The following copy of the CC&Rs is not an official document for the purpose of any legal matters. It is provided as a courtesy to make it easier for the CC&Rs to be read. To access the official version of the CC&Rs, please reach out to a board member.
RESTATED AND AMENDED
DECLARATION
OF
COVENANTS, CONDITIONS & RESTRICTIONS
FOR
CHASE LANE VILLAGE
(A Planned Unit Development)
This Restated and Amended Declaration of Covenants, Conditions and Restrictions for Chase Lane Village (“Restated Declaration”) is made this ___ day of March, 2019, by and between the Owners of Lots in Chase Lane Village, Phase I, Phase II and Phase III. The Owners of Lots in the three phases of Chase Lane Village shall collectively be referred to herein as the “Lot Owners”. The subdivision in which all the Lots Owners own Lots shall be referred to as “Chase Lane” or “Chase Lane Village”, and the Chase Lane Village Homeowners Association, a Utah nonprofit corporation, shall be referred to as the “Association.”
WHEREAS, the property that is the subject of this Restated Declaration is situated in and upon that certain real property located in Davis County, State of Utah, as specifically described in Exhibit “A”, attached hereto and incorporated herein by this reference, and including the Common Area that is appurtenant to each Lot as shown on the plat maps for Chase Lane Village phases I, II & III, as recorded in the office of the County Recorder for Davis County, State of Utah. There are 108 Lots in Chase Lane Village Phases I and II and III; and
WHEREAS, Chase Lane Village, Phase I, was created by a “Declaration of Covenants, Conditions and Restrictions” recorded in the records of Davis County, Utah, on May 5, 1983, in book 941, beginning on page 218, as entry number 639517; and
WHEREAS, Chase Lane Village, Phase II, was created by an “Amended Declaration of Covenants, Conditions and Restrictions” recorded in the records of Davis County, Utah, on February 10, 1995, in book 1846, beginning on page 1017, as entry number 1165131; and
WHEREAS, Chase Lane Village, Phase III, was created by a “Declaration of Covenants, Conditions and Restrictions” recorded in the records of Davis County, Utah, on March 2, 2006, in book 3982, beginning on page 1422, as entry number 2181173; and
WHEREAS, pursuant to the Restated and Amended Declaration of Covenants, Conditions and Restrictions for Chase Lane Village, recorded in records of Davis County on October 30, 2008, in Book 4647, beginning on page 279, as entry number 2401806 (the “2008 Restatement”), all Lots and Lot Owners within Chase Lane were merged into an owner’s association and all Lots within Chase Lane were subject to the 2008 Restatement and the Chase Lane Village Homeowners Association; and
WHEREAS, the purpose and intent of this Restated Declaration is to restate, amend and replace the 2008 Restatement, and any subsequent amendments to the 2008 Restatement.
NOW, THEREFORE, to accomplish the Owners’ objectives, the following Restated Declaration is adopted. The 2008 Restatement, any amendments thereto, and the Bylaws of the Association are hereby restated and amended by this Restated Declaration. Regardless of any language herein to the contrary, the following are not rescinded, restated, replaced or amended: the Chase Lane Village plat maps and any amendments thereto as reflected on the Davis County records; the submissions and dedication of the real property described in Exhibit “A” to the provisions of the Restated Declaration; the ratification, approval and incorporation of the Association, and the Articles of Incorporation on file with the State of Utah; and any other provisions, paragraphs, or sections from prior recorded documents that is required to maintain the legal status of Chase Lane, the Lots, and the Association, which, if repealed, would nullify or impair the legal status of Chase Lane, the Lots, or the Association.
It is hereby declared that the Lots within Chase Lane Village shall be held, sold, conveyed, leased, rented, encumbered and used, subject to the following Restated Declaration and its covenants, restrictions, limitations, and conditions, all of which shall constitute covenants which run with the land and shall be binding on and be for the benefit of the Association and all Lot Owners of all or any part of the Project, together with their grantees, successors, heirs, executors, administrators, devisees and assigns, all as set forth herein. If there is any conflict between this Restated Declaration and 2008 Restatement, this document shall control. The 2008 Restatement is hereby restated, replaced and amended as follows:
1.1 “Association” shall mean and refer to the Chase Lane Village Homeowners’ Association, Inc., a Utah non-profit corporation, its successors and assigns, formed in connection with this Restated Declaration.
1.2 “Board of Director” or “Board” shall mean and refer to a Board of the Association consisting of at least three (3) members whose duties shall be to manage the Association in accordance with the provisions of this Restated Declaration and the Association Bylaws.
1.3 “Building” shall mean and refer to the structure on a Lot containing Units which share a common wall.
1.4 “Bylaws” shall mean and refer to the Bylaws of the Association attached hereto as Exhibit “C” as amended from time to time. The Bylaws are also being amended in conjunction with the adoption of this Restated Declaration. By adopting this Restated Declaration, the Bylaws, as amended, are also approved and adopted by the Members of the Association.
1.5 “Common Area” shall mean all real property located within the Project that is not included within a Lot and of which the Association owns an interest for the common use and benefit of its Members, their successors, assigns, tenants, families, guests and invitees, including but not limited to the following items:
a) The real property and interests in real property submitted hereby and all improvements constructed thereon, excluding the individual Lots;
b) All Common Areas and Facilities designated as such in the Plat Map or Maps;
c) All utility installations and all equipment connected with or in any way related to the furnishing of utilities to the Project and intended for the common use of all Lot Owners, such as telephone, electricity, gas, water, and sewer;
d) All portions of the Project not specifically included within the individual Lots; and
e) All other parts of the Project normally in common use or necessary or convenient to the use, existence, maintenance, safety, operation or management of the Property by the Association for the common benefit of its Members.
1.6 “Limited Common Area” shall mean the driveway and patio appurtenant to each Unit and as set forth on the Map of each phase of the Project, attached hereto on the pages following Exhibit A. The Limited Common Area appurtenant to each Unit is designated and reserved for use by the Owner of the Unit and to the exclusion of the other Owners in the Project. Any areas and facilities that are identified on the Plat as Limited Common Areas are permanently assigned to specific Units, as an appurtenance to such Units, and for the exclusive use of such Units. The Plat permanently designates the Unit or Units to which each of the Limited Common Areas is reserved and appurtenant. The Limited Common Areas shall be maintained as described in Article V, Maintenance, below.
1.7 “Lot” shall mean and refer to any plot of land shown upon recorded subdivision maps of the Properties with the exception of the Common Areas.
1.8 “Member” shall mean and refer to every person who holds membership in the Association, and shall include the legal title Owner of each Lot.
1.9 "Owner” or “Co-Owner” shall mean the person owning in fee simple a Lot or Unit in the Project, as each ownership is shown by the records of the County Recorder of Davis County, State of Utah.
1.10 “Property,” “Properties” or “Project” shall mean and refer to that certain real property described in Exhibit “A” attached hereto, along with the Common Area appurtenant to each Lot, and such additions thereto as may hereafter be brought within the jurisdiction of the Association.
1.11 “PUD” or “Planned Unit Development” shall mean Chase Lane Village, a PUD subject to the provisions of the Community Association Act (“Act”), U.C.A. 57-8a-101 et al.
1.12 “Unit” shall mean and refer to the real property interest possessed by an Owner and consisting of a residential dwelling on a Lot as shown on the Plat. Except where the context specifically otherwise requires, reference to a Unit shall include reference to the residential dwelling thereon. The Unit and Lot have the same footprint on the Map accompanying Exhibit A and are at times used interchangeably herein unless the context clearly indicates otherwise.
2.1 Owners’ Easements of Enjoyment. Every Owner shall have the right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions:
a) the right of the Association to charge reasonable assessments and other fees for the maintenance of any improvements situated upon the Common Area, or any portion thereof;
b) the right of the Association to enforce the payment by any owner of the assessments made herein in accordance with the provisions herein;
c) the right of the Association to dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3) of the members has been recorded.
2.2 Delegation of Use. Any Owner may delegate his right of enjoyment to the Common Area and facilities to the members of his family, his tenants, or contract purchasers who reside at Chase Lane Village.
3.1 Every Owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessments.
3.2 Members shall be Owners and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
4.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (i) annual assessments or charges, and (ii) special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, 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 interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time the assessment fell due. In a voluntary transfer of the Lot, the obligation for delinquent assessments shall pass to the Lot Owner’s successors in title unless expressly waived by the Association.
4.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvements and maintenance of the Common Area and of the homes situated upon the Properties.
4.3 Special Assessment for Capital Improvements. In addition to the annual assessments authorized above, the Board may levy, in an assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property.
4.4 Notice for Any Action Authorized Under Sections 4.3. Written notice of any special assessment authorized under Section 4.3 shall be sent to all members not less than 30 days in advance of the due date of the assessment.
