one of these covenants, conditions or restrictions by judgment or court order shall not affect the other provisions hereof and the same shall remain in full force and effect. 11.5 Duration. The covenants, conditions and restrictions of this Declaration shall run with and bind the land for a term of thirty-five (35) years from the date of this Declaration being recorded, after which time they shall be automatically extended for successive periods of ten (10) years, unless rescinded by a vote of at least ninety percent (90%) of the Owners and ninety percent (90%) of the first mortgagees. Provided however, amendments, which do not constitute rescission of the planned development, may be adopted as provided in Section 11.6 below. Additionally, any such rescission that affects the Common Area shall require the prior written consent of the County of Washington, Oregon. 11.6 Amendment. Except as otherwise provided in Section 11.5 and the restrictions set forth elsewhere herein, this Declaration may be amended at any time by an instrument approved by not less than seventy -five percent (75 %) of the total votes for all Lots subject to this Declaration, of each class of members that are eligible to vote. Any amendment must be executed, recorded and certified as provided by law. Provided, however, that no amendment of this Declaration shall affect an amendment of the Bylaws or Articles without compliance with the provisions of such documents, and the Oregon Non -Profit Corporation Act. Provided further, so long as the Declarant own any Lot, no amendment affecting the general plan and development or any other right of the Declarant herein contained may be affected without the express written consent of the Declarant or its successors and assigns. (a) Scriveners Errors. Declarant reserves the right at any time to amend this Declaration, Bylaws, Articles of Incorporation or any amendment thereto, in order to correct scrivener's errors. (b) Unilateral Amendment by Declarant. The Declarant may amend this Declaration in order to comply with the requirements of the Federal Housing Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any other state in which the Lots are marketed and sold, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon, or such other state, the approval of which entity is required in order for it to insure, guarantee or provide financing in connection with development of the Property and sale of Lots. Prior to the Turnover Meeting, no Declarant amendment shall require notice to or approval by any Class A member. . Montage, CC&R, 041609.doc 11.7 . Release of Right of Control. The Declarant giVe'. up their right of control in Writing at any time by notice to the Association, subject to the provisions Of the Oregon Non-Profit statutes and the Oregon Planned Community Act. 11.8 Personal Pronouns. All personal pronouns used in this DeClaration; whether used in the masculine, feminine or neuter gender, shall 'include all other genders; the singular shall apply to the plural and vice versa. 11.9 Resolution of Document Conflict& In the event of a conflict among any • of the provisions in the documents governing Montage, such conflict shall be resolved by looking to the following documents in the order shown below: . ., • 1. Declaration a Covenants, Conditions and Restrictions; •. Articles ofincorPOration; 3. Bylaws;. 4: Rules and Regulations: • • • • • The remainder of this page left blank intentionally. • • • • Montage, CC&R, 041609.doc • . . • ‘.! IN WITNESS WHEREOF, ,the' undersigned being the Declarant herein, has executed this instrument this ,?b day of 71.:!. , 2009. • CASA TERRA, LLC, An Oregon lin ited liabilitycompany, By: Karl waiter ' • Title: member . ' f . : �. OFFICIAL SEAL STATE OF OREGON ) = BILL MC BUCIOR LE • -Pn.- NOTARYPUBUC= OREGON ) S• ` � f COMMISSION NO. A405812 County of Washington ) MY COMMISSION EXPIRES JULY 8, 2010 This instrument was acknowledged before me on / (Z J , 2009, by l � a -r-/ &7tc , the /77 of Casa Terra, LLC, an Oregon limited' liability company, on its behalf. _ /I/` d.------ NOTARY PUBLIC FOR OREGON My Commission Expires: 3µ-y 6, / o Montage, CC&R, 041609.doc EXHIBIT "A" BWAWSONFUROWNSTONE AT THE SQUARE OWNERS ASSOCIATION TABLE OF CONTENTS Page ARTICLE 1. DEFINITIONS . w».. w»..».......... w... ww...»...»...».»» ww. ». ....w..w ».... ».. ».w.w. 1 1.1 Association 1 1.2 Articles of Incorporation 1 1.3 Declaration 1 1.4 Incorporation by Reference 1 ARTICLE 2. MEMBERSHIP w. NN.. NN. w». N .w 1 2.1 Membership 1 2.2 Membership List 1 ARTICLE 3. MEETINGS AND VOTING...... »...w ».... ».....» .2 3:1 Place of Meetings 2 3.2 Turnover. Meeting 2 3.3 Annual Meeting' - 2 3.4 Special Meetings • 2 3.5 No of Meeting _ V 2 3.6 Quorum 3 3.7 Voting Rights • , 3 3.8 Fiduciaries and Joint. Owners 4 3.9 Tenants and Contract Vendors V 4 3.10 Absentee,Ballots and Proxies _ 4 • 3.11 Majority Vote - • 4 3:12 Rules of Order 5 ' 3.13 Ballot Meetings . • y , ' 5 ARTICLE 4. BOARD OF DIRECTORS & MEETINGS. . »..» N. w. 6 4.1 Number and Qualification 6 4.2 Interim Directors 6 4.3 Transitional Advisory Committee - 6 4.4 Election and Tenure of Office 7 • • • 4.5 Vacancies 7 4.6 Removal of Directors 7 4.7 Powers 7 4.8 Meetings 9 4.9 Open Meetings. 10 4.10 Notice of Meetings 10 4.11 Quorum and Vote 11 4.12 Liability and Indemnification 11 4.13 Compensation 11 4.14 Executive, Covenants and Other Committees. 11 4.15 Enforcement Procedures. 12 ARTICLE OFFICERS.... NN. N... NN.. N.. N». N.... NN».. N. NN..». N».. N .».»».M».... ...N».».»NN.».» 5.1 Designation and Qualification 13 5.2 Election and Vacancies 13 5.3 Removal and Resignation 13 5.4 President 13 5.5 Secretary 14 5.6 Treasurer 14 5.7 Compensation of Officers 14 ARTICLE 6. ASSESSMENTS, RECORDS AND REPORTS ...... ....... »...N....N......... » 14 6.1 Assessments 14 6.2 Records 15 6.3 Statement of Assessments Due. 16 6.4 Inspection of Books and Records 16 6.5 Payment of Vouchers 16 6.6 Execution of Documents 16 6.7 Reports and Audits 17 6.8 Insurance. 17 ARTICLE 7. GENERAL PROVISIONSN._....»..» .............. N.... N. NN .N. ».»...».»..» »N.. ».»..... »19 7.1 Seal 19 ii 7.2 Notice 19 7.3 Waiver of Notice 19 7.4 Action Without Meeting • 19 7.5 Conflicts - 20 ARTICLE 8. AMENDMENTS TO BYLAWS ....» ........ ..............»..:»»......: ZO 8.1 . How Proposed 20 8.2 Adoption 20 8.3 Relationship. to Declaration 20 8.4 Execution and Recording 21 • • • iii ARTICLE 1. DEFINITIONS 1.1 Association. "Association" means Brownstone at The Square Owners Association, a nonprofit corporation organized and existing under the laws of the State of Oregon. 1.2 Articles of Incorporation. "Articles of Incorporation" means the Articles of Incorporation of the Association. 1.3 Declaration. The "Declaration" means the Declaration of Protective Covenants, Conditions, and Restrictions for BROWNSTONE at THE SQUARE to which these Bylaws are attached, as the same may be subsequently amended or supplemented pursuant to the terms thereof. 1.4 Incorporation by Reference. Except as otherwise provided herein, the terms that are defined in Article I of the Declaration are used in these Bylaws as therein defined. Additionally, the recorded Plat refers to the name of this community as "Montage," however, the community will be marketed under the name "Brownstone at The Square." All references to these names throughout these Bylaws shall be synonymous. ARTICLE 2. MEMBERSHIP 2.1 Membership. Every Owner of one or more Lots within the Property shall, immediately upon creation of the Association and thereafter during the entire period of such ownership, be a member of the Association. Such membership shall commence, exist and continue simply by virtue of such ownership, shall expire automatically upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. 2.2 Membership List. The Secretary shall maintain at the principal office of the Association a membership list showing the name and address of the Owner of each Lot. The Secretary may accept as satisfactory proof of such ownership a duly executed and acknowledged conveyance, a title insurance policy, or other evidence reasonably acceptable to the Board of Directors. Monde. Bylaws, 041509 1 ARTICLE 3. MEETINGS AND VOTING 3.1 Place of Meetings. Meetings of the members of the Association shall be held at such reasonable place convenient to the members as may be designated in the notice of the meeting. 3.2 Turnover Meeting. Declarant shall call the first meeting of the Owners to organize the Association within ninety (90) days after termination of the Class B membership as provided in Section 3.7 below. Notice of such meeting shall be given to all Owners as provided in Section 3.5. If the Declarant fails to call the meeting, the meeting may be called and notice given by any Owner or mortgagee of a Lot. The expense of giving notice shall be paid or reimbursed by the Association. Nothing in this section shall be construed as preventing Declarant from calling the Turnover Meeting before such date or from calling informal, informational meetings of the Owners. 3.3 Annual Meeting. The annual meeting of the members for the election of directors and for the transaction of such other business as may properly come before the meeting shall be held at such reasonable hour and on such reasonable day as may be established by the Board of Directors or, if the Board should fail to designate a date by the first day of September, then the meeting shall occur at 7:00 p.m. on the first (1st) Thursday in October. An annual meeting shall be held within each calendar year, commencing with the year in which the transfer of title occurs for the first lot to an Owner other than the Declarant, the Declarant's successors or assigns. The Turnover Meeting may count as the annual meeting for the year in which it is held. 3.4 Special Meetings. A special meeting of the Association may be called at any time by the President or by a majority of the Board of Directors. A special meeting shall be called upon receipt of a written request stating the purpose of the meeting from members having at least thirty percent (30 %) of the voting rights entitled to be cast at such meeting. Business transacted at a special meeting shall be confined to the purposes stated in the notice of meeting. 