Garden City, Utah
On February 11, 1972 Lakota Estates was established. It was subdivided into 47 different properties. It was designed in a way that all could benefit from access to the lake and also have the privacy of cabin life. It has maintained its open design to allow for open spaces and beautiful views.
Lakota is an HOA community.
Original by-laws for Lakota Estates
Rich County Recording 1-793-2445
BY-LAWS FOR LAKOTA ESTATES
1. Lakota Estates, Inc. is a non-profit Utah corporation established to permit the development of Lakota Resort as a private subdivision. Membership and voting power will be based on the purchase of a lot from the developer, Lakota Incorporated, Grant Beagley, owner.
2. The managing and governing body of Lakota Estates, Inc, will be the Lakota Homeowners Council (LHC). This body will consist of a chairman, two assistants appointed by the chairman, and three members elected by the land shareholders.
3. The appointed members and elected members must be lot owners (purchasers ) and will be reviewed by the chairman, for reappointment on a yearly basis.
4. The elected members will serve for a one-year term. The elected Board members must be lot owners (purchasers) in Lakota Estates Subdivision.
5. The chairmanship will initially be held by Grant Beagley, who will retain this position until 90% of the lots are sold or purchased or 12 years, whichever comes first. The chairmanship and appointed members of the Council will then revert to an elected position of one-year term. All council officers will be determined by a majority vote of the Lakota Estates, Inc, on an annual or special meeting. The chairman will have one vote as will each member of the association, except in the case of a tie which he will then decide by casting an additional vote.
6. The Lakota Homeowners Association will meet as often as necessary but at least within each three month period of the calendar year. The Chairman or Secretary shall give written notice, to be sent through the United States mail, giving at least 3 days advance notice, of all Lakota Homeowners meetings.
7. It will be the responsibility of the Lakota Homeowners Council to manage and govern Lakota Estates, Inc. The Council will maintain all corporate open spaces within the site and be responsible for the further development of said lands. All improvements, including new construction, must receive prior Council approval. Collection and disbursement of assessment from lot owners or purchaser, will be the responsibility of the Council. This body will also arbitrate agreements among property holders that in any way affect Lakota Estates, Inc. Sole responsibility for the interpretation and enforcement of the By-Laws or other protective covenants mutually agreed upon by the land shore holders will be the duty of the Lakota Homeowners
8. The Lakota Homeowners Council is an improvement district; a governmental counseling agency established to handle problems and insure the best good of all the land shareholders in Lakota Estates, Inc., and will, therefore, be superseded only by the majority vote of this body attending the meeting.
9. All elections will take place in January.
10. The collection of a Lakota Estates assessment or improvement fee to be used for maintenance and improvement of corporately held land will be the responsibility of the Council. At the direction of the lot owners, or purchasers, funds thus acquired will be used for various maintenance procedures and improvement projects on a priority basis. The priorities will be established at the annual elections meeting in January. The fee is to be agreed upon by the majority of the lot owners at the meeting of the property owners.
11. It is mutually agreed that when 75% of the lots in Lakota Estates Subdivision are sold or purchased, Lakota, Inc., i.e., Grant L. Beagley and Claudette J. Beagley, will deed all open space so designated on the master plat over to Lakota Estates, Inc., along with the liability and tax responsibilities of said properties.
12. Voting will be on the basis of one vote for each lot owned or purchased, voting at a meeting of property owners. A majority vote of all lot owners present at a meeting will be considered
the binding decision on the body. Properly signed and authorized proxies will, upon inspection of the Council Chairman, be acceptable authorization for multiple votes.
GENERAL USE OF PROPERTY
13. Lakota Estates is established as a private area for the sole use and enjoyment of the property owners there. It is understood and agreed that the general public, not including property owners
or the invited guests thereof, will be excluded from the Lakota Estates area at all times.
14. The size of the lots at Lakota Estates is such that only single family units will be constructed or maintained on a single lot, with the exception of Lot 44, the present motel unit. Such dwelling units are for the sole use and occupancy of the owner and not for the acquisition of rental income. However, subject to the approval of a majority of the property owners, if an owner desires to rent his property for a portion of the season to another single family, he may do so for a period of not less than seven consecutive days. No other type of subrentals will be permitted under this By-Law.