4.5 Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis.
4.6 Date of Commencement of Annual Assessments: Due Dates. The Board shall 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 the annual assessment shall be sent to every Owner subject thereto. The due date for monthly assessments shall be the first day of the month. Other due dates shall be established by the Board. Failure of the Board to set an annual assessment or to send notice of the annual assessment shall not prohibit the Board from collecting any assessment. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its insurance.
4.7 Effect of Nonpayment of Assessments; Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve percent (12%) per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No Owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. Additionally, a late charge of not more than fifty dollars ($50.00) (as determined by written resolution of the Board) shall be added to any payments made more than 10 days after the due date. Furthermore, those whose assessments are more than 30 days delinquent shall be entitled to vote at annual or special meetings.
4.8 Subordination of the Lien to Mortgage. The lien of the assessment provided for herein shall be subordinate to the lien of any first mortgage or first Deed of Trust. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure (Trust Deed power of sale) or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payment which became due prior to such sale or transfer. No sale or transfer shall relieve such Lot from liability for any assessments thereafter becoming due or from the lien thereof.
4.9 Reserve Funds; Safeguarding and Uses of Monies. The management of monies paid by Owners or otherwise acquired by the Association and deposited to a savings and/or investment account to defray the costs of future needs, anticipated or unanticipated, is the responsibility of the Board. The Board shall comply with the reserve requirements as set forth in the Utah Community Association Act, U.C.A. 57-8a-211, as amended from time to time, and a copy of which is attached hereto as Addendum “A”.
The Board may appoint Chase Lane Village homeowners on an ad hoc basis to serve in an advisory capacity to assist in the safeguarding and enhancement of monies. An advisory committee, appointed by the Board of directors, shall consist of three (3) homeowners whose duties shall be the overseeing, first of all, of the security of reserve fund monies and, secondly, the enhancement of the monies.
Because of the relatively short terms of Chase Lane Homeowners Association Board members (one to two years), members of the Advisory Committee shall not be limited to a set term of service but shall serve at the will of the Board until a successor can be found, or he or she otherwise resigns. A Board Member shall serve as an ex officio member of the Advisory Committee.
Reserve fund monies shall be an asset of Chase Lane Village, accruing to the net worth and accumulated resources of the Association as a total entity and not subject to withdrawal by individuals who choose to move from the Association. In the event of a repeal of the Restated Declaration and the dissolution of the Chase Lane Homeowners Association, Inc., other than incidental to a merger or consolidation, the Board of directors shall, prior to the dissolution, distribute funds in a manner consistent with the purposes for which the funds were originally collected, and consistent with the purposes for which the funds were originally collected, and consistent with the purposes of Chase Lane Village.
5.1 Responsibilities. Association and owners’ responsibilities for maintenance are as follows:
Exterior
HOA- Maintain/repair/replace roof (shingles, felt, plywood) due to normal wear/tear
HOA- Maintain/repair/replace exterior siding & underlayment due to normal wear/tear
HOA- Maintain/repair/replace rain gutters and downspouts
Owner & HOA- maintain/repair/replace driveways and walkways. The patio and patio doorsteps shall remain the responsibility of the Owner
HOA- Maintain/repair/replace Chase Lane entry walls and lighting fixtures
HOA- Maintain/repair/replace outside secondary water spigots
HOA- Maintain/repair/replace finished exterior of foundation; cracks in foundation or settling of the foundation remain the responsibility of the Owner
HOA- Maintain/repair/replace patio fences
HOA- Maintain/repair/replace door frames (exterior only)
HOA- Paint outside of exterior doors
HOA- Maintain/repair/replace garage door frames
HOA- Maintain/repair/replace decorative shutters on front of Units
Interior
Owner & HOA- Repair damage resulting from seepage of water from sprinkler system failures. Interior water damage due to an act of God or nature shall be the responsibility of the Owner unless otherwise covered by the Association’s Insurance
Grounds
HOA- Maintain lawn
HOA- Maintain trees and shrubs planted by HOA
HOA- Maintain/repair/replace gazebo, picnic area, playground, tennis/pickle-ball courts
HOA- Maintain/repair/replace sump pumps in the common area. Privately owned sump pumps remain the responsibility of the Owner
HOA- Maintain/utilize sprinkler system within the Association
HOA- Remove snow from walkways along frontage road and 400 West
HOA- Maintain/repair water system from city water meter to entrance to exterior wall of each unit
Post Office- Mailboxes
City- Street lights
City- Curbs and gutters
Other
Owner- All interior painting, decorations, and furnishings from inside of unfinished walls and ceilings, including all appliances, such as dishwashers, garbage disposals, ranges, refrigerators, microwaves, furnaces, exhaust fans, attic vents and fans, air conditioners, water heaters, water softeners, and telephone and computer networks.
Owner- Maintain/repair/replace patio covers and concrete within patios
Owner- Maintain/repair/replace exterior doors, hinges, thresholds, locks and doorbells (except painting of exterior door surfaces)
Owner- Maintain/repair/replace garage floors, garage doors
Owner- Maintain/repair/replace windows, interior shutters, sliding glass doors, French doors, screens, screen doors and screen door frames
Owner- Maintain/repair/replace all lights attached to exterior walls
Owner- Maintain gas and electricity connections from meters to unit
Owner- Maintain culinary water system outside entrance through foundation and through the unit, including outside faucets and hose bibs
Owner- Repair any damage caused by culinary water system described above
Owner- Maintain/repair/replace phone lines, TV cables, air conditioning, satellite dishes
Owner- Maintain/repair/replace all unit owner improvements, such as skylights, windows, attic vents, fans, heat tape, ornamental railings, and similar items
Owner- Maintain/clean/repair dryer/bathroom fan venting and fireplace
Owner- Maintain/repair/replace electrical system from city electric meter to breaker panel and to all outlets, including switches and light fixtures including those located on exterior of unit
Owner- Maintain/repair/replace plumbing fixtures, such as sinks, all interior pipes & valves
Owner- Repair any damage resulting from a sewer backup (owner’s liability)
Owner- Repair cracks or other damage to interior walls, floors, or ceilings caused by normal unit settling
Owner- Repair damage resulting from static water or seepage of water from any underground source, except water from sprinkler system failures
Owner- Repair damage resulting from surface water
Owner- Damage less than Association master insurance policy deductible — owner’s individual homeowners HOA insurance policy includes loss assessment
Owner- Pest infestations (such as rodents, insects, etc.) inside the walls and roof vents
Owner- Flowers, trees, shrubs, gardens planted by owner inside border abutting a unit (owner may add or remove plants from area within border abutting unit; check with HOA Board for current list of approved plants)
Owner- Snow removal from individual unit’s walkways and driveways
Owner- Garbage collections
Owner- Damage to a unit or common area caused by a contractor hired by an owner
Owner- Any maintenance, damage, replacement or repair to a unit or common area not otherwise stated herein is the owner’s responsibility
5.2 Willful or Negligent Acts. In the event that the need for maintenance or repair of a Lot or the improvements thereon is caused through the willful or negligent acts of its owner, or through the willful or negligent acts of the family, guests or invitees of the owner of the Lot needing such maintenance or repair, the cost of such exterior maintenance shall be added to and become part of the assessment to which such Lot is subject.
5.3 Solar Panels Prohibited. The Association maintains and replaces the roofs of the Units. Therefore, to eliminate additional roof maintenance and repair expenses associated with solar panels, the installation of solar panels is not permitted.
5.4 Foundation. Lot Owners are responsible to maintain, repair and replace the foundation of their Unit.
5.5 Earth Settling; Limitation on Association’s Liability. In the event a Unit suffers cracks in the walls, foundation or any portion of the interior or exterior of the Unit, the cost of repair shall be borne solely by the Unit Owner. Should a crack or failure of a wall or foundation be located in a common wall or party wall serving two or more Units, the Owners of the Units affected shall share the repair costs according to the provisions dealing with Party Walls as set forth in this Restated Declaration. The Association shall not be liable for any failure of water service or other utility service to be obtained and paid for by the Association hereunder, or for injury or damage to any person or property caused by the elements or by another Owner or person in Chase Lane, or resulting from electricity, water, rain, snow or ice, or the settling of ground beneath a Unit or a Lot. No diminution or abatement of any assessments under this Declaration shall be claimed or allowed for inconvenience or discomfort arising from the making of repairs, maintenance or improvements to Chase Lane or any part thereof, or from any action taken to comply with any law, ordinance or order of a governmental authority.