3.5 Notice of Meeting. (a) Written or printed notice staling the place, day and hour of the meeting, the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, any proposal to remove a director or officer and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be delivered not less than ten (10) or more than fifty (50) days before the date of the meeting. Such notice shall be given either personally or by mail, by or at the direction of the President, the Secretary, or the persons calling the meeting, to each member entitled to vote at such meeting and to all mortgagees who have requested such notice. Notices to Declarant shall be mailed. If mailed, such notices shall be deemed to be delivered when deposited in the United States mail, with postage fully prepaid thereon, addressed to the member at his or her most recent address as it appears on the records of the Association or to the mailing address of his or her Lot. Montage, Bylaws, 041509 2 (b) When a meeting is adjourned for thirty (30) days or more, or when a re- determination of the persons entitled to receive notice of the adjourned meeting is required by law, notice of the adjourned meeting shall be given as for an original meeting. In all other cases, no notice of the adjournment or of the business to be transacted at the adjourned meeting need be given other than by announcement at the meeting at which such adjournment is taken. 3.6 Quorum. At any meeting of the Association members having at least twenty percent (20%) of the voting rights entitled to be cast at such meeting, present in person or by proxy, shall constitute a quorum, except when a larger quorum is required by the Declaration. When a quorum is once present to organize a meeting, it cannot be broken by the subsequent withdrawal of a member or members. If any meeting of members cannot be organized because of a lack of quorum, the members who are present, either in person or by proxy, may adjourn the meeting from time to time not less than forty-eight (48) hours or more than thirty (30) days from the time the original meeting was called until a quorum is present. The quorum for the adjourned meeting shall be reduced to ten percent (10%) of the voting rights entitled to be cast at the meeting, present in person or by proxy. 3.7 Voting Rights. Voting rights within the Association shall be allocated as follows: (a) Residential Lots. Each Lot shall be entitled to one vote, except as provided in Section 3.7(b). (b) Classes of Voting Membership. The Association shall have two classes of voting membership: Class A. Class A members shall be all Owners with the exception of the Declarant and shall be entitled to voting rights for each Lot owned computed in accordance with Section (a) above. 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 voting rights be cast with respect to any Lot than as set forth in Section (a) above. Class B. The Class B member shall be Declarant and shall be entitled to three (3) times the voting rights computed under Section (a) for each Lot owned by Declarant. 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 (i) When all of the Lots in BROWNSTONE at THE SQUARE have been sold and conveyed to Owners other than a successor Declarant or a builder for development; or (ii) At such earlier time as Declarant may elect in writing to terminate Class B membership. Mom. Bylaws, 041509 3 (c) Fractional Voting. When more than one (1) person or entity owns a Lot, the vote for such Lot may be cast as they shall determine, but in no event will fractional voting be allowed. Fractional or split votes shall be disregarded, except for purposes of determining a quorum. The total number of votes as of the Termination Date and thereafter shall be equal to the total number of Lots. 3.8 Fiduciaries and Joint Owners. An executor, administrator, guardian or trustee may vote, in person or by proxy, at any meeting of the Association with respect to any Lot owned or held in such capacity, whether or not the same shall have been transferred to his or her name; provided that such person shall satisfy the Secretary that he or she is the executor, administrator, guardian or trustee, holding such Lot in such capacity. Whenever a Lot is owned by two or more persons jointly, according to the records of the Association, the vote or proxy of such Lot may be exercised by any one of the Owners then present, in the absence of protest by a co- Owner. In the event of disagreement among the co- Owners, the vote of such Lot shall be disregarded completely in determining the proportion of votes given with respect to such matter, unless a valid court order establishes the authority of a co -Owner to vote. 3.9 Tenants and Contract Vendors. Unless otherwise expressly stated in the rental agreement or lease, the Owner shall exercise all voting rights allocated to a Lot. Unless otherwise stated in the contract, all voting rights allocated to a Lot shall be exercised by the vendee of any recorded land sale contract on the Lot. 3.10 Absentee Ballots and Proxies. A vote may be cast in person, by absentee ballot or by proxy. A proxy given by an Owner to any person who represents such Owner at meetings of the Association shall be in writing and signed by such Owner, and shall be filed with the secretary, at any time prior to or at the start of the meeting. An Owner may not revoke a proxy given pursuant to this Section except by actual notice of revocation to the person presiding over a meeting or to the Board of Directors if a vote is being conducted by written ballot in lieu of a meeting. A proxy shall not be valid if it is undated or purports to be revocable without notice. A proxy shall terminate one year after its date unless the proxy specifies a shorter term. Every proxy shall automatically cease upon sale of the Lot by its Owner. An Owner may pledge or assign such Owner's voting rights to a mortgagee. In such a case, the mortgagee or its designated representative shall be entitled to receive all notices to which the Owner is entitled under these Bylaws and to exercise the Owner's voting rights from and after the time that the mortgagee shall give written notice of such pledge or assignment to the Board of Directors. Any first mortgagee may designate a representative to attend all or any meetings of the Association. 3.11 Majority Vote. The vote of a majority of the voting rights entitled to be cast by the members present or represented by absentee ballot or proxy, at a meeting at which a quorum is present, shall be necessary for the adoption of any matter voted upon by the members, unless a greater proportion is required by law, by the Declaration, by the Articles of Incorporation, or by these Bylaws. Montage, Bylaws, 041509 4 3.12 Rules of Order. Unless other rules of order are adopted by resolution of the Association or the Board of Directors, all meetings of the Association shall be conducted according to the latest edition of Robert's Rules of Order, published by Robert's Rules Association. 3.13 Ballot Meetings. (a) At the discretion of the Board of Directors, any action that may be taken at any annual, regular or special meeting of the Association may be taken without a meeting if the Association delivers a written ballot to every member who is entitled to vote on the matter; provided, however, that a ballot meeting may not substitute for the Turnover Meeting or, if a majority of the Lots are the principal residences of the occupants, for the annual meetings of the Association. The written ballot shall set forth each proposed action and provide an opportunity to vote for or against each proposed action. (b) The Board of Directors shall provide Owners with at least ten (10) days' notice before written ballots are mailed or otherwise delivered. If, at least three (3) days before written ballots are scheduled to be mailed or otherwise distributed, at least ten percent (10%) of the Owners petition the Board of Directors requesting secrecy procedures, a written ballot must be accompanied by a secrecy envelope, a return identification envelope to be signed by the Owner, and instructions for marking and returning the ballot. The notice shall state the general subject matter of the vote, the right of the Owners to request secrecy procedures, the date after which ballots may be distributed, the date and time by which any petition must be received by the Board requesting secrecy procedures and the address where any petition must be received. Notwithstanding the applicable provisions of paragraph (c) of this section, written ballots that are returned in secrecy envelopes may not be examined or counted before the deadline for returning ballots has passed. (c) If approval of a proposed action would otherwise require a meeting at which a certain quorum must be present and at which a certain percentage of total votes cast is required to authorize the action, the proposal will be deemed to be approved when the date for return of ballots has passed, a quorum of Lot Owners has voted, and the required percentage of approving votes has been received. Otherwise, the proposal shall be deemed to be rejected. If approval of a proposed action otherwise would require a meeting at which a specified percentage of Lot Owners must authorize the action, the proposal shall be deemed to be approved when the percentage of total votes cast in favor of the proposal equals or exceeds such required percentage. The proposal shall be deemed