15. No commercial enterprises will be permitted on the property of individual owners, excepting lot 44. likewise, there will be no rental of space for trailers, campers, tents, or other portable
living quarters permitted.
16. Campers or trailers belonging to property owners or bone fide guests of property owners may be parked in the Lakota Estates Subdivision parking lot only and no vehicle may be parked except
to load or unload on any lot or open space within the subdivision. No vehicles of any nature or trailers, including boat trailers, campers, or tents, will be permitted on the beach area or any lot whatsoever.
SANITATION AND PUBLIC UTILITIES
17. It is agreed that sewage waste disposal for each lot in the subdivision will conform to means and methods approved by the State of Utah and Rich County. It is further agreed that the proper installation of approved sewage disposal and/or treatment facilities of the individual property owners shall be the duty of the sub-divider of Lakota Estates Subdivision and Rich County will look to the sub-divider for compliance with the sanitation requirements of applicable law. Such facilities ore to be installed where required within 60 days after signing the legal instrument indicating intention to purchase the property. In the case of vacant lots, installation of such sewage facilities wil1 be accomplished concurrent with the erection of any permanent structures on the property. Responsibility for keeping the disposal system in working order at all times is the responsibility of the individual property owners. This includes necessary pumping and cleaning of a sealed tank system. It is also understood that the purchase price of the sealed tank system and installation of same for each lot will be the responsibility of the buyer with the exception of those buyers who had an agreement with the sub-divider otherwise.
18. Water connections will be the responsibility of the lot owners and at lot owners expense. It is agreed that water will be provided for the subdivision by Garden City.
19. Other utilities and services, such as electricity, telephone and gas, will be accorded necessary easements or rights-of-way for installation of distribution facilities by the lot owners. These servicers will be metered or charged to the individual property owner. Payment of charges will be on the basis of rates on file with the Utah Public Utilities Commission, except in the case of “LP” gas. “LP” or propane gas for heating and cooking will be metered to each using 1 location from a common tank. Each user will be responsible for payment of his charges based on his meter reading. Charges will be subject to negotiation between, the users and the supplier.
20. Garbage disposal will be the responsibility of each individual lot owner or purchaser. It will be the lot owners responsibility to furnish o rodent proof covered receptacle and to dispose of accumulated garbage and trash at the public dump. Garbage receptacles will be kept tightly covered at all times and garbage and trash will not be allowed to spill on the surrounding area. Garbage and excessive trash will not be burned or buried on the property, nor will it be dumped in public waters, nor along the public highway. Garbage will not be left in receptacles during extended periods of absence.
21. No unsightly debris of any nature will be allowed to accumulate on the premises of property owners or within the Lakota Estates area.
22. Lack of public or community fire protection services makes it incumbent upon each individual property owner, his household, and bona fide guests to do everything possible to prevent structural fires. No open fires will be permitted during extremely dry or windy weather. At other times, open fires will be restricted to areas not endangering structures. Except for brush disposal, open fires will be restricted to semipermanent type locations such as stone-lined pits, out-door fireplaces or approved outdoor cooking equipment. Beach fires will not be built within thirty (30) feet of the water line. Each person building or tending an open fire will be responsible for having a shovel, ample supply of water or portable fire extinguisher immediately available for use in case the fire endangers nearby or distant structures. Open fires will not be left unattended at any time, Open fires will not be used for burning garbage or large quantities of obnoxious debris.
23. Each property owner agrees to keep his property in good repair and to make improvements whenever possible. All building construction, reconstruction, remodeling, or renovation will conform to County and State Building Codes and be subject to Lakota Homeowners Association approval.
24. No unsightly construction or construction which will interfere with utilization of the property of on adjacent property owner will be permitted, This includes the erection of fences, walls, hedges; and other landscape planting or structures. Such construction or planting will not detract from the over-all esthetic value of good taste in the general community. All improvements will require the prior approval of the Lakota Homeowners Council (LHC).