6.1 Land Use. No Lot, nor Unit thereon, shall be used except solely for residential purposes.
6.2 Architectural Control. No fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition or change or alteration thereon be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing as to harmony of external design and location in relation to surrounding structures and topography by the Board of directors of the Association, or by an architectural committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its designated committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with.
a) Entry doors: May have 3, 4 or 6 panels.
b) Storm doors: May be installed by the owner; color must be almond or dark brown.
c) Sidelights: (narrow window panels flanking front door): Bottom half must be solid wood; upper half must be glass.
d) Exterior paint: Entry doors, doorframes, sidelights, and garage doors must match other units. Paint will be provided by the HOA.
e) Outdoor light fixtures: Must be carriage-style fixtures with black metal frames.
f) Windows: Front windows must contain grid lines.
6.3 Patio Covers.
a) Size: The size of a patio cover may not exceed the present patio size of 26 feet long by 16 feet wide.
b) Walls: Permanent addition of studded walls covered by siding is not permissible.
c) Cover: The cover must be structurally sound and attractive, the color(s) coordinating with presently used coloring.
d) Damage: In case of dispute of damage liability, the decision of the current insurance carrier of Chase Lane Village Homeowner’s Association shall prevail.
e) Approval: If structure is erected without Board approval, it may be subject to removal.
6.4 Nuisances. No resident shall create, maintain or permit a nuisance in, on or about the Properties. For purposes of this Section a “nuisance” includes any behavior which annoys, disturbs or interferes with other residents and interferes with their right to the quiet and peaceful enjoyment of their property. The Board shall have the sole discretion and authority to determine if an activity or condition constitutes a nuisance. A nuisance includes, but is not limited to, the following:
a) The development of any unclean, unhealthy, unsightly, or unkempt condition on, in or about a Lot or the Common Areas;
b) The storage of any item, property or thing that will cause any Lot or the Common Areas to appear to be in an unclean or untidy condition or that will be noxious to the senses;
c) The accumulation of rubbish, unsightly debris, garbage, equipment, or other things or materials that constitute an eyesore as reasonably determined by the Board;
d) The storage of any substance, thing or material upon any Lot or in the Common Areas that will emit any foul, unpleasant or noxious odors, or that will cause any noise or other condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the other residents of the Project;
e) The creation or maintenance of any noxious or offensive condition or activity in or about any Lot or the Common Areas;
f) Actions or activities tending to cause embarrassment, discomfort, annoyance, distress or a disturbance to any other residents, their guests or invitees, particularly if the police or sheriff must be called to restore order.
g) Maintaining any plants, animals, devices or items, instruments, equipment, machinery, fixtures, or things of any sort whose activities or existence in any way is illegal, noxious, dangerous, unsightly, unpleasant, or of a nature that diminishes or destroys the enjoyment of the Association by other residents, their guests or invitees;
h) Too much noise in, on or about any Lot or the Common Area, especially after 10:00 p.m. and before 7:00 a.m., or use of outside speakers or amplifiers;
i) Allowing a pet to be unleashed while outside of the Unit or fenced backyard;
j) Continuous barking, meowing, or other animal noises; and
k) Allowing a pet to urinate or defecate in the Common Areas or failing to clean up immediately any feces deposited by a pet in the Common Area.
6.5 Signs. The Association may regulate and restrict signs in the Project to the extent set forth in the Community Association Act, UCA 57-8a-218, which permits regulation of signs when reasonable, time, place, and manner restrictions are adopted. The Board may adopt Rules for the regulation of signs. Except as otherwise designated in the Rules, new signs are prohibited. “For Sale” or “For Rent” signs may be displayed inside the front window, or as directed by the Board. All other signs may only be erected or maintained on the Project, whether in a window or otherwise, as provided in the Rules. Signs may not exceed 18" x 24" in size.
6.6 Pets and Animals. No more than two (2) pets may be kept on any single Lot unless a variance is granted in writing by the Board. Each Owner or other tenant with a pet or pets at their Lot or within Chase Lane shall abide strictly by the letter and spirit of any pet rules and regulations adopted by the Board from time to time. No pets, animals, livestock or poultry of any kind shall be bred in, on or about Chase Lane. Owners and residents shall clean up immediately after their pets and failure to do so shall subject the offending Owner or resident to a fine as established by the Board and set forth in the Association’s rules. Pets outside the Lot shall be kept on a leash at all times and under the control of a responsible person. Pets which constitute a nuisance to the opinion of the Board (e.g., dogs running loose about Chase Lane and without a leash and not under the control of a responsible person, dogs not immediately cleaned up after barking, whining, howling, scratching, etc.) will not be tolerated in Chase Lane. Owners will be fined and legal action may be filed to ensure compliance with the provisions of this Article VI, Residential Area Covenants, as well as other nuisance related provisions within this Restated Declaration.
6.7 Parking. The Board is authorized to adopt Rules regulating parking within Chase Lane, including Rules regulating parking on a Unit’s driveway. The initial set of Parking Rules are attached hereto as Exhibit “F,” which Rules may be modified by the Board as the Board determines is reasonable.
6.8 Garbage and Refuse Disposal. No Lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All equipment for the storage or disposal of such material shall be kept inside the owner’s garage, patio, or exterior garbage enclosure built for that purpose, except when placed outside the evening before or day of collection by the city. No unsightly material or other objects of any kind are to be stored on any Lot in view of the general public.
a) An exterior garbage enclosure may be installed by residents. It must be located behind the back exterior corner of the garage, between the patio fence and inside of the concrete curbing. The interior of the enclosure will consist of solid vinyl fencing that matches the existing patio fence. If the structure is erected without Board approval, it may be subject to removal.
6.9 Party Walls. Each wall which is built as a part of the original construction of the homes upon the properties and placed on the dividing line between the Lots shall constitute a party wall, and, to the extent not inconsistent with the provisions of this Article, the general rules of law regarding party walls and liability for property damage due to negligence or willful acts or omissions shall apply thereto. The cost of reasonable repair and maintenance of a party wall shall be shared by the owners who make use of the wall in proportion to such use. If a party wall is destroyed or damaged by fire or other casualty, any owner who has used the wall may restore it, and if the other owners thereafter make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice, however, to the right of any such owner to call for a readjustment from the others under any rule of law regarding liability for negligent or willful acts or omissions. The right of any owner to contribution from any other owner under this Article shall be appurtenant to the land and shall pass to such owner’s successors in interest.
6.10 Easements. Easements for installation and maintenance of utilities and drainage facilities are displayed as shown on the plat to be recorded. Each Lot owner shall have an easement over the driveway leading to the garage connected to his unit. Such owner shall be required to keep the driveway and sidewalks appurtenant to his unit free from snow, ice, and debris.
6.11 Contracts. The Association shall not enter into any contracts for services of any type or nature that exceed one (1) year in length or that contain an automatic renewal provision.
6.12 Fines and Fine Schedule. The Association is authorized to impose fines as set forth herein. The purpose of the fine schedule is to ensure our community remains a great place to live and residents refrain from prohibited activities as listed in the CC&Rs. Before a fine is imposed, an offending party will receive a letter from the Board or property management company informing them of the violation and requiring the violation to be cured within 48 hours or in such longer time as determined by the Board. Violations repeated within 365 days after the initial violation and notice shall be subject to a fine without a subsequent notice being served. The list of violations and their corresponding fines are outlined in the following chart. All fines are to be paid with the subsequent month’s maintenance fees, and following the applicable appeal period, if any. Failure to pay on time will be considered another violation of the nuisance rules at the rates shown for successive violations.
Fine Schedule
Leasing
Leasing or renting a unit in violation of the CC&Rs that also includes failure to notify the Board of directors.
1st Offense: $35
2nd Offense: $65
3rd Offense: $125
Noise
Creating noise within a unit or lot that can be heard in another unit or the common area that (1) is offensive to the senses, (2) disrupts enjoyment or the lifestyle of other residents, or (3) restricts the free use of property. This includes wind chime sounds that disturb sleep during evening hours.
1st Offense: $25
2nd Offense: $50
3rd Offense: $125
Parking
Violation of any parking rules contained in the CC&Rs and Bylaws.
Parking in such manner that creates a safety hazard.
Parking trailers, RVs, boats or work trailers more than 3 days in any 14-day period, including driveways or streets.
1st Offense: $25
2nd Offense: $50
3rd Offense: $90
Personal Belongings
Personal items in common area including bicycles, toys, scooters, equipment, etc.
1st Offense: $10
2nd Offense: $20
3rd Offense: $30
Pets
Maintaining pets in a unit or lot in violation of the CC&Rs and Bylaws. Pets are to be housed within the confines of the owner’s home.
Allowing pets outside in the common area without a leash, cats included.
Failing to clean up after pets that have made a mess in the common area.
Maintaining a pet in a home or lot that can be heard in another lot or unit, or housing pets that create a smell that is (1) offensive to the senses, (2) disruptive to the enjoyment or lifestyle of other residents, or (3) restricts the free use of property.