to be rejected when the number of votes cast in opposition renders approval impossible or when both the date for return of ballots has passed and such required percentage has not been met. Except as otherwise provided in paragraph (b) of this section, votes may be counted from time to time before the final return date to determine whether the proposal has passed or failed by the votes already cast on the date they are entered. Montage, Bylaws, 041509 5 (d) All solicitations for votes by written ballot shall state the number of responses needed to meet any applicable quorum requirement and the total percentage of votes needed for approval. All such solicitations for votes shall specify the period during which the Association will accept written ballots for counting, which period shall end on the earliest of (i) the date on which the Association has received a sufficient number of approving ballots to pass the proposal, (ii) the date on which the Association has received a sufficient number of disapproving ballots to render the proposal impossible of passage, or (iii) a date certain by which all ballots must be returned to be counted. A written ballot may not be revoked. ARTICLE 4. BOARD OF DIRECTORS & MEETINGS 4.1 Number and Qualification. The affairs of the Association shall be governed by a Board of Directors of three (3) persons. All directors, other than interim directors appointed by Declarant, shall be Owners or co- Owners of Lots. For purposes of this section, the officers of any corporate Owner, the members of any limited liability company and the partners of any partnership shall be considered co- Owners of any Lots owned by such corporation or partnership. 4.2 Interim Directors. Upon the recording of the Declaration, Declarant shall an interim board of one (1) to three (3) directors, who shall serve until replaced by Declarant or until their successors have been replaced by the Owners as provided below. 4.3 Transitional Advisory Committee. Unless the Turnover Meeting has already been held, Declarant shall call a meeting of the Owners for the purpose of forming a Transitional Advisory Committee. The meeting shall be called within sixty (60) days after the date Declarant conveys fifty percent (50 %) or more of the Lots then existing in BROWNSTONE at THE SQUARE to Owners other than a successor Declarant. The committee shall consist of two (2) or more Owners elected by the Owners other than Declarant and not more than one (1) representative of Declarant. The members shall serve until the Turnover Meeting. The Transitional Advisory Committee shall be advisory only, and its purpose shall be to enable ease of transition from administrative control of the Association by Declarant to control by the Owners. The committee shall have access to any information, documents and records that Declarant must turn over to the Owners at the time of the Turnover Meeting. If Declarant fails to call the meeting to elect a Transitional Advisory Committee within the time specified, the meeting may be called and notice given by any Owner. If the Owners fail to elect a Transitional Advisory Committee at the meeting called for such purpose, Declarant shall have no further obligation to form the committee. Mme, Bylaws, 041509 6 4.4 Election and Tenure of Office. (a) At the Turnover Meeting, the interim directors shall resign and the members shall elect three (3) directors, two (2) to serve for two (2) years and one (1) to serve for one (1) year. The two nominees receiving the greatest number of votes shall serve for two (2) years. In the event of a tie, term selection shall be by random means. Thereafter the successors to each director shall serve for terms of two (2) years each. (b) All directors shall hold office until their respective successors shall have been elected by the members. Election shall be by plurality. 4.5 Vacancies. (a) A vacancy in the Board of Directors shall exist upon the death, resignation or removal of any director, or if the authorized number of directors is increased, or if the members fail at any annual or special meeting of members at which any director or directors are to be elected to elect the full authorized number of directors to be voted for at that meeting. Vacancies in interim directors shall be filled by Declarant. (b) Vacancies in the Board of Directors, other than interim directors, may be filled by a majority of the remaining directors even though less than a quorum, or by a sole remaining director. Each director so elected shall hold office for the balance of the unexpired term and until his or her successor is elected. 4.6 Removal of Directors. All or any number of the directors, other than interim directors, may be removed, with or without cause, at any meeting of members at which a quorum is present, by a vote of a majority of the number of votes entitled to be cast at an election of directors. No removal of a director shall be effective unless the matter of removal was an item on the agenda and stated in the notice of the meeting as provided in these Bylaws. 4.7 Powers. The Board of Directors shall have all the powers and duties necessary for the administration of the affairs of the Association, except such powers and duties as by law, or by the Declaration, or by these Bylaws may not be delegated to the Board of Directors by the Owners. The Board of Directors may delegate responsibilities to committees or a managing agent, but shall retain ultimate control and supervision. The powers and duties to be exercised by the Board of Directors shall include any provisions in the Declaration, the Oregon Planned Community Act, the Oregon Non -Profit Corporation Act, and the following: (a) Carry out the program for maintenance, upkeep, repair, and replacement of any property required to be maintained by the Association, and without limitation, implementation of the Maintenance Plan and inspections as required by the Declaration as described in the Declaration and these Bylaws. Montage, Bylaws, 041509 7 (b) Determine the amounts required for operation, maintenance and other affairs of the Association, and the making of such expenditures. (c) Prepare a budget for the Association, and assessment and collection of the Assessments. (d) Employ and dismiss such personnel as may be necessary for such maintenance, upkeep and repair. (e) Employ legal, accounting or other personnel for reasonable compensation to perform such services as may be required for the proper administration of the Association; provided, however, the Board may not incur or commit the Association to incur legal fees in excess of $5,000 for any specific litigation or claim matter unless the Owners have enacted a resolution authorizing the incurring of such fees by a vote of seventy -five percent (75 %) of the voting rights present in person or by absentee ballot or proxy at a meeting at which a quorum is constituted. This limitation shall not be applicable to legal fees incurred in defending the Association or the Board of Directors from claims or litigation brought against them. The limitation set forth in this paragraph shall increase by $500 on each fifth anniversary of the recording of the Declaration. To the extent required by the Oregon Planned Community Act, the Board shall notify the Owners before instituting litigation or administrative proceedings. With regard to any pending litigation involving the Association, the Board shall periodically report to the Lot Owners as to the status (including settlement offers), progress, and method of funding such litigation. Nothing in this paragraph shall be construed as requiring the Board to disclose any privileged communication between the Association and its counsel. (f) Open bank accounts on behalf of the Association and designating the signatories required. (g) Prepare and file, or cause to be prepared and filed, any required income tax returns or forms for the Association. (h) Purchase Lots at foreclosure or other judicial sales in the name of the Association or its designee. (i) Sell, lease, mortgage, vote the votes appurtenant to (other than for the election of directors), or otherwise deal with Lots acquired by the Association or its designee. (j) Obtain insurance or bonds pursuant to the provisions of these Bylaws, and review such insurance coverage at least annually. Mandate Bylaws. 041509 8 (k) Make additions and improvements to, or alterations of, the Common Areas, or modify, close, remove, eliminate or discontinue use of any common facility, including any improvement or landscaping, except that any such modification, closure, removal, elimination or discontinuance (other than on a temporary basis) of any swimming pool, spa or recreational or community building must be approved by a majority vote of the members at a meeting or by written ballot held or conducted in accordance with these Bylaws. (1) From time to time adopt, modify, or revoke such rules and regulations governing the details for the operation of the Association, the conduct of persons and the operation and use of the Lots and Common Areas as the Board of Directors may deem necessary or appropriate to ensure the peaceful and orderly use and enjoyment of the Property. Such action may be overruled or modified by vote of not less than seventy -five percent (75 %) of the voting rights of each class of members present, in person or by proxy, at any meeting, the notice of which shall have stated that such modification or revocation of rules and regulations will be under consideration. (m) Enforce by legal means the provisions of the Declaration, these Bylaws, Oregon statutes, and any rules and regulations adopted hereunder. (n) In the name of the Association, maintain a current mailing address of the Association, file annual reports with the Oregon Secretary of State, and maintain and keep current the information