25. To maintain and improve the environmental quality of Lakota Estate Subdivision, no trees will be planted, moved or removed without approval of the (LHC). It is therefore suggested that careful planning preclude any actual on-site plans to change the landscape. To retain the present Lakota environmental image, it is suggested that only plants (indigenous type) be carefully selected and placed for maximum benefit. Before all the old rotten Cottonwoods are removed, consider their replacement carefully so shady beach image will remain. No noxious plantings of undesirable Shrubs, trees, grasses, etc., will be permitted.
26. Domestic pets including dogs, cats, etc., will be permitted with the understanding that the owner maintain complete control of such pets at all times, and be fully responsible for any damages to or destruction of property they may cause. USE OF BOATS AND DESIGNATION OF RESTRICTED AREAS
27. All boats will be operated under rules and regulations of the State of Utah and the United States Coast Guard.
28. All Lakota Estates residents who are boat operators will observe areas posted in the shallow harbor at the north and south ends of the beach. All craft within these harbors will be operated at a wakeless speed.
29. All boats wil1 be launched and removed at the boat ramp on Swan Creek at the south end of Lakota Estates. Boat trailers will be immediately removed from this area to the subdivision parking area. Common Areas: (By-Laws covering the establishment and maintenance of common areas, such as parking areas, docks and boat parking, beach, parkway, playground, maintenance areas, etc., should be drawn up after a determination is made as to the extent that the Lakota Estates Corp. will be involved in property management. These By-Laws should be in the nature of guidelines setting forth responsibilities and duties of the parties concerned. They should cover as a minimum, the following subjects.)
30. County approved parking areas - maintenance, repair, and upkeep.
31. Boat docks - construction, repair, maintenance, and use.
32. Parkways, beach and playground areas - construction, maintenance, repair, improvements, and operation.
33. Maintenance area - storage of equipment, use of common equipment, responsibility for upkeep of area.
34. Maintenance services, - duties and repressibilities of custodial personnel, what will and will not be covered by such services, responsibility for payment for services.
35. CHANGES IN SUBDIVISION PLAT - No boundary or use changes in parking areas, walkways, open spaces, roadways or other areas common to the subdivision shall be made without specific prior approval of Rich County, Planning one Zoning Commission being first obtained.
36. The gravel covering for the service roads will be provided by the sub-divider, Lakota, lnc., in the spring of 1972 and also the sub-divider will be responsible for blacktopping the parking areas soon as reasonable thereafter, and landscaping of the parking area.
37. Any lot purchaser or owner, who fails to pay assessments within forty-five (45) days after the Lakota Estates, Inc. Homeowners Council has made the assessment shall have a lien for said assessments filed against his (her) subdivision lot. Persistence of failure to pay assessments as made shall be lot owner’s authorization to the Lakota Homeowners Council to sue and collect past due assessments, interest, court costs and attorney fee.
Whenever the term lot owner or purchaser is used, the meaning is either owner or purchaser, as the case may be, as though the terms are synonymous. Any person who obtains right, purchase or owns or who has deed to a lot in Lakota Estates Subdivision, upon such event occurring shall be a member of Lakota Estates, lnc., permitted to vote and be assessed as provided herein. Any person who by deed, sales contract, or assignment transfers his lot shall immediately cease to be a member of the Company.
AMENDED DECLARATION OF COVENANTS AND RESTRICTIONS
OF LAKOTA ESTATES SUBDIVISION
This Declaration made this 29th day of July, 1990, by the undersigned, being a majority of the owners of property in the Lakota Subdivision, hereinafter referred to as "Owners".
WITNESSETH: WHEREAS, Owners possess certain real property located in Rich County, State of Utah, as more particularly described in paragraph 2 below, and desire to amend the Protective Covenants of Lakota Estates Subdivision (hereinafter "original covenants") recorded 16 March 1972 as Filing No. F12, 516 in Book G2 at Pages 541- 545 in the Office of the Recorder of Rich County, Utah; and WHEREAS, Owners desire to establish in the Covenants and Restrictions the legal basis for a Homeowners Association; WHEREAS, Owners do not desire to make other amendments and revisions to the original covenants except as necessary to establish a legal basis for the Homeowners Association; WHEREAS, Owners desire to create an agency to which should be delegated and assigned the powers of maintaining a roadway and administering and enforcing the existing covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and
WHEREAS, a group of individuals who are vested owners of property within the subdivision have incorporated under the laws of the State of Utah, as a non-profit corporation, the Lakota Estates Homeowners Association, Inc., for the purpose of exercising the functions aforesaid; NOW, THEREFORE, Owners hereby declare that all of the real property described below and each part thereof shall be held, sold, and conveyed only subject to the original covenants and the following easements, covenants, conditions, and restrictions, and the recreation/ residential zoning requirements of Rich County, Utah, which shall constitute covenants running with the land and shall be binding on all parties having any right, title or interest in the above-described property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.