1st Offense: $25
2nd Offense: $50
3rd Offense: $100
Vehicle Repair
Performing vehicle repairs or maintenance in areas other than the owner’s garage.
1st Offense: $35
2nd Offense: $50
3rd Offense: $100
Windows
Failure to keep window dressings neat and tidy or not in good repair. Drapes and/or blinds as commonly used in the Association Units are to be used with no exceptions. Replacement of windows without the prescribed grids.
1st Offense: $25
2nd Offense: $50
3rd Offense: $90
6.13 Additional Fines. Additional rules and fines may be adopted by the Board and without the necessity of amending this Restated Declaration following proper notice by the Board to the Owners as required by the Community Association Act.
7.1 Insurance Obligations of Chase Lane Village Homeowners’ Association
a) Type of Insurance. The Association shall obtain and keep in full force and effect at all times the following types of insurance coverage, provided by companies licensed to do business in the State of Utah:
i) Fire and Casualty Insurance. A policy or policies of fire and casualty insurance on the Common Areas, Units, Lots and buildings within Chase Lane Village in such amounts as shall provide for 100% of the full replacement cost of the insured property at the time the insurance is purchased and at each renewal date, excluding items normally excluded from property insurance policies. Such insurance shall include fire and extended coverage, vandalism and malicious mischief, and such other risks and hazards against which the Association shall deem it appropriate to provide insurance protection to the Common Areas, to the improvements, and the privately-owned residential dwellings on the Lots. The Association may comply with the above requirements by the purchase of blanket coverage and may elect such “deductible” provisions as in the Association’s opinion are consistent with good business practice. The Association shall not be responsible for or purchase insurance coverage on the personal contents of the Lot Owners that is not otherwise included in the Association’s insurance coverage as provided by Utah law. Each Owner is required to obtain their own insurance (renter’s or condominium owners’ coverage) for their own protection, which Owner’s insurance is for the purpose of insuring the Owner’s personal property and to pay the Association’s insurance deductible, plus those additional types of losses normally covered by such insurance but not covered under the Association’s fire policy. Each Owner shall provide a copy of this Amended Declaration to their insurance agent to ensure they obtain adequate and complete insurance coverage.
ii) Public Liability and Property Damage Insurance. The Association shall obtain a broad form of comprehensive public liability insurance coverage for the Properties, in such amounts and in such forms as it deems advisable to provide adequate protection against liability for personal injury, death and property damage. Coverage shall include without limitation, liability for operation of automobiles on behalf of the Association and all activities in connection with the ownership, operation, maintenance, and other use of the Properties.
iii) Worker’s Compensation Insurance. Worker’s compensation and employer’s liability insurance and all other similar insurance with respect to employees of the Association, if any, in the amounts and in the forms now or hereafter required by law.
iv) Fidelity Insurance or Bond. Fidelity insurance or a bond in such amounts and in such forms as the Association deems appropriate to cover against dishonesty of employees or the Manager, destruction or disappearance of money or securities, and forgery.
b) Form of Insurance. Insurance coverage on the Properties, insofar as possible, shall be in the following form:
i) Casualty and Hazard Insurance. Casualty and hazard insurance in a form or forms naming the Association as the insured, as Director for the Owners, and which policy or policies shall specify the interest of each Owner (Owner’s name and Lot number). The Association shall furnish to each Owner and to each mortgagee requesting in writing the same, a certificate of coverage, including an identification of the Owner’s interest.
ii) Public Liability and Property Damage Insurance. Public liability and property damage insurance which names the Association as the insured, as Director for each Owner, for the Manager, if any, and which protects each Owner and the Manager, if any, against liability for acts or omissions of any of them in connection with the ownership, operation, maintenance, or other use of the Properties.
c) Additional Coverage. The provisions of this Amended Declaration shall not be construed to limit the power or authority of the Association to obtain and maintain insurance coverage in addition to any insurance coverage required by this Amended Declaration in such amounts and in such forms as the Association may from time to time deem appropriate.
d) Adjustment and Contribution. Exclusive authority to adjust losses under the insurance policies hereafter in force on the Properties shall be vested in the Association. In no event shall the insurance coverage obtained and maintained by the Association hereunder be brought into contribution with insurance purchased by individual Owners or their Mortgagees.
e) Insurance Carried by Owner. Each Owner is responsible for and shall obtain insurance, at his own expense, providing coverage upon personal property located on his own Lot, and for general liability coverage, including without limitation, coverage for personal injury, property damage, and such other risks as each Owner may deem appropriate. The Owner’s private insurance policy must cover the full deductible amount of the HOA master policy (contact HOA Board for information about the current master policy deductible). The Association shall have no obligation and responsibility to carry insurance on the Lots, or any improvements located on the Lots.
f) Review of Insurance. The Association shall review annually the coverage and policy limits of all insurance on the Properties and shall adjust the same at its discretion. Such annual review may include an appraisal of the improvements in the Properties by a representative of the insurance carrier or carriers providing the policy or policies on the Properties, or such other qualified appraisers as the Association may select.
8.1 Agent for Service of Process. The name and address of the person in the State of Utah appointed as agent to receive service of process for the Association is:
Richard W. Jones, Esq.
5732 South 1475 East, #200
Ogden, Utah 84403
The Board of directors of the Association may amend this provision without a vote of the Association upon recording an amendment with the Davis County Recorder’s Office.
9.1 Percentage Interest. In connection with this Restated Declaration, the percentage interest and ownership in the Common Areas appurtenant to each Lot shall be uniform and equal for each Lot.
9.2 Voting Interests. The percentage of ownership in the Common Areas and facilities shall be for all purposes, including voting. Owners shall be entitled to one vote for each Lot owned. When more than one person holds an interest in a Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot.
10.1 Attorney Fees. In the event of any default or enforcement proceedings arising out of the provisions of this Restated Declaration, with or without legal action, the prevailing party shall be entitled, in addition to the remedies and damages awarded in such proceedings, to recover their costs and a reasonable attorney fee.
11.1 Liens. If any Lot Owner fails or refuses to make any payment of the Common Expenses or an Assessment when due, that amount constitutes a lien on the interest of the Owner in the Project.
11.2 Foreclosure of Lien. Such lien may be enforced by judicial or non-judicial foreclosure by the Association in the same manner in which mortgages and trust deeds on real property may be foreclosed in Utah. In any such foreclosure, the Owner shall be required to pay the costs and expenses of such proceeding, the costs and expenses of filing the notice of lien and all reasonable attorney fees. All such costs, expenses and fees shall be secured by the lien being foreclosed. The lien shall also secure and the Owner shall also be required to pay to the Association any assessments against the Lot which shall become due during the period of foreclosure. The Association shall have the right and power to bid an amount equal to its lien existing at the foreclosure sale or other legal sale and to acquire, hold, convey, lease, rent, encumber, use and otherwise deal with the same as the Owner thereof. In any foreclosure or sale, the owner shall pay the costs and expenses of such proceedings, including but not limited to the cost of a foreclosure report, reasonable attorney fees, and a reasonable rental for the Lot during the pendency of the foreclosure action. The Association in the foreclosure action may require the appointment of a receiver to collect the rental without regard to the value of the mortgage security. The Association may bid for the Lot at foreclosure or other sale and hold, lease, mortgage, or convey the same. If the Association elects to foreclose the lien in the same manner as foreclosures in deeds of trust, then the Owner by accepting a deed to the Lot hereby irrevocably appoints the attorney of the Association, provided he is a member of the Utah State Bar, as Director, and hereby confers upon said Director the power of sale set forth particularly in Utah Code Annotated, Section 57-1-2 (1953), as amended. In addition, the Owner hereby transfers in trust to said Director all of his right, title, and interest in and to the real property for the purpose of securing his performance of the obligations set forth herein.
12.1 Inasmuch as Chase Lane Village is a residential community where neighbors live in close proximity to each other, no business of any kind whatsoever shall be established, conducted, permitted, operated, or maintained at Chase Lane Village unless they meet all of the federal, state and municipal laws, ordinances and licensing requirements, as well as complying with the Chase Lane Village Restated Declaration, Bylaws, and the following rules and regulations:
a) Customers, patrons, guests, clients or individuals may come to a residence for business activity on a very limited scale and no more than one person at a time.
b) No products may be sold from or delivered to the residence.
c) Only services that are performed chiefly by use of the telephone and computer, such as consulting, tax preparation, computer or Internet businesses, may be provided at the residence as limited by city ordinance;
d) Any vehicles used in the business must comply with the Association parking rules.
e) No business activities may be conducted between the hours of 8:00 p.m. and 8:00 a.m.