required to enable the Association to comply with ORS 94.670(7). (o) Enter into management agreements with professional management firms and delegate such business and record keeping functions as may be appropriate to said management firm. 4.8 Meetings. (a) Meetings of the Board of Directors shall be held at such place as may be designated from time to time by the Board of Directors or other persons calling the meeting. (b) Annual meetings of the Board of Directors shall be held within thirty (30) days following the adjournment of the annual meetings of the members. (c) Special meetings of the Board of Directors for any purpose or purposes may be called at any time by the President or by any two directors. (d) Unless other rules of order are adopted by resolution of the Association or the Board of Directors, all meetings of the Board of Directors shall be conducted according to the latest edition of Robert's Rules of Order, published by Robert's Rules Association. Montage, %ylaws, 041509 9 4.9 Open Meetings. (a) All meetings of the Board of Directors shall be open to Owners except that, in the discretion of the Board, the following matters may be considered in executive session: (i) consultation with legal counsel concerning the rights and duties of the Association regarding existing or potential litigation, or criminal matters; (ii) personnel matters, including salary negotiations and employee discipline; (iii) negotiation of contracts with third parties; and (iv) collection of unpaid assessments. Except in the case of an emergency, the Board of Directors shall vote in an open meeting whether to meet in executive session. If the Board of Directors votes to meet in executive session, the presiding officer shall state the general nature of the action to be considered, as precisely as possible, when and under what circumstances the deliberations can be disclosed to Owners. The statement, motion or decision to meet in the executive session shall be included in the minutes of the meeting, and any contract or action considered in executive session shall not become effective unless the Board, following the executive session, reconvenes in open meeting and votes on the contract or action, which shall be reasonably identified in the open meeting and included in the minutes. (b) Meetings of the Board of Directors may be conducted by telephonic communication or by other means of communication that allows all members of the Board participating to hear each other simultaneously or otherwise to be able to communicate during the meeting, except that if a majority of the Lots are principal residences of the occupants, then: (i) for other than emergency meetings, notice of each Board of Directors' meeting shall be posted at a place or places on the property at least three (3) days prior to the meeting, or notice shall be provided by a method otherwise reasonably calculated to inform the Owners of such meeting; and (ii) only emergency meetings of the Board of Directors may be conducted by telephonic communication or such other means. The meeting and notice requirements of this Section may not be circumvented by chance or social meetings or by any other means. 4.10 Notice of Meetings. (a) For other than emergency meetings, notice of Board of Directors meetings shall be posted at a place or places on the property at least three (3) days prior to the meeting, or notice shall be provided by a method otherwise reasonably calculated to inform Lot Owners of such meetings. Notice to Directors shall be considered sufficient if actually received at the required time, or if mailed, e - mailed or faxed not less than three (3) days before the meeting. Such notice shall be directed to the address shown on the Association's records, or to the director's actual address ascertained by the person giving the notice. Such notice need not be given for an adjourned meeting if such time and place is fixed at the meeting adjourned. (b) Attendance of a director at a meeting shall constitute a waiver of notice of such meeting except when a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Mamlage. Bylaws, 041509 10 4.11 Quorum and Vote. (a) A majority of the directors shall constitute a quorum for the transaction of business. A minority of the directors, in the absence of a quorum, may adjourn from time to time, but may not transact any business. (b) The action of a majority of the directors present at any meeting at which there is a quorum shall be the act of the Board of Directors unless a greater number is required by law, the Declaration, the Articles of Incorporation or these Bylaws. (c) A director must be present at a meeting of the Board of Directors to cast a vote. No proxy votes by directors for Board actions are permissible. 4.12 Liability and Indemnification. Neither a member of the Board of Directors nor an officer of the Association shall be liable to the Association, any Owner or any third party for any damage, loss or prejudice suffered or claimed on account of any action or failure to act in the performance of his or her duties so long as the individual acted in good faith, believed that the conduct was in the best interests of the Association, or at least was not opposed to its best interests, and in the case of criminal proceedings, had no reason to believe the conduct was unlawful. In the event any member of the Board of Directors or any officer of the Association is made a party to any proceeding because the individual is or was a director or officer of the Association, the Association shall defend such individual against such claims and indemnify such individual against liability and expenses incurred to the maximum extent permitted by law. The managing agent of the Association, and its officers and employees, shall not be liable to the Association, the Owners or any third party on account of any action or failure to act in the performance of its duties as managing agent, except for acts of gross negligence or intentional acts, and the Association shall indemnify the managing agent and its officers and employees from any such claims, other than for gross negligence or intentional misconduct. 4.13 Compensation. No director shall receive any compensation from the Association for acting as such. 4.14 Executive. Covenants and Other Committees. (a) Subject to law, the provisions of the Declaration and these Bylaws, the Board of Directors, may appoint an Executive Committee, a Covenants Committee to be responsible for covenant enforcement as provided in Section 0 below and such other standing or temporary committees as may be necessary from time to time consisting of Owners and at least one member of the Board of Directors and having such powers as the Board of Directors may designate. (b) Such committees shall hold office at the pleasure of the Board. Mme, Bylaws. 041509 11 4.15 Enforcement Procedures. The Association shall have the power, as provided in the Declaration, to impose sanctions for any violation of the Declaration, these Bylaws or the Rules and Regulations. To the extent specifically required by the Declaration, the Board of Directors shall comply with the following procedures prior to the imposition of sanctions: (a) Notice. The Board of Directors or its delegate shall serve the alleged violator with written notice describing (i) the nature of the alleged violation, (ii) the proposed sanction to be imposed, (iii) a statement that the alleged violator shall have fourteen (14) days to present a written request for a hearing before the Board of Directors or a covenants committee appointed by the Board of Directors, if any; and (iv) a statement that the proposed sanction may be imposed as contained in the notice unless a hearing is requested within fourteen (14) days of the notice. (b) Response. The alleged violator shall respond to the notice of the alleged violation in writing within such fourteen (14) day period, regardless of whether the alleged violator is challenging the imposition of the proposed sanction. If the alleged violator cures the alleged violation and notifies the Board of Directors in writing within such fourteen (14) day period the Board of Directors may, but shall not be obligated to, waive the sanction. Such waiver shall not constitute a waiver of the right to sanction future violations of the same or other provisions by any person. If a timely request for a hearing is not made, the sanction stated in the notice shall be imposed; provided, however, that the Board of Directors or covenants committee may, but shall not be obligated to, suspend any proposed sanction if the violation is cured within the fourteen (14) day period. Any response or request for a hearing shall be delivered to the Association's manager, President or Secretary, or as otherwise specified in the notice of violation. (c) Proof of Notice. Prior to the effectiveness of sanctions imposed pursuant to this section, proof of proper notice shall be placed in the minutes of the Board of Directors or covenants committee, as applicable. Such proof shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of delivery, is entered by the officer, director, or agent who delivered such notice. The notice requirement shall be deemed satisfied if the alleged violator or its representative requests and appears at the hearing. (d) Hearing. If a hearing is requested within the allotted fourteen (14) day period, the hearing shall be held before the Board of Directors or the covenants committee, as applicable. The alleged violator shall be afforded a reasonable opportunity to be heard. The minutes of the meeting shall contain a written statement of the results of the hearing (i.e., the decision) and the sanction, if any, to be imposed. (e) Appeal. Following a hearing before the covenants committee, if applicable, the violator shall have the right to appeal the decision to the Board of Directors. To exercise this right, the violator must deliver a written notice of appeal to the Association's manager, President or Secretary within ten (10) days after the hearing date. Montage, Bylaws, 041509 12 (f) Enforcement Policies. The Board of Directors, by resolution, may adopt additional policies and procedures governing enforcement of the Declaration, these Bylaws or the Rules and Regulations. ARTICLE 5. OFFICERS 5.1 Designation and Qualification. The officers of the Association shall be the President, the Secretary, and the Treasurer, as the Board of Directors shall from time to time appoint. Each officer shall be a member of the Board of Directors. The offices of Treasurer and Secretary may be held by the same person. 