1. DEFINITION. The following words when used in this Declaration or any Supplemental Declaration (unless the context shall prohibit) shall have the following meanings:
a) "Association" shall mean and refer to the Lakota Estates Homeowners Association, Inc.
b) "The Properties" shall mean and refer to all such existing properties, and additions thereto, as are subject to this Declaration or any Supplemental Declaration under the provisions of paragraph 2 hereof.
c) "Common Properties" shall mean and refer to those areas of land shown on any recorded subdivision plat of the Properties and intended to be devoted to the common use and enjoyment of the owners of The Properties.
d) "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of The Properties with the exception of Common Properties as heretofore defined.
e) "Owner" shall mean and refer to the record owner, whether one or more persons or entities of the fee simple title to any Lot or Living Unit situated upon The Properties but, notwithstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
f) "Member" shall mean and refer to all those Owners who are members of the Association as provided in paragraph 3.
2. PROPERTY SUBJECT TO THIS DECLARATION; ADDITIONS THERETO. The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Rich County, State of Utah, and known by official plat designation as Lakota Estates residential home subdivision of Rich County, pursuant to a plat recorded on February 16, 1972, in the Records of the Recorder of Rich County, State of Utah, Book G2, Page 499, all of which real property shall hereinafter be referred to as "Existing Property".
3. MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION.
a) Membership. Every person or entity who is a record owner of a fee or undivided fee interest in any Lot or Living Unit which is subject by covenants of record to assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for the performance of an obligation shall not be a member.
b) Voting Rights. The Association shall have one class of voting membership which shall be all those owners as defined in paragraph 1. Owners shall be entitled to one vote for each Lot in which they hold the interests required for membership by paragraph 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to any such Lot. 4. PROPERTY RIGHTS IN THE COMMON AREAS.
a) Members' Easements of Enjoyment. Subject to the provisions of (c), every Member shall have a right and easement of enjoyment in and to the common areas and such easement shall be appurtenant to and shall pass with the title to every Lot.
b) Title to Common Properties. Title to Common Properties will be placed in the name of the Association, which in any event will not be later than July 1, 1991.
c) Extent of Members' Easements. The rights and easements of enjoyment created hereby shall be subject to the following:
(1) the right of the Association to take such steps as are reasonably necessary to protect the above described common areas against foreclosure; and
(2) the right of the Association, as provided in its Articles and Bylaws, to suspend the enjoyment
rights of any Member for any period during which any assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(3) the right of the Association to charge reasonable admission and other fees for the use of the roadway; and (4) the right of the Association to dedicate or transfer all or any part of the roadway to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the Members, provided that no such dedication or transfer, determination as to the purposes or as to the conditions thereof, shall be effective unless an instrument signed by Members entitled to cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedication, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereunder is sent to every Member at least thirty (30) days in advance of any action taken.