WHEREAS, the Owners at Chase Lane Village desire to preserve and enhance the quality of life at Chase Lane and have purchased their homes at Chase Lane for the purpose of using their homes as owner occupied single family residences; and
WHEREAS, the Owners believe the planned Lot development living concept was developed to create a real property interest wherein individuals could own their own property and enjoy the benefits that accompany ownership of real property, including the stability associated with real property ownership, both individually and as a neighborhood, as well as the security that comes to a community by having residents who are owners and are committed to the long-term welfare and good of the community; and
WHEREAS, because the Owners at Chase Lane own a shared and undivided interest in Common Area, the Common Area should be used and shared in common by those who own an interest in the Common Area and not be used by those who do not possess an ownership interest in the Common Area; and
WHEREAS, the Owners realize that the value of their homes are directly related to the ability to sell their homes, that the ability to sell their homes is directly related to the ability of prospective borrowers to obtain financing, and that underwriting standards at financial institutions and secondary mortgage markets restrict the percentage of non-owner-occupied homes that can exist in a planned Lot development; and further, when too high a percentage of non-owner-occupied homes exist in a planned Lot development, a buyer will not be able to qualify for favorable and competitive market interest rates and financing terms, thus inhibiting Owners’ ability to sell their homes and depressing the value of all the homes at Chase Lane; and
WHEREAS, the Owners desire to live in a planned Lot development community that is orderly, peaceful, well maintained and desirable, and that will allow for and protect the comfortable enjoyment of all residents of Chase Lane, and have determined through the years of their collective experience that Owners are more responsive to the needs of the planned Lot development community, take a greater interest and care of the Common Area, and are generally more respectful of the planned Lot development rules; and
THEREFORE, to accomplish the Owners’ objectives, the following is adopted limiting and restricting the number of homes that may be rented at Chase Lane:
13.1 The leasing of Lots at Chase Lane Village is prohibited unless the leasing is consistent with this section.
13.2 Not more than ten Lots at Chase Lane shall be occupied by non-Owners at any one time.
13.3 No Lot may be leased for more than a total of twelve (12) months in any 24-month period. When leases or rentals are permitted, terms shall not be for less than six (6) months. No short-term rentals are permitted such as Airbnb, VRBO, Homeaway, or any other vacation rentals.
13.4 All leases, subleases, assignments of leases, and all renewals of such agreements shall be first submitted to the Chase Lane Board who shall determine compliance with this section.
13.5 Any Owner desiring to lease his or her Lot or to have his or her Lot occupied by a non-Owner shall notify the Association in writing of their intent to lease their Lot. The Association shall maintain a list of those Owners who have notified it of an intent to lease their Lot and shall grant permission to Owners to lease their Lot in the same order the Association receives the written notice of intent to lease a Lot from the Owners. No permission shall be granted to lease a Lot until less than ten of the Lots at Chase Lane are occupied by a non-Owner.
13.6 The restrictions herein shall not apply if an Owner moves from his Lot (a) due to temporary (less than three years) military, humanitarian, religious or charitable activity or service, and (b) leases his or her Lot with the intent to return to occupy his or her Lot when the military, humanitarian, religious or charitable service has concluded. Nor shall the restrictions herein apply if a parent or child leases their Lot to a family member (parent, child or siblings).
13.7 Any Owner who violates this section shall be subject to a fine of $25.00 per day according to the provisions set forth in the Chase Lane Rules, and/or to a complaint for an injunction seeking to terminate the lease in violation of this section. If Chase Lane Village is required to retain legal counsel to enforce this section, with or without the filing of legal process, the violating Lot Owner shall be liable for all attorney fees and court costs incurred by the Association in enforcing this section.
13.8 Those homes that were occupied by non-Owners as of the date the Association’s leasing restrictions were first adopted in the 2008 Restatement may continue to be occupied by non-Owners until the first of the following events occurs: (a) The Owner conveys his or her interest in the home to a new Owner, or (b) No home which is currently occupied by a non-Owner shall continue to be occupied by a non-Owner after three years from the effective date of the 2008 Restatement.
13.9 When renting or leasing a Lot, an Owner shall abide by the following: Any agreement for the leasing, rental or occupancy of a home (hereinafter referred to as a “lease”) shall be in writing and a copy thereof shall be delivered to the Association before the term of the lease commences. Every lease shall provide that the terms of such lease shall be subject in all respects to the provisions of the Association governing documents, and that any failure by the tenant or occupant to comply with the terms of the governing documents shall be deemed to constitute a material default under the lease. If a lease does not contain the foregoing provision, then such language shall nevertheless be deemed to be a part of the lease and binding on the Owner and tenant or occupant by virtue of their inclusion in this Restated Declaration. No Owner or tenant may lease individual rooms to separate persons or lease less than his entire home. Any Owner who shall lease his home shall be responsible for assuring compliance by the resident with the governing documents. Failure by an owner to take legal action, including the institution of an eviction proceeding against a resident who is in violation of the governing documents within ten (10) days after receipt of written demand so to do from the Association, shall entitle the Association to take any and all such action including the institution of eviction proceedings for and in behalf of such Owner against his resident. The Association shall not be liable to the Owner or resident for any eviction instituted pursuant hereto and in good faith. Any costs and expenses incurred by the Association, including attorney fees, shall be deemed to be an individual assessment. The amount of said individual assessment is the debt of the Owner at the time the assessment is made and is collectible as such. If any Owner fails or refuses to pay said expenses when due, that amount constitutes a lien on the interest of the Owner in the property.
14.1 Reinvestment Fee. The Board shall have the right to establish from time to time (but shall not be required to establish) a Reinvestment Fee assessment in accordance with this Section and Utah Code §57-1-46. If established by the Board, the following terms and conditions shall govern Reinvestment Fees:
a) Upon the occurrence of any sale, transfer, or conveyance of any Lot as reflected in the office of the County records, regardless of whether it is pursuant to a sale of the Lot or not (as applicable, a “Transfer”), the party receiving title to the Lot (the “Transferee”) shall pay to the Association a Reinvestment Fee of $500.00, or in an amount to be established by the Board in the Rules, provided that in no event shall the Reinvestment Fee exceed the maximum rate permitted by law.
b) The Association shall not levy or collect a Reinvestment Fee for any Transfer exempted by Utah Code §57-1-46.
c) The Reinvestment Fee shall be due and payable by the Transferee to the Association at the time of the Transfer giving rise to the payment of such Reinvestment Fee and shall be treated as an Individual Assessment for collection purposes.
14.2 Accounting Payoff Fees. The Association may charge a fee for providing Association payoff information needed in connection with financing, refinancing, or closing of the sale of a Lot as provided for in Utah Code §57-8a-106. The amount of such fee shall be fifty dollars ($50.00) or as otherwise established in the Rules. Additional paperwork required in a private sale between an Owner and purchaser may be obtained from the Association but may incur additional fees.
15.1 Introduction. It is in the best interest of the Members, the Association, the Board, and the officers (the “Parties”) to encourage the amicable resolution of disputes arising out of the legal rights and obligations described in this Declaration without the emotional and financial costs of litigation. The Board, the Association and each Member agrees that before filing suit in any court it will first submit to the Alternative Dispute Resolution Procedures set forth below (the “ADR Procedures”), with respect to any claim, grievance or dispute arising out of or relating to the Declaration, Bylaws, or Rules and Regulations (the “Claims”), provided, that a Party may demand arbitration prior to complying with the ADR Procedures if demanding arbitration is required to satisfy the statute of limitations for the Party’s Claim. In such event, the Party demanding arbitration shall simultaneously stay the arbitration until the ADR Procedures have been satisfied.
15.2 Exceptions. Notwithstanding the foregoing, the ADR Procedures shall not be required for the following Claims unless all Parties to the matter agree to submit the matter to the ADR Procedures:
a) any suit between Members which does not include the Association as a party, if such suit asserts a claim which would constitute a cause of action independent of the Association;
b) any suit in which any indispensable party is not bound by this Article 15;
c) any collection activity, action or suit brought by the Association against an Owner involving the collection of delinquent Assessments or Fines;
d) actions by the Association to collect Assessments or other amounts due from any Owner; and
e) actions brought by the Association to obtain a temporary restraining order, preliminary injunctive relief, or other preliminary equitable relief and such ancillary relief as the Association may deem necessary in order to enforce the provisions of this Declaration (an “Enforcement Action”).
15.3 Procedure for Disputes Between Members.
a) Good-Faith Discussion. The aggrieved Party (“Complainant”) shall attempt to resolve the Claim with the other Party (“Respondent”) through good-faith discussion.
b) Submission of Complaint. If the Claim is not resolved through good-faith discussion, Complainant shall provide the Board and each Respondent with a written statement of the material facts of the Claim (the “Complaint”). The Complaint shall include the following:
(i) the nature of the Claim, including the parties involved and the Respondent’s role in the Claim;
(ii) a brief description of the discussions of the parties and their attempts to resolve the Claim informally;
(iii) copies of relevant documents supportive of Complainant’s position; and
(iv) Complainant’s proposed resolution or remedy.