5.2 Election and Vacancies. The officers of the Association shall be elected annually by the Board of Directors at the organization meeting of each new Board to serve for one (1) year and until their respective successors are elected. If any office shall become vacant by reason of death, resignation, removal, disqualification or any other cause, the Board of Directors shall elect a successor to fill the unexpired term at any meeting of the Board of Directors. 5.3 Removal and Resignation. (a) Any officer may be removed upon the affirmative vote of a majority of the directors whenever, in their judgment, the best interests of the Association will be served thereby. The removal of an officer shall be without prejudice to the contract rights, if any, of the officer so removed. (b) Any officer may resign at any time by giving written notice to the Board of Directors, the President or the Secretary of the Association. Any such resignation shall take effect upon receipt of such notice or at any later time specified therein. Unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective, provided, however, that the Board of Directors may reject any postdated resignation by notice in writing to the resigning officer. The effectiveness of such resignation shall not prejudice the contract rights, if any, of the Association against the officer so resigning. 5.4 President. The President shall be the chief executive officer of the Association and shall, subject to the control of the Board of Directors, have powers of general supervision, direction and control of the business and affairs of the Association. He or she shall preside at all meetings of the members and of the Board of Directors. He or she shall be an ex officio member of all the standing committees, including the executive committee, if any, shall have the general powers and duties of management usually vested in the office of president of a nonprofit corporation, and shall have such other powers and duties as may be prescribed by the Board of Directors or these Bylaws. Mme. Bylaws, 041509 13 5.5 Secretary. (a) The Secretary shall keep or cause to be kept a book of minutes of all meetings of directors and members showing the time and place of the meeting, whether it was regular or special, and if special, how authorized, the notice given, the names of those present at directors' meetings, the number of memberships present or represented at members' meetings and the proceedings thereof. (b) The Secretary shall give or cause to be given such notice of the meetings of the members and of the Board of Directors as is required by these Bylaws or by law. The Secretary shall keep the seal of the Association, if any, and affix it to all documents requiring a seal, and shall have such other powers and perform such other duties as may be prescribed by the Board of Directors or these Bylaws. (c) In the absence or disability of the President, the President's duties and powers shall be performed and exercised by the Secretary. 5.6 Treasurer. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of the properties and business transactions of the Association, including accounts of its assets, liabilities, receipts and disbursements. The books of accounts shall at all reasonable times be open to inspection by any director. The Treasurer shall deposit or cause to be deposited all moneys and other valuables in the name and to the credit of the Association with such depositories as may be designated by the Board. The Treasurer shall disburse or cause to be disbursed the funds of the Association as may be ordered by the Board, shall render to the President and directors, whenever they request it, an account of all of the Treasurer's transactions as Treasurer and of the financial condition of the Association, and shall have such other powers and perform such other duties as may be prescribed by the Board or these Bylaws. 5.7 Compensation of Officers. No officer who is a member of the Board of Directors shall receive any compensation from the Association for acting as an officer, unless such compensation is authorized by a resolution duly adopted by the members. The Board of Directors may fix any compensation to be paid to other officers. ARTICLE 6. ASSESSMENTS. RECORDS AND REPORTS 6.1 Assessments. As provided in the Declaration, the Association, through its Board of Directors, shall do the following: (a) Assess and collect from every Owner Assessments in the manner described in the Declaration. Monmage, Bylaws, 041509 14 (b) Keep all funds received by the Association as Assessments, other than reserves described in the Declaration, in the Operations Fund and keep all reserves collected pursuant to the Declaration in the Reserve Fund and use such funds only for the purposes described in the Declaration. (c) From time to time, and at least annually, prepare a budget for the Association, estimating the common expenses expected to be incurred with adequate allowance for reserves based upon the reserve study required by the Declaration, and determine whether the Annual Assessment should be increased or decreased. Within thirty (30) days after adopting a proposed annual budget, the Board of Directors shall provide a summary of the budget to all Owners. If the Board of Directors fails to adopt a budget, the last adopted annual budget shall continue in effect. (d) Fix the amount of the Annual Assessment against each Lot at least thirty (30) days in advance of each Annual Assessment period. Written notice of any Assessment shall be sent to every Owner subject thereto and to any first mortgagee requesting such notice. The due dates shall be established by the Board of Directors, which may fix a regular flat Assessment payable on a monthly, quarterly, semiannual or annual basis. The Board of Directors shall cause to be prepared a roster of the Lots showing Assessments applicable to each Lot. The roster shall be kept in the Association office and shall be subject to inspection by any Owner or mortgagee during regular business hours. Within ten (10) business days after receiving a written request, and for a reasonable charge, the Association shall furnish to any Owner or mortgagee a recordable certificate setting forth the unpaid Assessments against such Owner's Lot Such certificate shall be binding upon the Association, the Board of Directors, and every Owner as to the amounts of unpaid Assessments. (e) Enforce the Assessments in the manner provided in the Declaration. (f) Keep records of the receipts and expenditures affecting the Operations Fund and Reserve Fund and make the same available for examination by members and their mortgagees at convenient hours, maintain an Assessment roll showing the amount of each Assessment against each Owner, the amounts paid upon the account and the balance due on the Assessments, give each member written notice of each Assessment at least 30 days before the time when such Assessments shall become due and payable; and for a reasonable charge, promptly provide any Owner or mortgagee who makes a request in writing with a written certificate of such Owner's unpaid Assessments. 6.2 Records. The Association shall keep within the State of Oregon correct and complete financial records sufficiently detailed for proper accounting purposes, keep minutes of the proceedings of its members, Board of Directors and committees having any of the authority of the Board of Directors, and retain all documents, information and records turned over to the Association by Declarant. All documents, information and records delivered to the Association by Declarant pursuant to ORS 94.616 and other records of the Association shall be kept within the State of Oregon for the time periods specified in ORS 94.670. Mme. Bylaws. 041509 15 6.3 Statement of Assessments Due. The Association shall provide, within ten (10) business days after receipt of a written request from an Owner or mortgagee, a written statement that provides: (a) the amount of assessments due from the Owner and unpaid at the time the request was received, including regular and special assessments, fines and other charges, accrued interest, and late- payment charges; (b) the percentage rate at which interest accrues on assessments that are not paid when due; and (c) the percentage rate used to calculate the charges for late payment or the amount of a fixed -rate charge for late payment. The Association is not required to comply with this section if the Association has commenced litigation by filing a complaint against the Owner and the litigation is pending when the statement would otherwise be due. 6.4 Inspection of Books and Records. Except as otherwise provided in ORS 94.670(5), during normal business hours or under other reasonable circumstances, the Association shall make reasonably available for examination and, upon written request, available for duplication, by Owners, lenders, and holders of any mortgage of a Lot that make the request in good faith for a proper purpose, current copies of the Declaration, Articles, Bylaws, Rules and Regulations, amendments or supplements to such documents and the books, records, financial statements and current operating budget of the Association. The Association shall maintain a copy, suitable for purposes of duplication, of each of the following: (a) the Declaration, these Bylaws, the Rules and Regulations and any amendments or supplements to them, (b) the most recent financial statement of the Association, and (c) the current operating budget of the Association. The Association, within ten (10) business days after receipt of a written request by an Owner, shall furnish copies of such documents to the requesting Owner. Upon written request, the Association shall make such documents, information and records available to such persons for duplication during reasonable hours. The Board of Directors, by resolution, may adopt reasonable rules governing the frequency, time, location, notice and manner of examination and duplication of Association records and the imposition of a reasonable fee for furnishing copies of such documents, information or records. The fee may include reasonable personnel costs for furnishing the documents, information or records. 