5. COVENANT FOR MAINTENANCE ASSESSMENTS.
a) Creation of the Lien and Personal Obligation of Assessments. The Owner for each Lot owned by him within The Properties hereby covenants and each Owner of any Lot or Living unit by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the Association: (1) annual assessments or charges; (2) special assessments for capital improvements, such assessments to be fixed, established and collected from time to time as hereinafter provided. The annual and special assessments, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. b) Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, and welfare of the residents in The Properties and in particular for the payment of costs, including attorney's fees, incurred by the Association in enforcing the covenants and obligations contained herein, and for the improvement and maintenance of the roadway, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management, and supervision thereof. c) Basis and Maximum of Annual Assessments. Until the year beginning January, 1993, the annual assessment shall be $50.00 per year per lot. From and after January 1, 1993, the annual assessment may be increased by vote of the Members, as hereinafter provided, for the next succeeding three years and, at the end of each such succeeding period of three years, for each succeeding period of three years thereafter. The Governing Board of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the actual assessment for any year at a lesser amount. d) Special Assessments for Capital Improvements. In addition to the annual assessments herein authorized, the Association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of the roadway, or other unanticipated costs, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes the Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. e) Change in Basis and Maximum of Annual Assessments. Subject to the limitations of (c), and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by (c) hereof prospectively for any such period provided that any such change shall have the assent of two-thirds (2/3) of the votes of the Members who are voting in person or by proxy, at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting. f) Quorum for Any Action Authorized Under (c) and (d). The quorum required for any action authorized by (c) and (d) hereof shall be as follows: At the first meeting called, as provided in (c) and (d), the presence at the meeting of Members, or of proxies, entitled to cast sixty percent (60%) of all the votes shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirement set forth in (c) and (d), and the required quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting. g) Date of Commencement of Annual Assessments: Due Dates. The annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Governing Board of the Association to be the date of commencement. The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commencement. The assessments for any year, after the first year, shall become due and payable on the first day of March of said year. The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in (c) hereof as the remaining number of months in that year bear to twelve. The same reduction in the amount of the assessment shall apply to the first assessment levied against any property which is hereafter added to the properties now subject to assessment at a time other than the beginning of any assessment period. The due date of any special assessment under (d) hereof shall be fixed in the resolution authorizing such
assessment. h) Duties of the Governing Board. The Governing Board of the Association shall fix the date of commencement and the amount of the assessment against each Lot for each assessment period of at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of the properties and assessments applicable thereto which shall be kept in the office of the Association and shall be open to inspection by any Owner. Written notice of the assessment shall thereupon be sent to every Owner subject thereto. The Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid. i) Effect of Non-Payment of Assessment; The Personal Obligation of the Owner; The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in (g) hereof), then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period, and shall also pass to his successors in title when expressly assumed by them. If the assessment or any part thereof is not paid within thirty 30) days after the delinquency date, the assessment or part thereof shall bear interest from the date of delinquency at the rate of 18 percent per annum simple interest, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of preparing and filing the complaint in such action, and in the event a judgment is obtained, such judgment hall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court, together with the costs of the action. j) Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment; provided, however, that such subordination shall apply only to the assessments which have become due and payable prior to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.
k) Exempt Property. The following property subject to this Declaration shall be exempted from the assessments, charge and lien created therein: (1) all properties to the extent of any easement or other interest therein dedicated and accepted by the local public authority and devoted to public use; (2) the roadway Common Properties as defined in paragraph l(a) hereof; (3) all properties exempted from taxation by the laws of the State of Utah upon the terms and to the extent of such legal exemption. Notwithstanding any provisions herein, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges or liens.
6. DURATION. The covenants and restrictions of this Declaration shall run with the land and shall inure to the benefit of and be enforceable by each and every property owner of the land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of nineteen (19) years from the date this Declaration is recorded, after which time said covenants shall be automatically extend for successive periods of ten (10) years unless an instrument signed by the Owners of eighty percent (80%) of the lots has been recorded, agreeing to change said covenants and restrictions in whole or part. Amendments to these covenants and restrictions may be made at any time by an instrument signed by one hundred percent (100%) of the then owners of the lots and living units. Provided, owever, that no such agreement to change shall be effective unless written notice of the proposed agreement is sent
to every Owner at least thirty (30) days in advance of any action taken.
7. NOTICES. Any notice required to be sent to any Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as owner on the records of the Tax Assessor of Rich County, State of Utah, at the time of such mailing.
8. ENFORCEMENT. Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants; and failure by any Owner or association to enforce any covenants or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter.
9. SEVERABILITY. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no wise affect any other provision which shall remain in full force and effect LAKOTA, INC. AMENDMENT TO THE BYLAWS AND PROTECTIVE COVENANTS OF LAKOTA ESTATES HOMEOWNER'S ASSOCIATION, INC.