The Complaint must include all Claims that exist between the Parties at that time. Any Claim not included in the Complaint is expressly waived by the Complainant. Respondent shall have fifteen (15) days from receipt of the Complaint to file a response (the “Response”) with the Complainant and the Board. The Response must include any Claim that the Respondent has concerning the Complainant at the time that the Response is submitted to the Board. Any Claim that is not included in the Response is expressly waived by the Respondent. The Response shall include any documents, descriptions, explanations or other materials supporting the Response.
15.4 Review by Board. The Board shall undertake a reasonable review of the Complaint and the Response and shall issue a written decision, including an explanation of the reasons for the decision, within thirty (30) days of receipt of the Response. A copy of the decision shall be sent to the Parties promptly via first class mail. The Board’s decision shall be the final and binding resolution of the Claim submitted in the Complaint and the Response unless within thirty (30) days from the date that the decision is mailed either Party delivers to the Board and all other Parties a Notice of Objection to the Board’s Decision and Intent to Submit to Mediation.
15.5 Mediation.
a) Within thirty (30) days of receipt of the Notice of Objection to the Board’s Decision and Intent to Submit to Mediation, the Board shall contact the Parties with proposed mediation dates and a list of potential mediators. A neutral third-party or professional mediator that has been agreed to by the Parties shall conduct the mediation.
b) The mediation shall be held in the State of Utah at a location agreed upon by the Parties. Unless otherwise agreed by the Parties, the mediation shall take place no later than three (3) months from the date of the Board’s decision. If the Parties do not agree to extend this period and mediation does not occur within this time period, then this requirement is deemed to be satisfied.
c) Unless otherwise agreed by the Parties, all fees and costs of the mediation shall be borne by the Party submitting the Notice of Objection to the Board’s Decision and Intent to Submit to Mediation.
15.6 Arbitration.
a) All Claims between the Parties not otherwise resolved shall be submitted to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Unless otherwise agreed upon by the Parties in writing, demand for arbitration must be made within thirty (30) days of the mediation or the expiration of the period for holding the mediation as set forth above. Failure to demand arbitration within 30 days is an express waiver of the Notice of Objection to the Board’s Decision and Intent to Submit to Mediation, and upon such waiver the Board’s decision becomes the final and binding resolution of the Claims.
b) In no event shall a Party be entitled to demand arbitration of a Claim after the time for taking legal action on the Claim has expired.
c) The arbitration shall be held in the State of Utah at a location agreed upon by the Parties or determined by the arbitrator.
d) The prevailing Party in the arbitration shall be awarded its reasonable attorney fees and costs associated with the dispute. Punitive damages, however, shall not be awarded in any dispute. Judgment upon the award rendered by the arbitrator may be entered in any court within the State of Utah.
15.7 Procedures Subject to Change by Board. The procedures outlined in this Section 15 may be amended from time to time by the Board without the consent of the Owners, as the Board deems necessary, in light of experience, to better accomplish the amicable resolution of disputes arising out of the legal rights and obligations described in the Governing Documents; provided, such modifications shall not take effect until three months after a copy of the new procedures is delivered to the Owners.
15.8 Procedure for Disputes Between the Association and Members. Subject to the provisions of Section 15.2, any Member who has a dispute with the Association, the Board, or an officer, or any officer or member representing one of these groups, and who is not satisfied with the decision of the Association, the Board, or the Architectural Committee, shall follow the procedures outlined in Section 15.3 above.
WHEREAS, the Utah Legislature has adopted findings by the federal Environmental Protection Agency (EPA) determining that environmental tobacco smoke is a Group A carcinogen, in the same category as other cancer-causing chemicals such as asbestos; that there is no acceptable level of exposure to Class A carcinogens; and that exposure to environmental tobacco smoke also causes an increase in respiratory diseases and disorders among exposed persons; and furthermore, the Utah Legislature has found that environmental tobacco smoke generated in a rental unit may drift into other units, exposing the occupants of those units to tobacco smoke, and that standard construction practices are not effective in preventing this drift of tobacco smoke (see Utah Code Ann. §78B-6-1105); and
WHEREAS, the Utah Legislature has defined as a public nuisance “tobacco smoke that drifts into any residential Unit a person rents, leases, or owns, from another residential or commercial Unit and the smoke is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property (see Utah Code Ann. §78B-6-1101); and
WHEREAS, the Utah Legislature amended the Utah Community Association Act, Utah Code Ann. §57-8a-218, granting the power to community association Unit owners to amend their rules or covenants to restrict the use of tobacco products in community associations; and
WHEREAS, the tobacco smoke drifts into units from the common area and between the walls of units at Chase Lane; and
WHEREAS, the members of the Association desire to take affirmative steps to address the tobacco smoke problem and improve the quality of life for all residents at Chase Lane; and
WHEREAS, a resident at Chase Lane who might fall asleep while smoking creates a danger of fire within the smoker’s Unit and in Units within the same Building; and
WHEREAS, allowing smoking in units, common area and near Units and Buildings increases the risk of fire, which risk may increase the cost of insurance; and
WHEREAS, tobacco smoke spreads through walls to other units and can cause SIDS in babies while exacerbating allergies and other respiratory problems in the residents of Chase Lane.
NOW THEREFORE, the members of the Association do hereby adopt this smoking restriction.
16.1 Smoking Defined. The term “smoke”, “smoking” or “tobacco smoke” as used herein includes the inhaling, vaping, exhaling, burning, or carrying of any lighted cigarette, cigar or other tobacco product, marijuana, illegal substance, or any other substance or item that emits smoke or a smoke-like substance, including e-cigarettes.
16.2 Business Invitee Defined. The term “business invitee” as used herein includes but is not limited to any contractor, agent, household worker, or other person hired by the Association, a Unit Owner, tenant or Resident to provide a service or product to the Association, Unit Owner, tenant, or resident.
16.3 No Smoking. No Unit Owner, family member of a Unit Owner, tenant, lessee, resident, occupant, guest, business invitee, visitor or any other person (collectively referred to as “Resident”) shall smoke inside any Unit or anywhere within ten (10) of any Unit, dwelling, residence or Building within Chase Lane. This prohibition shall include, but not be limited to, common areas, enclosed common areas, and Units within the Project and all porches, patios, decks and parking areas at Chase Lane.
16.4 Enforcement. In the event a Unit Owner, resident, occupant, or a guest occupying a Unit violates the provisions of this Rule, any Unit Owner or Resident at Chase Lane may bring an action to enforce this Rule. The Board of Directors may bring an action to enforce this Rule but shall not be required to do unless it determines it is in the best interest of the Association to bring such an action. Each owner is responsible for the actions of all other persons residing within or visiting his/her Unit and shall be subject to disciplinary action, fines, court action, or an injunction, or any remedies available for the violation of this non-smoking restriction. If any resident or if the Association is required to hire legal counsel to enforce this non-smoking restriction, the resident or the Association shall be entitled to recover all attorney fees and costs incurred in connection with such enforcement, whether or not litigation has been commenced. The Association may collect the attorney fees and costs it incurs by any lawful means, including through the use of a special assessment levied against the owner of the Unit or through a lien.
16.5 Violation by Non-Owner. In the event any Resident, tenant, business invitee, occupant, or a guest occupying or visiting Chase Lane violates the prohibition against smoking at Chase Lane, the Board or any resident at Chase Lane may notify the owner of the offending Unit and the Unit Owner shall take prompt action to see that all smoking permanently ceases. If the Resident who violates this provision is not a Unit Owner, the Unit Owner shall evict the tenant if the tenant violates the provisions of this Rule after receiving one warning. If the Unit Owner fails to permanently cure the smoking violation within fifteen (15) days of receiving notice, the Board of Directors may, in behalf of the offended Unit Owner, file eviction proceedings against the violating Resident based on unlawful detainer resulting from the Resident’s violation of this Rule, which is deemed to be incorporated into each rental agreement. Both the tenant and the Unit Owner shall be named as defendants in the action and the Board shall be entitled to receive: (i) an order requiring the tenant to vacate the premises, (ii) damages, and (iii) recovery of its costs and attorney fees from the Unit Owner.
16.6 Existing Units Grandfathered. This Restated Declaration shall not restrict current residents and Unit Owners as of January 1, 2019 from smoking in their Unit. However, if a complaint is received by the Board from any Unit Owner complaining of a nuisance created by smoke from any Unit, patio or Lot, the Board or any Unit Owner may bring an action to prevent continued smoking in that Unit, Lot or patio. Nothing herein shall prevent the Board or the residents at Chase Lane from bringing an action under the provisions of the Utah Code abating or enjoining the nuisance created by the tobacco smoke.