6.5 Payment of Vouchers. The Treasurer or managing agent shall pay all vouchers for all budgeted items and for any non - budgeted items, up to $1,000 signed by the President, managing agent, manager or other person authorized by the Board of Directors. Any voucher for non - budgeted items in excess of $1,000 shall require the authorization of the President or a resolution of the Board of Directors. 6.6 Execution of Documents. The Board of Directors may, except as otherwise provided in the Declaration, Articles of Incorporation, or these Bylaws, authorize any officer or agent to enter into any contract or execute any instrument in the name of and on behalf of the Association. Such authority may be general or confined to specific instances. Unless so authorized by the Board of Directors, no officer, agent, or employee shall have any power or authority to bind the Association by any contract or engagement, to pledge its credit, or to render it liable for any purpose or for any amount. Montage, Bylaws, 041509 16 6.7 Reports and Audits. An annual financial statement consisting of a balance sheet and an income and expense statement for the preceding year shall be rendered by the Board of Directors to all Owners and to all mortgagees who have requested the same within ninety (90) days after the end of each fiscal year. Commencing with the fiscal year following the Turnover Meeting, if the Annual Assessments exceed $75,000 for the year, then the Board of Directors shall cause such financial statements to be reviewed within 180 days after the end of the fiscal year by an independent certified public accountant licensed in Oregon in accordance with the Statements on Standards for Accounting and Review Services issued by the American Institute of Certified Public Accountants, or if the Annual Assessments are $75,000 or less, shall cause such review within 180 days after receipt of a petition requesting such review signed by at least a majority of owners. The Board of Directors need not cause such a review to be performed if so directed by an affirmative vote of at least sixty percent (60%) of the Owners, not including votes of Declarant with respect to Lots owned by Declarant. From time to time, the Board of Directors, at the expense of the Association, may obtain an audit of the books and records pertaining to the Association and furnish copies thereof to the members. At any time any Owner or holder of a mortgage may, at their own expense, cause an audit or inspection to be made of the books and records of the Association. 6.8 Insurance. The Association shall comply with the following provisions: (a) Types of Insurance. For the benefit of the Association and the Owners, the Board of Directors shall obtain, maintain at all times, and pay for out of the Operations Fund, the types of insurance described in the following sections of this Section 6.8. Such policies shall be issued by reputable insurance companies, authorized to do business in the State of Oregon. Such policies shall provide that the coverage there under cannot be canceled or substantially modified without at least 10 days written notice to the Association. The named insured on the policy shall read Brownstone at The Square Owners Association. (b) Liability Insurance. The Association shall maintain comprehensive general liability insurance coverage insuring the Declarant, the Association, the Board of Directors, and the managing agent, against liability to the public or to Owners and their invitees or tenants, incident to the operation, maintenance, ownership or use of the Common Areas, including legal liability arising out of lawsuits related to employment contracts of the Association. There may be excluded from such policy or policies coverage of an Owner (other than as a member of the Association or Board of Directors) for liability arising out of acts or omissions of such Owner and liability incident to the ownership and/or use of the part of the Property as to which such Owner has the exclusive use or occupancy: (i) Limits of liability under such insurance shall not be less than One Million Dollars ($1,000,000) on a combined single -limit basis; and (ii) Such policy or policies shall be issued on a comprehensive liability basis and shall provide a cross- liability endorsement wherein the rights of named insureds under the policy or policies shall not be prejudiced as respects his, her or their action against another named insured. Bylaws, 041509 17 (c) Property Damage Insurance. The Association shall obtain, and maintain in effect, fire and extended coverage casualty insurance (including coverage for damage resulting from vandalism and malicious mischief) with respect to the Common Areas (including any insurable improvements in the Common Areas) in an amount equal to 100% of the replacement cost thereof. (i) The casualty coverage may be obtained on a "blanket" basis. (ii) If the Board determines they are reasonably available, the casualty insurance shall include a waiver of subrogation by the insurer as to any claims against the Board, any Owner, or any guest of an Owner; a waiver by the insurer of its right to repair and reconstruct instead of paying cash; a provision that no policy may be canceled, invalidated, or suspended because of the action of an Owner; a provision that no policy may be canceled, invalidated, or suspended because of the conduct of any director, officer, or employee of the Association unless the insurer gives the Association a prior written demand that the Association correct the defect and allows the Association a reasonable time to make the correction; and a provision that any "other insurance" clause in any policy shall exclude from its coverage all owners' policies. (d) Workers' Compensation Insurance. The Association shall maintain workers' compensation insurance to the extent necessary to comply with any applicable laws. (e) Fidelity Insurance. The Board of Directors shall cause the Association to maintain blanket fidelity insurance for all officers, directors, trustees, management agent, and employees of the Association and all other persons handling or responsible for funds of, or administered by, the Association. In the event that the Association has retained a management agent, the Board of Directors may require such agent to maintain fidelity bonds for its officers, employees and agents handling or responsible for funds of, or administered on behalf of; the Association. The cost of such insurance, if any, shall be borne entirely by the Association. (i) The total amount of fidelity insurance coverage required shall be based upon the best business judgment of the Board of Directors. (ii) Such fidelity insurance shall name the Association as obligee and shall contain waivers by the insurance issuers of all defenses based upon the exclusion of persons serving without compensation from the definition of "employees" or similar terms or expressions. The insurance shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days' prior written notice to the Association. (f) Insurance by Lot Owners. The insurance described in this Section 6.8 does not provide personal liability coverage for the Owners, nor fire or extended coverage casualty insurance for the Owners' personal property, the inside surfaces of Building Structures, or other improvements including, but not limited to, appliances, heaters and air conditioners, Montage, Bylaws. 041509 18 cabinets, flooring, wall and window coverings, light fixtures and personal property nor the Lot or land on which the Building Structures reside. Further, no insurance coverage for fire or extended coverage casualty insurance of the Building Structures is provided by the Association, except as described in Section 6.8(g) below. The responsibility for obtaining insurance that covers at least these items rests solely with the individual Owners, except as noted herein. (g) Insurance by Association for Attached Townhomes. The Association shall obtain, and maintain in effect, fire and extended coverage casualty insurance (including coverage for damage resulting from vandalism and malicious mischief) with respect to each attached Townhome Building Structure including electrical and plumbing installations in the exterior walls, and the Common Areas (including any insurable improvements in the Common Areas) in an amount equal to 100% of the replacement cost thereof. The casualty coverage may be obtained on a "blanket" basis. All other Owners are solely responsible for obtaining fire and casualty insurance coverage for their Building Structures. The Association may obtain such other and further policies of insurance, as it deems advisable. (h) Planned Community Act Requirements. The insurance maintained by the Association shall comply with the requirements of the Oregon Planned Community Act, ORS 94.550 to 94.780. ARTICLE 7. GENERAL PROVISIONS 7.1 Seal. The Board of Directors may, by resolution, adopt a corporate seal. 7.2 Notice. All notices to the Association or to the Board of Directors shall be sent care of the managing agent or, if there is no managing agent, to the principal office of the Association or to such other address as the Board of Directors may hereafter designate from time to time. All notices to members shall be sent to the member's Home or to such other address as may have been designated by the member from time to time in writing to the Board of Directors. 