This Amendment made this 28th day of July, 2007, by the undersigned, Lakota Estates Homeowner's Association, Inc. was passed by majority vote of the Owners at the Annual Meeting
held on the same date and hereby amends the By-laws and the Addendum to the By-laws for Lakota Estates Subdivision and the Protective Covenants of Lakota Estates Subdivision recorded March 16, 1972 as Filing No. Fl 2, 516, in Book G2 at Pages 541-545 and the Amended Declaration of Covenants and Restrictions dated July 29, 1990 and recorded on June 21, 1996 as Filing No. 488 in Book K7 at pages 220-233 in the Office of the Recorder of Rich County, Utah legally described as: All of Jots 1-47, Lakota Estates Subdivision, a subdivision of Part of Section 5, Township 14 North, Range 5 East, Salt Lake Base and Meridian, as recorded in the Office of The County Recorder for Rich County, State of Utah. Parcel Id. Nos. 41-05-24-001, 41-05-24-002, 41-05-24-003, 41-05-24-004, 41-05-24-005, 41-05-24-006, 41-05-24-007, 41-05-24-008, 41-05-24-009, 41-05-24-010, 41-05-24-011, 41-05-24-012, 41-05-24-013, 41-05-24-014, 41-05-24-015, 41-05-24-016, 41-05-24-017, 41-05-24-018, 41-05-24-019, 41-05-24-020, 41-05-24-021, 41-05-24-022, 41-05-24-023, 41-05-24-024, 41-05-24-025, 41-05-24-026, 41-05-24-027, 41-05-24-028, 41-05-24-029, 41-05-24-030, 41-05-24-031, 41-05-24-032, 41-05-24-033, 41-05-24-034, 41-05-24-035, 41-05-24-036, 41-05-24-037, 41-05-24-038, 41-05-24-039, 41-05-24-040, 41-05-24-041, 41-05-24-042, 41-05-24-043, 41-05-24-044, 41-05-24-045, 41-05-24-046, 41-05-24-047, 41-05-00-008.
BY-LAW #24 is amended to add the following:
Fences are allowed at Lakota Estates provided that the following conditions are met:
(i) any newly constructed fence must
(a) meet County and City codes;
(b) have a building permit when required by the County/City;
(c) be on land that has an official, recorded survey, completed by a licensed surveyor to ensure that the
fence remains only on the property of the Owner(s) erecting the fence;
(d) is no more than 4 feet in height;
(e) is made of wood, vinyl, or similar materials, and
(f) is approved by both the Lakota Fence Committee, and the Lakota Board of Directors.
(ii) any newly constructed privacy screens must
(a) meet County and City codes;
(b) have a building permit when required by the County/City;
(c) be on land that has an official, recorded survey completed by a licensed surveyor to ensure that the fence remains only on the property of the Owner(s) erecting the fence;
(d) are no more than 8 feet in height, are set back from the roadway and do not cause unsafe conditions or unreasonable obstacles which would impair or impede travel along the Lakota roadways;
(e) are made of wood, vinyl, or similar materials; and
(f) are approved by both the Lakota Fence Committee, and the Lakota Board of Directors.
(iii) Exceptions to the height limitations may be allowed on a case-by-case basis as determined by the Lakota Fence Committee and the Lakota Board of Directors by applying a "reasonable neighbor" standard. AMENDMENT TO THE BYLAWS OF LAKOTA ESTATES HOMEOWNER'S ASSOCIATION, INC.