16.7 Recovery. The Board or any Resident who brings legal action against a Resident that violates this Rule shall be entitled to recover costs and attorney fees from the offending Unit Owner and/or resident.
16.8 Damages. In the event that a Resident suffers any damage to personal property due to a violation of any provision of this Rule, or should an Owner’s Unit or the Association’s Common Area suffer damage due to a violation of any provision of this Rule, then the Owner of the Unit from which the violation originated, or if the violation did not originate from within a Unit, the Owner of the Unit in any way associated with the violation, shall be responsible for any and all damages caused by the violation of this Restated Declaration, except to the extent covered by the Association’s insurance. Damages may include but shall not be limited to smoke damage to clothing, carpet, walls, paint, or other items of personal property affected by the smoke.
16.9 Presumption. A Resident shall be presumed to be smoking in a Unit if a Resident in an adjoining Unit does not smoke and can smell smoke in their Unit and (i) the Resident accused of smoking has been observed smoking in or about the premises, or (ii) the Resident has admitted to being a smoker. The burden of proof shall be on the Resident accused of smoking to prove that they have not smoked in their Unit and that the smoke has come from another Unit or source.
16.10 Nothing herein shall be construed to prevent any Resident of Chase Lane from bringing an action hereunder or under the laws of the State of Utah to seek an injunction or damages against any Resident who creates a nuisance through smoking or using tobacco in a Unit or in the common area at Chase Lane, nor shall any provision hereof be construed as authorization from the Board or the Association for a Resident to smoke in a Unit or in the common area in such a manner so as to create a nuisance.
16.11 Any owner who sells his Unit shall specifically disclose to all potential buyers and real estate agents that smoking is prohibited within the Project, including within the Units. Any owner who rents or otherwise allows someone other than the owner to reside within or occupy the Unit shall disclose to all persons who reside within his or her Unit that smoking is prohibited within all units and common areas prior to their residency or occupancy.
16.12 The Board of Directors shall have the authority to assess a fine against any owner and/or resident who violates this Rule. A fine shall be in the amount of $50.00 for the first violation; $100.00 for a second violation within one year; and $250.00 for a third violation within one year.
17.1 Collecting Fees from Renters. If the Owner of a Lot who is leasing the Lot fails to pay any assessment for a period of more than 60 days after it is due and payable, the Board may require the tenant to pay to the Association all future lease payments due the Owner, commencing with the next monthly or other periodic payment, until the amount due to the association is paid.
17.2 Notice to Lot Owner. The Board shall give the Lot Owner written notice of the Board’s intent to demand full payment of all delinquent assessments from the owner’s tenant. This notice shall be sent by regular first-class mail to the last known address of the Owner, as provided on the records of the county recorder or as provided by the Lot Owner to the Board. The notice shall inform the Owner that all delinquent assessments must be paid to the Association within fifteen (15) days from the date the notice is mailed to the Lot Owner, and if payment is not received within fifteen (15) days, the Board shall notify the tenant that future lease payments shall be paid to the association and not to the Lot Owner. This notice to the Owner shall also:
a) provide that the Board will give notice to the tenant that full payment of remaining lease payments will begin with the next monthly payment unless the delinquent assessment is paid by the Lot Owner within fifteen (15) days from the date contained on the notice;
b) state the amount of the delinquent assessment due, including any interest or late payment fee;
c) state that any costs of collection, not to exceed $150, and other assessments that become due may be added to the total amount due; and
d) contain a copy of this Article authorizing the Board to collect delinquent HOA fees from tenants, and a copy of the state law (U.C.A. 57-8a-205) authorizing such action to be taken.
17.3 Notice to Tenant. If the Lot Owner fails to pay the amount of the assessment due within the fifteen (15) day period specified in the notice, the Board shall deliver written notice to the tenant that informs the tenant that all future payments due from the tenant to the Owner shall be paid to the association. The notice to the tenant shall be served on the tenant by: (1) posting a notice on the door of the tenant’s Lot; (2) mailing a notice to the tenant at the address of the Lot; or (3) delivering notice personally to the tenant. A copy of the notice shall be mailed to the Lot Owner. The notice provided to the tenant shall also state:
a) that due to the owner’s failure to pay the assessment within the time period allowed, the Owner has been notified of the Board’s intent to collect all lease payments due to the association;
b) that until notification by the association that the assessment due, including any interest or late payment fee, has been paid, all future lease payments due to the Owner are to be paid to the association; and
c) payment by the tenant to the association will not constitute a default under the terms of the lease agreement with the Lot Owner/landlord. If payment is in compliance with this notice, suit or other action may not be initiated by the Owner against the tenant for failure to pay.
17.4 Disbursement of Funds Collected. All funds paid to the association pursuant to the notice shall be deposited in a separate account and disbursed to the association until the assessment due, together with any costs of administration which may not exceed $25, is paid in full. Any remaining balance must be paid to the Owner within five business days of payment in full to the association.
17.5 Terminating Collection. Within five business days of payment in full of the assessment, including any interest or late payment fee, the Board must notify the tenant in writing that future lease payments are no longer due to the association. A copy of this notification shall be mailed to the Lot Owner.
17.6 Definition of Lease. As used in this section, “lease” or “leasing” means regular, exclusive occupancy of a Lot by any person or persons, other than the Lot Owner, for which the Lot Owner receives any consideration or benefit, including a fee, service, gratuity, or emolument.
18.1 Fair Housing and ADA Compliance. The Association is committed to following state and federal law regarding all requirements of the Fair Housing Act and the Americans with Disabilities Act, including but not limited to those provisions dealing with parking, pets (including service animals and assistance animals), and housing. The Association does not discriminate based on race, sex, religion, color, national origin, disability, source of income, or familial status. Chase Lane shall make reasonable accommodations in rules, policies, practices, or services, when such accommodations may be necessary to afford a person suffering from a disability equal opportunity to use and enjoy a unit or shall permit the disabled person the opportunity to make reasonable modifications to their unit or the common area so as to have equal opportunity and access to Association amenities. If there is any conflict between state or federal law and the Chase Lane Covenants, its Bylaws or Rules, Chase Lane will follow the provisions of the state and federal law.
19.1 External Television or Other Antennas. Antennas for radio, television, or device for the reception or transmission of radio, microwaves or other similar signals shall be installed in accordance with the Association’s Satellite Policy attached hereto as Exhibit “E”. Satellite dish antennas shall be allowed provided they are located in such areas as may be designated in the Satellite Policy and approved by the Architectural Control Committee.
20.1 Pest Control
a) Responsibility of the Association. The Association is responsible to keep the common area reasonably free from insect and pest infestations. This includes the duty to periodically spray the common area, as determined by the board of directors, for spiders and insects that may commonly enter into units if spraying is not performed. Should the Association fail to reasonably take steps to keep the common area free from pests (as defined below), and as a result that failure pests enter into a unit, the Association shall be responsible for the expenses associated with removing the pests from inside the affected unit.
b) Responsibility of Owner. Unit owners are responsible for keeping the owner’s unit free from Pests inside the unit, including but not limited to the following “Pests”: termites, mice and other rodents, cockroaches, spiders, flies, fleas, moths, beetles, or any other small insect or small animal that may enter a Unit. As part of this responsibility, each owner shall pay all costs and expenses associated with properly inspecting his unit for Pests and properly treating his unit to keep Pests from entering the unit or to remove Pests from the unit.
20.2 Unsanitary Conditions. If a unit owner creates or permits an unsanitary condition inside his unit such that Pests are present inside the owner’s unit and Pests subsequently become a nuisance to the residents of any adjoining unit, the unit owner permitting the unsanitary condition shall be responsible for the costs and expenses associated with remediating the nuisance created by Pests in any adjoining unit.
21.1 Indemnification. No Board Member, officer, or committee member shall be personally liable for any obligations of the Association or for any duties or obligations arising out of any acts or conduct said Board Member, officer, or committee member performed for or on behalf of the Association. The Association shall and does hereby indemnify and hold harmless each person who shall serve at any time as a Board Member, officer, or committee member of the Association, as well as such person’s heirs and administrators, from and against any and all claims, judgments and liabilities to which such persons shall become subject, by reason of that person having heretofore or hereafter been a Board Member, officer, or committee member of the Association or by reason of any action alleged to have been heretofore or hereafter taken or omitted to have been taken by him as such Board Member, officer, or committee member and shall reimburse any such person for all legal and other expenses reasonably incurred in connection with any such claim or liability; provided that no such person shall be indemnified against or be reimbursed for or be defended against any expense or liability incurred in connection with any claim or action arising out of such person’s willful or intentional misconduct. The rights accruing to any person under the foregoing provisions of this Section shall not exclude any other right to which such person may lawfully be entitled, nor shall anything herein contained restrict the right of the Association to defend, indemnify or reimburse such person in any proper case, even though not specifically provided for herein or otherwise permitted. The Association, its Board Members, officers, committee members, employees, and agents shall be fully protected in taking any action or making any payment or in refusing so to do in reliance upon the advice of counsel.