7.3 Waiver of Notice. Whenever any notice to any member or director is required by law, the Declaration, the Articles of Incorporation, or these Bylaws, a waiver of notice in writing signed at any time by the person entitled to notice shall be equivalent to the giving of the notice. 7.4 Action Without Meeting. Any action that the law, the Declaration, the Articles of Incorporation or the Bylaws require or permit the members or directors to take at any meeting may be taken without a meeting or ballot meeting if a consent in writing setting forth the action so taken is signed by all of the members or directors entitled to vote on the matter. The consent, which shall have the same effect as a unanimous vote of the members or directors, shall be filed in the records of minutes of the Association. Mme. Bylaws. 041509 19 7.5 Conflicts. These Bylaws are intended to comply with the Oregon Planned Community Act, the Oregon Nonprofit Corporation Law, the Declaration and the Articles of Incorporation. In case of any ineconcilable conflict, such statutes and documents shall control over these Bylaws. ARTICLE 8. AMENDMENTS TO BYLAWS 8.1 How Proposed. Amendments to these Bylaws shall be proposed by either a majority of the Board of Directors or by members holding at least thirty percent (30%) of the voting rights entitled to be cast for such amendment. The proposed amendment must be reduced to writing and shall be included in the notice of any meeting at which action is to be taken thereon or be attached to any request for consent to the amendment. 8.2 Adoption. (a) A resolution adopting a proposed amendment may be proposed by either the Board of Directors or by the members and may be approved by the membership at a meeting called for such purpose, by a ballot meeting pursuant to Section 3.13 above, or by written consent of the members. Members not present at the meeting considering such amendment may express their approval in writing or by proxy. Any resolution must be approved by members holding a majority (at least 50%) of the voting rights, together with the written consent of the Class B member, if any. Amendment or repeal of any provision of these Bylaws that is also contained in the Declaration must be approved by the same voting requirement for amendment of such provision of the Declaration. (b) Notwithstanding the provisions of the preceding paragraph, until the Turnover Meeting has occurred, Declarant shall have the right to amend these Bylaws in order to comply with the requirements of the Federal Housing Administration, the United States Department of Veterans Affairs, the Farmers Home Administration of the United States, the Federal National Mortgage Association, the Government National Mortgage Association, the Federal Home Mortgage Loan Corporation, any department, bureau, board, commission or agency of the United States or the State of Oregon, or any corporation wholly owned, directly or indirectly, by the United States or the State of Oregon that insures, guarantees or provides financing for a planned community or lots in a planned community. After the Turnover Meeting, any such amendment shall require the approval of a majority of the voting rights of the Association, voting in person, by proxy, or by ballot, at a meeting or ballot meeting of the Association at which a quorum is represented. 8.3 Relationship to Declaration. If a provision required to be in the declaration under ORS 94.580 is included in these bylaws, the voting requirements for amending the declaration shall also govern the amendment of the provision in the bylaws. Montag Bylaws, 041509 20 8.4 Execution and Recording. An amendment shall not be effective until certified by the President and Secretary of the Association as being adopted in accordance with these Bylaws and ORS 94. 625, acknowledged and recorded in the Deed Records of Washington County, Oregon. BROWNSTONE AT THE SQUARE OWNERS ASSOCIATION: B Karl Walter Title: MEd= , t ri i-•t.,-r s,'S!, OFFICIAL SEAL. STATE OF OREGON ) ' _:vj; BILL MC CORKLE ..�' NOTARY PUBLIC. �r / // ) SS. COMMISSION NO. A405812 County Of l Ia e /` a .., R f ) My ()MMISS►0N EXPIRES JULY 6.2010 /t ti"/ it.ha /fir , the 1 J ; 0 4"d — of Brownstone at The Square Owners Association, acknowledged this instrument before me on 034 , / 14, . 2009, and he acknowledged to me that he executed the same freely and voluntarily. NOT Y PUBLIC FOR OREGON My Commission Expires: l , ..- a / o I Montage, Bylaws, 041509 21 FOUND MONUMENTS M ON TAGE RECORDED AS DOCUMENT NO. a'C04039, y7 IN PLS 144 3/83/ RL CAP (HELD) set PER SD 7mP, SNOW w PARTITION PLAT Na 1991 -we R[f1470ED (e) 5 3T -016/ 0500 -.9 HELLS ASSOC NC (007161 SET PER Pa1Rna PLAT Na A REPEAT OF PORTIONS OF LOTS 5 AND 8. 'CEDARBROOK FARM. r PR �� (t) 3/9' w 14/0 MOW ED `19 RILLS ASSOWe (14109). ID SET PER R 94 21781 LOCATED IN THE SOUTHEAST ONE-QUARTER OF SECTION 28. 9110041 SUR SET TOWNSHIP 1 SOUTH. RANGE 1 WEST. ( D ) s/°' N e/IC MOWED NO Taus ASSOC C mC ( PA ar, 94011 sN 737ee (oST C^iv 0 OF TH WILLAMETTE MERIDIAN. WASHINGTON COUNTY. 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YACAOAY. 5191E 101 5010000 O+E9 Sam 01 19¢119 SAID TRACTS S NAIL BE D' R 70' alas RID 0100 ORANGE PLASTK rile 1.509113 53117 °TS :009' UON: CONSTRUC 72 MAPPING LEAN ¢70 BY nci 0100 r0E 7 • SET 5 0000101 10010.510, ORLON 9757 so N. re IN YOMALNT D (503) 271-9IL35 mCTOEL R. CATES /000 9 70' 9100 ROD 9TTN ORANGE PLASTIC CO 'On PLS 209• NOTES (CONTINUED) rare .TOT 000 (0-s7D -001+) +0+ -09' T r7RiTwo 0175 EOTa 2.449 WI IN STREET �. TRACT Y• 0 9. 17001 Y R SIBi'T WVA7 ACCESS FJ+SLIRR VALID UNTIL 9 -70-09 .. SUBJECT TO PUBLIC PEDESTRIAN PUBIS V11111 EASOIEOTT OVER ITS TNETY. gACCESS 1RIICT 0100 DE NM • SET 5/r I JO' RCN Roo 0101 0010015 CAP nASa®n 'FAIT PL9 209' N 140403 T Ax ACC® EA,DRIIT OVER ITS OROEI7. 0(8 9 TRACTS SAD 0790 917E *T OWED AND YAWTAOED r THE 471wFTRR�. AID r9ITA0RO B1 T9E MOAND /IOTd:Ow005 As50 STREETBAnOK P.1 POINT C IN ERSECTIOII o< CIWYE 115E AND • S TRACT •B IS SUBJECT 70 A PRIOR ACCESS MONO * 5 0 900 1. LOTS 10. LOTS TRACI - 9RRG7 TO A 10 LOT AN ACCESS EASE ENT TOR 114E NONFARM' ASAM TRACT 9 MORE FEET 8-121 017 U A PUNIC 1V�ST� ITS 01'paT,. S �G50 AlliCI 10 A A 9E CANED A10 T TARE) BY TM 0075'. SAID AND B1C7CLE • 001 0* I A0p pp1®C11OM5 As SOO SCALE: 1� ZO ' MA T A SSE En 1 1R 01007000. COI TRACT SNAU BE . AND II. 11479 PUT 5 SUBJECT TO TS w 9101 700 yATNT0ITD r T7R �OIMA� ND770090 ASSD 6 OATIOI NOOK= r X07 p /V V/U R YA90ACTd L4RPIV cm Iv SIW T GRAPHIC SCALE i REOQ1 S.W. 2ND AVENUE 0. TRACT Y' A 0 SUBJECT 10 A ORNATE P � NT OVER 9 NONE ACCESS SID NAM ITUTT 1 7 -10. AT O TRACT T SHALL ATRUN EMMETT. E11. RAID IRAR SN E 09x01 AND 5007011® BT 117 7A 0 yi 15.00' Put NAM UlW7T MOW, 707(09!07! A9505ASOK S SR SEE STOOP sEI9R EASEMENT TO CUM u1ER SEANCES BKOWN6TOM6 [FIGSQUAR6 12 � j "1 18 NE SANITARY SEER EASEMENT 10 CLEAN WATER 9ERMCS K I � NE 9o5DALC 07100011 / / LOT 4 S.m ( a u>ERIE EASEN IR IT / ' CEOARBROOK FARM S 02T78'S1' W 201.88 1 1 T m / . [D) 7.s9r OMB (q FOND YOUETIT As NOTED w YpapAEr7 FETII7(1� TABLE yp f 1 • N 1 6 6 CURVE DATA TABLE _ d S.W. 92ND AVENUE RADUS 0FLTA (LRCM) KORN CHORD / ]00D� S 02 _ _ - - - _ - O: TAL • B • / Iim SIDE 90 ` )501• • 29171' 01 e' 2d • NOTES S 5 m S OCTAL 'A' I. TITS'IIBOVBOI S + SUBJECT TO o.00 FOOT SIDE PUPUBLIC YfieTT' SC 0(100 Y a01511070 RELIC AS snood. ID9snood. / C O 2. THS SIBDOSON B SIIRBCT TO NE E031713111075 1TO031713111075 LW * ON& P R C FILE N C / /t 01.91' I Tam T9.ox' ' +a 1 NO. 0E -214 -s A) / ' � 01OR _ _ ow TAT U lm E(RElFRRI7 501VTCS _ _ ID Ca TRACT •A• ByY . � fAms I R - i _ _12 - - -- _ - 18' 3. 1177E 904.1. BC x0 5 MOTOR NNW ACCESS w1NOTwED By 11¢ S +.979 Sr ., - 0R LOTS 5 AND 0 0110 5w. NAB BOOEV / I Y 0093099 1100Y NOM `+OTT a !AID row. / 010 L • , • S S OOTB'9' • 92 97 .O �� 02S99r • No r B = S.W. 98.70 AVENUE , Q / • a WIENTf�e 5 iC a g J 11 k 17 • au • $ ? Eu • g . I gILORT ........,.. sr I =T N v ! 1 .s.. 9 z n w ON _ 0 E `� / .p 9 020 091• • 91.19 .I • y, S =NW x 79.7 00 80 .' x/ ,�':. v �T . T 6 _ 9PETb91112 �`/1VJ' PT : 1 k WOTd 4 .. x :' r ry 1 0 te •, 4 1 P11E ' - I U,10! S ® f, 1I `.s1T 9 !9 n - 16 1 9 0V [1 r / y s a2OSBr • mar • q� � , s 020090. (o 5 1 1/ 11$ f I 1 992 5< 0799 s � = _s A m A L' " Y ^ I S 0 20890 • r Oao+ o • qF s 0 (00'8 • • T " MAO t • FI v ? R / ILA Et I 2 a �,' 8 T, b 14 0 4 L I r,7( a� $ 10 / ' 'a T I >a s r `� s L. B N Y. I 1.777 SF 5 1 s 0020990• r 7015 ` .� 00-7 S 020091 Y Boor • 3 � 1 - I •, .r =A0• k I 1 v y$ 7 _ I C 13 N mm 4.11 L721 sr $ e d I , ¢ I . - $ • o'er ; / 7690' I 7 0.75 ' 10.m 1619• v,i 100001; .Ia • 2 $8 E $ I8 / [ C ) L I aid . / • • 1 tow PARCEL 1 PA RTITION PLAT NO. 1991 -018 N 0206'50 E 458.87 PIN I _ BASIS OF BEARINGS / 906.57E 7 / SHEET 2 OF 5 DETAIL 'A' VARIABL 900 SD • S. / ma-0. r - 2B • MONTAGE RECORDED AS DOCUMENT NO. .,244, 9n 441a7 LEGEND A REPLAT OF PORTIONS OF LOTS 5 AND 6..CEDARBROOK FARM. LOCATED IN .THE SOUTHEAST ONE - QUARTER OF SECTION 26, • room 1RImrE1t .! NOTED TOWNSHIP-1. SOUTH, RANGE.1 WEST, I. MAD 5/r 904 ROD STN ORANGE PLASM CAP 75 0159ED *ALPHA CELL UV.' OF THE -WILLAMETTE MERIDIAN WASHINGTON COUNTY. OREGON. PER 9. 