This Amendment made this 25th day of July, 2009, by the undersigned, Lakota Estates Homeowner's Association, Inc. was passed by unanimous vote of the Owners at the Annual Meeting held on the same date and hereby amends the By-laws and the Addendum to the By- laws for Lakota Estates Subdivision, legally described as: A subdivision of Part of Section 5, Township 14 North, Range 5 East, Salt Lake Base and Meridian, including Lots 1-47 and the Brown House (41-05-00-008), as recorded in the Office of The County Recorder for Rich County, State of Utah. Parcel Id. Nos. 41-0S-24-001, 41-0S-24-002, 41-05-24-003, 41-05-24-004, 41-05- 24-005, 41-05-24-006, 41-05-24-007, 41-05-24-008, 41-05-24-009, 41-05-24-010, 41-05-24-011, 41-05-24-012, 41-05-24-013, 41-05-24-014, 41-05-24-015, 41-05-24-016, 41-05-24-017, 41-05-24-018, 41-05-24-019, 41-05-24-020, 41-05-24-021, 41-05-24-022, 41-05-24-023, 41-05-24-024, 41-05-24-025, 41-05-24-026, 41-05-24-027, 41-05-24-028, 41-05-24-029, 41-05-24-030, 41-05-24-031, 41-05-24-032,41-05-24-033, 41-05-24-034, 41-05-24-035, 41-05-24-036, 41-05-24-037, 41-05-24-038, 41-05-24-039, 41-05-24-040, 41-05-24-041, 41-05-24-042, 41-05-24-043, 41-05-24-044, 41-05-24-045, 41-05-24-046, 41-05-24-047, 41-05-00-008
BY-LAW #14 (and Addendum to the By-Laws, Paragraph 2) is amended to read as follows:
The size of the lots at Lakota Estates is such that only single family units will be constructed or maintained on a single lot, with the exception of Lot 44, the present motel unit. Such dwelling units are for the sole use and occupancy of the owner and not for the acquisition of rental income or income generated through timeshare sales or sales to multiple owners or entities. The intent of the Lakota homeowners is to limit the use of Lakota Estates to lot owners, their families and guests in order to preserve the privacy, esthetic beauty, serenity and quiet enjoyment of the property. Effective July 25, 2009, the sale of any lot to multiple owners, other than family members, is prohibited. This prohibition shall not be construed to limit or restrict the transfer of title for estate planning or asset protection purposes, however, any such transfer shall not be used to circumvent the requirements stated above. All proposed sales or transfers which do not meet these requirements must be submitted to the Lakota Estates Homeowners Committee (LHC) for review and approval. Any lot owner violating these requirements is liable for any and all costs and fees incurred in the enforcement of this By-Law, Including the time expended by the corporate officers, committee members and reasonable attorney's fees.
Dated this 25th day of July, 2009.
SECTION 5. Of the DECLARATION OF COVENANTS AND RESTRICTIONS (PROTECTIVE COVENANTS) OF LAKOTA ESTATES SUBDVISION is amended as follows:
SECTION 5. COVENANT FOR MAINTENANCE ASSESSMENTS:
Paragraph (g) is amended to increase annual assessments (dues) from $75 to $100 effective the fiscal year 2007.
Paragraph (h) is amended as follows: Effect of Non-Payment of Assessment; The Personal Obligation of the Owner;: The Lien; Remedies of Association. If the assessments are not paid on the date when due (being the dates specified in (g) hereof), then such assessment shall become delinquent 30 days after the due date. If the assessment remains unpaid for another 30 days, then a fine for nonpayment shall be imposed in the amount of $50.00 and the account shall be sent to collection. All accounts currently delinquent in excess of 60 days shall receive a final notice that they have 30 days to pay the balance due or a fine for nonpayment will be imposed and the account will be sent to collection. The assessment and fine, as well as fines for violations of the covenants, restrictions or Association bylaws, together with such interest thereon and cost of collection, including attorneys fees, thereof as hereinafter provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives and assigns. The personal obligation of the then Owner to pay such assessment, however, shall remain his personal obligation for the statutory period, and shall also pass to his successors in title when expressly assumed by them. The second paragraph of this Paragraph (h) is not changed. Paragraph (i) Effect of Nonpayment is amended to add the following third paragraph: The homeowners association shall have the power to impose fines for violation of the covenants and restrictions and bylaws. Any Owner or guest of Owner violating these rules would first receive written notice of the violation and a warning to refrain from continuing the offensive conduct. If the violation continues, the Association could impose a fine of $50 per violation. Unpaid fines would be added to the Owner's assessment balance and, if unpaid, shall become a lien upon the property.
Dated this 17 day of July, 2010.
LAKOTA ESTATES HOMEOWNER'S
1129 E. 2550 N.
Layton, Utah 84040
HOA President Dallin Wood
Vic President Craig Hammond
Secretary Donna Kammermon
Physical Location Only - No Mailing Address
2100 N Bearlake BLVD
Garden City UT
No Office hours Held