17 SET t -t /.• COPPER 050 INSCRIBED '011 IN 00101.3-1. p SET 13/6' w» 7011 Roo ■TN ORANGE PLAT= W 1119(7t1B00 • GET PE9 244, DATE OF MONUMENTATION: CONSTRUCTION ,8c MAPPING TEAM SCALE: 1 = 20' FEBRUARY 19, 2009 3123 3a MACADAM: SUITE 140 b _ PORTLAND, MOON snag _ GRAPHIC SCALE p g3- s ` O ' 180 R 00 aT OUNaE rwnc�uP 0RSO1@ED 'OIT P19 7M, 2 J03 N (A- 32Y034) 101 -00 � 20.00 a 3- T BBI a cTREBT R N 0058'51' E 10 • 12 s0T 3/Nr 0 a, aai R0D TIM Ax1RNUx GP 05050[0 'CIO 01.S 2.4, a CUR DATA TABLE. ' FT"T11:InFEIM:aill r te' ` F=11 I, 1.v PA Per 6 ortERSECr10N Cr MK � 7 R:- • f'7�'*?a 3 94,x,y.l7L2 : g R [ „] ri SF SQUARE mu © �4^ J .. n �I�.F_InCIF TWTSIi`7R9l�Il._stittli! ° z t S.W. 92ND AVENUE a am Rae - �11tTrAIL7 .709 11,4,- rEii3Sr• 7tF;%7 ®_ i, . g a m R . 8� • D• aRw+vac � �� .. �I '�g W. U — — U . sN PUSUC 15IEER — — _ 18 smssE t . 3F9iiFF1�i:F1�?•ti9R.lfi ➢�7 • . - s m7-ix • > z -408 24- MA t,05rc UMW EASEMENT tiF4'7R' F��FTI9Y- tUSC�r- t�+iFf' - 0} ; 2 S .W. 92ND AVENUE 8 SEC 11000 SERER EMDEN TO C EN1 WATER SERWGES Y d ▪ vJ. I ] 4.00' I 1 . SSE SA AR,EIENT TO CLEAN rITER SERWQ3 / L U • 0 I$ A ,,, .2. .. (w) F sE BTEND1x EhlENNr - . E ..11.63E EASimNT d > • C .9 • Z =G 177.1, • C 23 .: tt • N EG ..T 1' �r ¢ • [K) F0.10 1gA1pA AS NOTED a W W WNr REEENCE TALE `/ 4 y ” $ ' V • ;� .s� ,5 z�, „� A S2 00'58 W 16 , � 1- .y • _ . 20.00 , • $ 22 ,� 1P y �' L 1 500 1 3 v— • gy2 m . 7z1, /• , 3r d � s e•E y 15 ail g 21 -- - - - T= f` i / r m1. ` - 2317• ! 0205'91' • 2 P1 • y Y a ppp ! -213• tF Y Q . \ '` $ S.W. 92ND AVENUE s1. mw Y a/ -!7 y v 7 14 i . °°0 I -= YO Nor TO N S¢ GET AIL R' 9 Qf 1 , I y �F , i .la 52.119 10.07 • '. f r / �I 113 saE i� W TRACT �E• .. — — — 18 — gy p ` p 1 11.33- � ^a $ 4,520 sr 111-413_,..2...1r i. ,yg * $ roes sr - - $ $ ^ fd s 6 S • • °a.,8 A S � a I 53- 19 W fh7 A i I R Q 24 $ R1p -. • . 376 0 i W 502°5 71 • • 021, W ! 02061'23V 230, D 1)ETK Y T N 03 1 $ I a r VAeEmE ■Dix SEE a SSE „ ^ AND PuE'! 1.307 SF ,. W �f 1 1,137 S N N 3 1• ■ 20' U) s I0m•m ■ ev..p• • r � A Z s °205'31• r REV �>'• > .3 • N ' - 16 I. L . fr k A p f $ i t W: • I T y 1.$; Si I y • o 1.20. Y $ pj m F 0 ! 020,61' V m9/• c b s OlOe'Sl • • 743 2 m 0 . .- 15 � 5� .e #a D z r • U g_ 1.316sF. I4 R. J 2 1 3 °i WN. 5. 25033- _ Q s caw • • w 0°.11' B 020,31' 3- 7281” .~R -, Z �. n • H . 1 4 20 - t. g. 8 20 0 6 ? PROFESSIONAL 6 C 5. s e w , r q 1 .713 SF $ T RACT , N" 'a 2 c ( �, t � ,AN � � D AlR s Of05R31' • 110.71' EiD o b $ S °205 • 73.77 p 3316 S 1 /p(�j /5� / P.� P • � � § • 13 19 $ W I m 1.190 s p 1 5 I .012 sF >9 1 110021. R. a.rzs • 2440 10.00' • i 1 , 82.70• �'" 1500' I `Sa7 ° 50x3, •306' ° 1131' f [Al \ PATIO tan 2-30-05 P ARCEL 1 [ 8�' - PARCEL 2 N 0296'51' E- 458.87' PARTITION PLAT NO. 1991 -018 PARTITION PLAT PARCEL 2 199: -019 `INITIAL POINT - • BASIS OF BEARINGS _ - SHEET 3 OF 5 MONTAGE RECORDED AS DOCUMENT NO. .20090 9 7 A REPEAT OF PORTIONS OF LOTS 5 AND 6. 'CEDARBROOK FARM', LOCATED IN NE SOUTHEAST ONE - QUARTER OF SECTION 26, TOWNSHIP 1 SOUTH, RANGE I WEST, OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON DATE OF MONUMENTATKkt CONSTRUCTION & MAPPING TEAM FEBRUARY 19, 2009 51221 SAE 6720 TAO (503) 274-9633 RUN AB wo. (0- 326 -036) 101 -601 DECLARATION SURVEYOR'S CERTIFICATE WASHINGTON COUNTY APPROVALS KNOW AU PEOPLE BY THESE PRESENTS; THAT CASA TERRA. LIC.. AA 1. NOME R. CANES. HOOT CERTIFY NAT 1 HAN CODEC1Lr SURVEYED AND MARKED 9126 PROPER MERRY MO, or i / _ m� ENEMA LOWED Y COOANT, NE OWNER 6 THE LOOS DESCRIBED w RENTS THE LANDS EPIRSENTID 011 THE AMEND 66? CP 1101,TAQ': 6[910 A DRAT OF PORTERS of LOTS .09067.01 THE ACM/PANTING SJN%13 RMIESTABLISH es OIE. DOES T HARE. ESTABLISH 5 AND 6. 'CCDARBRO0K FARM', LOCATED NI 1HE 5OU5EAST 016:- OUARTER CF SECTION 26, 10SNOi 1 SOUTH. AND [EDAM THE AMIEXED MAP Cr 'MOHTADC TO BE A TRIG AND =NCI RACE 1 HEST. 6 DE 60UIETIE 60001M. 1619010001 COUNTY. CRESOL NAT AS 1IE mom PENT 6 RAT OMEN. ALL LOT AND TRACT LINES BE061 Or TIC ONINST0N5 910111 SOD SURVEY 1 E090 AND HEED A 5/6' 601 RW NM AO CAP AT THE SIPJTHIEST COMER 6 SOD LOT 6: AND ALL STREETS AID (*2611115 OF THE 6066 TIMM SET FORM AND THENCE ALONG 111E EST LINE OE SAID LOTS 6 AND S NOM C2' 00' 31 EAST, 41667 TEST. TO A PONT Co D , /14 frl*-4 i DOM HEREBY 0[OCATE TO 116 PUBLIC ALL RIGHTS -IT -WAY AND REMY NE MOTHERLY RANT -OF -WAY IBC OF SR HULL 00O1S* @ THENCE ALONG SAID REM -O -WAY DIE. KING 01O1S ALL EASEMENTS AS STEM CO ACTED NUCOR_ PARALLEL DM 560 45.00 FEET. RIGHT-ENO.0 MASON SOUnetgr OF THE CENIER NE RUM SPIN 67 TRACTS 'A'. V. C. V. 'E'. Y. G. 1f. AND 1' ARE HEREBY COOEYED 56' 30 EAST. 16666 EMT. TO • PONT ON THE EAST LIE 6 SAID LOT S. THENCE IEAWIC SAW ��}�' TO 1146 MONACA N OIM OEOIS ASSOOATTOM-OF-WATOM-OF-WAY LSE HONG SAW EAST LAN 6 LOT 5, SOUTH 07 06' 51 EST. 201.60 FEET. TO A POOR ON APPROVED N6 039'/ or L. *QA A HaRWTGCTIDPED 014'T1OCONI I.Ra TOE NORM MG or SAID LOT 01 HEMS AUM0 SAO TOM U1E OF LOT 6 MUM BB' SE' 10" EAST. 14161 CASA TERRA. LLC. M man LOOTED MOLDY COUPON FEET. TO DE NORTHEAST CORNER OF SAO LOT 6: T INCH ALCM THE EAST uNE 6 SOD D LOT 6. SOWN 07 DIRECTOR CF ASSESO AND 1036 PMMDI a ASSOCIATES. 4-a HONER SKID 51' VEST. 162.75 TEEN. TO DE SOUINEA51 WMGR Or SAID THEN LOT I: CE ALCM THE MIDI LIG 6 (WA1MGEd COUNTY ASSESSOR) SAID LOTS. NORM 00' 01' 00. EST. 5549 FEET. 10 11C SIUNEA3T CORNER IN A RIWT-0F -6611 DFOCAIIM PER DEMENT NO 09 -33392. 6ADANCTO1 CCID11 DEED EWERS THENCE LEALWO SOS SOWN UN 6 LOT 0. ALONG TG EAST 1.661 6 SAID ROCATON COIN LIP 55 51 EAST. 2000 FEET. 10 112 BY: �/ L NOR1HEAST CORNER 1ERE6: THENCE ALD O 111E NORTH LIE 6 SAID DEDICATION. NORTH 6P 01' CO" HEST. �t HA� ` \ C , m 1 5 ' 0051 xiEO FEET. 10 CMTER Co MINCE SAIN LINE Cr DC k T T1O 6 AL1610 S m lM 6 5 'b 1 . DA. E Fi/ 9 1 4� LOT 6. Noah 69' 01' 09 VEST, 151.26 FEET. 10 THE PETAL PONT. 6090 mNI COUNTY B00P0 6 ,[TE W P PMS7o01f CONTAINING APPNCRMATELY 60.007 5WMIE FEET. a 2.06 ACRES MICR • ASSIPATES, WC. REOSTERLD APPROVED TMs Z DAT 6 MD' % it ON PROFESSIAL 00ECTOR. OEPAR T 6 LAND NO TROT 0100 LAND SURVEYOR • C � /�'{ ACKNOWLEDGMENT mow B6 /4, 4.WEI � mow / YryAi 061(3 . •' A T TEST 1195 a2L M STATE OF OREGON 6 AP LO_. 20Q COUNTY CF WASHINGTON I NY -� 3 46070TH 6 010 Y T AnOI 'id 440...k _ _ VAUD UNTIL 6-30-09 .7 E:-0 1010 COMP cum 1195 51500(65 WAS AO(1NORm® BCTDRE MC Co ? , 20 RTE . BT LOFT U PAJ ER AS NESDONT 6 101.1400 a ASSOCIATES 060. j •I i j_-�-.., � -)). , ;.. ;j B ///111 �A • l / 1 / [HOER 6 USA 1[MTA LAIC , . y: T Y. `/yLt, < A pQ'P` ,. �� � Y , � 7 O DEPUTY o 4 STATE OF OREGON d D 6 SS CONSENT AFFIDAVIT COUNTY OF WASHINGTON NO TART Moron rr A SIAPM9M PLAT CW4211 AMOAWI FRO COMER FO COIPOUTIOI. A 04191 DM 1 DO HEREBY CERTIFY MAT SI®Ig9ON PLAT WAS RECEDED RECEDED 'Fj / E M C `o.- k 1 RH6/CART. IVES 6261 RECORD As 00610017 0 R n9A [TAO 509001061 cam 11 oars FDR f� a MS a 1 . DAY 6 f Pill- . mn.4 _ RECORDS ATNN• .a0'P00( L M.. A10 RECORC N DC MANTA NOTARY PUDG - DHOW ODD( RECORDS =mosso . No' A 9oS 4 1 Z Mr CPIR59DH mess T 5 0 6,, •20 / • , - ..r1i •• 1 EX Y/2� 9 ( /,/ 0*UTY mom QOO( J CITY OF TIGARD APPROVALS APPROVED nes oA C 6 �( .[J — OTT 6 MOD WRWP OTr DEVELDPH�IT CIECTEl1 APPROVED 615 ._ T .11 DAY 6 md.Q CO Cr 11GAD0 CITY DM 0 „ e4IL... • SHEET 5 OF 5 N0S6 LEGEND MONTAGE RECORDED AS DOCUMENT NO. _____.____ • FOUND DONYfNT AS NOTED FOUND s r as ROT MTN ORANGE PLASTIC CAP •AI MA m1-. 5(v.• A REPEAT OF PORTIONS OF LOTS 5 AND 8, "CEDARBROON FARM ". LOCATED IN THE SOUTHEAST ONE — QUARTER OF SECTION 28, • moan TOWNSHIP 1 SOUTH, RANGE 1 WEST, A ,_,/.• T O wE�m •a1- 04 E OF THE WILLAMETTE MERIDIAN, WASHINGTON COUNTY, OREGON 501 o SET 1/0 x SO' IRON NCO MM GRAM PLAS11O0 CAP DOME= %IR MS 2440 O SET 5/0 0 RY OM Roo MN ORANGE PLASTIC CAP RRWERED 'MT 1115 2440 M 1400.041.141 BOX M STREET DALE OF MONUMENTATION: CONSTRUCTION & MAPPING TEAM '� � = FEBRUARY 19. 2009 Sirs .0 T ODE OAY SOTS 1a n r 1 sr SCALE 1" — 20' STREET ( IRON KO MM w M9nM CAP Msa+mm •OIT PES x489' O 1'503)274.4 f n39 (503) xJ4 9ats GRAPHIC SCALE IM1AEe J® N0. 0,320-034) 101-001 1 PI POOR or wARSECnw OF CURVE CURVE DATA TABLE Ss SQUARE FEET 0V• T• - 11C3i281LT31:11 .Y,EMB • d° iv +.D © R?71 11 T?2S:sZSC4•:A•IFllCIWITTi 01 ROI 801 =E51it01 . :• trriff TS iT1tT'R21WM RR Roe PPE © .T •,. _.. T. - • 1 SN SURKT M RNA ®i?t:M1RZMIIIIIEF •711T7174T1 2® Pus PUBLIC UTILITY EASEMENT NCBiLZ 6r.TZ•T.smisiTi9 '__ �7Rm simian: SOIL STOW SEWER EAE5166' TO CIEM RATER SERVOS �` .TrTtnr9® SSE SAMINFT SETA EASO0317 10 00A9 WATER 6ERNCES m" NNE SOLVAIN EASEMENT ME:El �J i'.7i1!•A l7iL5Tm ■Tc_FYGNIMENWi.'CSEF7:T WE WATEMWE EASEMENT niT] 9NWITtil I01 FOUND MONUMENT AS NOTED IN MONUMENT REFERENM TARE LOT 3 ce "CEDARBROOK FARM" NOT TO N SCALE R 1070 [G3 S 02108'51" W 182.78' 1- n • W �I� v � . N -# F sol ; - oar (F1 B T " 99.x0 093 g "°° p` x aOQ ° 8 a alr m < r ! ,, � .= ° _ _ �! .. _� .=. "� W worm' 0 • w. I d I CH I 02 a _. 'cn 22.37' ° n.00 ° 17.00' Q. , T.o Tr ° a� ° I PK $ - _' ,, ' ,�{ Q W < TRACT V dI s s b a I I uS O Q .4 NE ° N 0OSS01• C/ ' PE EN • b • a b 1, ,° • 3 o z I 8 2.m -1.So ^ .- - 1 - .10 ti N L g a n �� 1 ? a IS „ "G" A „ o = g IA N N .� I s H xt _ J.= SE Z J i _ _ I Q • OR l 9• mums Imo CS • SW. m K AND RIES I IS y R z cc . 4 • ITDO'17 11.. _ ,0 • 1-q S W • P t......13.----2N0.000058. a 5 029011 • Mil' w nT •: A• 1 5 R '51" E I 0 W 13 TRACT "F" 1.470 s G EE ° STAR v s 40.4,,A3' F b 1211 + r >< • JJ 03 ° N 0x9651• E 411/0 S ' I2 e ,Y 6 3. , 1-I • . 1.10 n iv) I°., p 11 8 6? x, 01 4 10 0 N. co r. 6 44.445V vi 4, ..4 S O PEO910® A A I R t . .Q.m _ 3 p z PROFESSIONAL b b 9 b p b \ / S 011.7]5• . $ y I- — LAND Sl SIONA R • g co V L OA 8 N 4 I N $ \ At Pi ;? S.W. 92ND AVENUE g b / d 5 0 / F ° o• 0 44 cos I E PI 1 MOIL R. 13A J 8 g 4' g = 1 n x449 D 0 4A,JO VOL 6-20-09 ii N 1-E J o ` 7 � — r 17.00 / — 1 , 7 0Y � C S • � _\ G l x.Np y �� ` � 3 Z s S.W. 92ND AVENUE 3t i - ` G - - - _ 7270 ?S yd' sy� V /;{ ` _ SHEET 4 OF 5 S 039091• • 209]• RE 1P1b