21.2 Other Indemnification. The defense and indemnification herein provided shall not be deemed exclusive of any other right to defense and indemnification to which any person seeking indemnification may be entitled under the Acts or under any agreement, vote of disinterested Board Members or otherwise, both as to action taken in any official capacity and as to action taken in any other capacity while holding such office. It is the intent that all Board Members, officers, and committee members be and hereby are defended and indemnified to the fullest extent permitted by the laws of the State of Utah and these Bylaws. The defense and indemnification herein provided shall continue as to any person who has ceased to be a Board Member, officer, committee member, or employee and shall inure to the benefit of the heirs, executors and administrators of any such person.
21.3 Insurance. The Board, in its discretion, may direct that the Association purchase and maintain Directors and Officers insurance on behalf of any person who is or was a Board Member, officer, committee member, Manager or employee of the Association or is or was serving at the request of the Association as a Board Member, officer, committee member, Manager, employee, or agent of another association, corporation, partnership, joint venture, trust or other enterprise against any liability asserted against, and incurred by, such person in any such capacity or arising out of such person’s status as such, whether or not the Association would have the power to defend or indemnify such person against liability under the provisions of this Article.
21.4 Settlement by Association. The right of any person to be defended and/or indemnified shall be subject always to the right of the Association through the Board, in lieu of such defense and/or indemnity, to settle any such claim, action or proceeding at the expense of the Association by the payment of the amount of such settlement and the costs and expenses incurred in connection therewith.
22.1 Amendment Recorded. All amendments to this Restated Declaration or any other governing document recorded against any Lot in Chase Lane Village must be approved by a vote of fifty-one percent (51%) of the Owners and shall be effective upon recordation in the Office of the County Recorder of Davis County, Utah.
22.2 Consent in Lieu of Vote. In any case in which there is an amendment, such amendment may be approved by the Owners by obtaining, with or without a meeting, consents in writing to such amendment from the Owners who collectively hold the required percentages, subject to the following conditions:
a) Ninety-Day Limit. All necessary written consents must be obtained prior to the expiration of ninety (90) days from the date the first written consent is obtained; and
b) Change in Ownership. Any change in ownership of a Lot which occurs after a written consent has been obtained from the Owner having an interest therein shall not be considered or taken into account for any purpose and the written consent of the new Owner must be obtained.
23.1 Enforcement. The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Failure by the Association or by an Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Any Owner or resident in violation of any restriction, condition or covenant shall, in addition to any other obligation he/she may be responsible for, be liable for the costs of enforcement and collection, including but not limited to reasonable attorney fees.
23.2 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect.
Any unit owner wishing to use or install a satellite dish or antenna (hereinafter “Dish”) on their home should review this policy prior to installation. The objective of this policy is to maintain visual attractiveness in the community.
A Dish must be one meter or less in diameter and designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. Dishes that are one meter or less in diameter or diagonal measurement and designed to receive video programming services via MMDS (wireless cable) or to receive or transmit fixed wireless signals other than via satellite may also be considered.
To assist the unit owner in complying with this policy, the unit owner may complete a Chase Lane Satellite Dish Antenna Form on the reverse side of this document. The form lists prioritized locations for the installation of a Dish. These prioritized locations have been established to help Chase Lane comply with FCC regulations and to minimize any negative visual impact the Dish may have on the appearance of the Chase Lane community.
The unit owner should have a professional representative from his/her desired satellite service provider conduct a site survey to check the listed areas to determine where an acceptable signal can be received and fill out that part of the form prior to submission.
A unit owner wishing to install a Dish must consider the first area listed below before any other location. If the first area cannot receive an acceptable signal, he/she may consider the second area. If the second area cannot receive an acceptable signal, he/she may consider the third area. If the third area cannot receive an acceptable signal, he/she may consider the fourth area.
The prioritized list of locations is as follows:
1st Area: Within the home’s deck or patio area.
2nd Area: On the home’s rear roof not visible from the street in front of the home.
3rd Area: The rear exterior wall of the home.
4th Area: On the roof of the home in an area that is least likely to be observed from the street.
If none of the prioritized areas can receive an acceptable signal, or if placement of a Dish at a particular location would cause an “unreasonable expense” (defined as an expense that is more than 25% higher than another acceptable location), the unit owner should consider another location in an area that is least likely to detract from the visual appearance of the community. If a reasonable need exists, the unit owner may consider an alternate location to the prioritized list of areas even if an acceptable signal can be received in at least one of those areas. This option should be considered if the alternate location provides a better overall visual impact to the community than do those locations on the prioritized list.
The installation of a Dish which receives a signal, but does not transmit, may be done by the unit owner or his/her designee. However, any Dish which also transmits RF radiation must be installed by a professional installer. That installer must provide documentation certifying the installation has been done in such a way as to be safe to all residents.
All owners, tenants, residents, guests, invitees who drive any form of motor vehicle onto Chase Lane are subject to the following parking rules:
1. Definition
For the purposes of these rules, vehicle is defined to include, but is not limited to: an automobile, standard size pick-up truck (or similar), van or motorcycle.
2. Temporary Parking Permitted
No long-term parking is permitted on a unit’s driveway. Temporary parking of boats, mobile homes, trailers, campers, motor homes, RVs, or similar vehicles is permitted on a unit’s driveway. As used herein, temporary parking shall mean parking of a vehicle (as referenced above) belonging to an owner, a resident, or a temporary guest for not more than 15 consecutive days, or for not more than 20 days in any 60-day period. Any parking of vehicles in excess of the number of days herein specified shall be considered long-term parking and is not permitted. Exceptions from these restrictions may be granted in unique situations after first receiving written permission from the board.
3. No Interference
No vehicle or trailer, including but not limited to any automobile, truck, van, recreational, commercial or oversized vehicle or any other transportation device of any kind may be parked or stationed in such a manner so as to inhibit or interfere with any vehicular or pedestrian traffic, to block any entrance or exit to Chase Lane, to limit access to a unit, garage or parking area, or to create an obstacle or potentially dangerous situation.
4. Cleanup
Owners are responsible for cleaning up oil drippings or any other staining fluid from their vehicles that mars, damages or creates an unsightly appearance on a driveway.
5. Inoperable Vehicles
Inoperable vehicles, unlicensed vehicles, unregistered vehicles, or vehicles without a current registration sticker, may not be parked on any portion of Chase Lane for greater than 72 consecutive hours, unless enclosed within the garage. Inoperable vehicles include vehicles with flat tires and with engine or equipment breakdown such that the car may not be operated.
The vehicles described in this paragraph may be towed from Chase Lane at the owner’s expense if not moved from Chase Lane within 72 hours of receiving notice from the Association, which notice shall consist of a written notice being placed on the windshield of the vehicle in violation or electronic notice to unit owner. Any expense incurred by the Association in connection with the removal of any vehicle shall be paid to the Association upon demand by the owner of the vehicle.
If the vehicle is owned by an Owner, any amounts payable to the Association shall be secured by the Lot and the Association may enforce collection of said amounts in the same manner provided for in this Restated Declaration for the collection of assessments. If the vehicle is owned by a non-Unit Owner, the Association shall provide reasonable notice to the Owner of the Unit where the vehicle is parked, who shall have the vehicle removed within 72 hours of receiving notice or be responsible for the expenses incurred by the Association in connection with having the vehicle removed.
6. Towing Permitted
Vehicles parked in violation of these parking rules may be fined, impounded, towed and stored, without notice and at the sole risk and expense of the vehicle owner. The Association and board members shall be indemnified, saved and held harmless from any loss, damage or claim caused by or arising out of the fining, impounding, towing, or storing of a motor vehicle due to a violation of these rules.
7. Amendment
These parking rules and regulations may be amended by the Board from time to time without a vote of the members and as authorized by Utah law.
Community Association Act, U.C.A. 57-8a-211
57-8a-211 Reserve analysis — Reserve fund
(1) As used in this section:
(a) “Reserve analysis” means an analysis to determine:
(i) the need for a reserve fund to accumulate reserve funds; and
(ii) the appropriate amount of any reserve fund.
(b) “Reserve fund line item” means the line item in an association’s annual budget that identifies the amount to be placed into a reserve fund.
(c) “Reserve funds” means money to cover the cost of repairing, replacing, or restoring common areas and facilities that have a useful life of three years or more and a remaining useful life of less than 30 years, if the cost cannot reasonably be funded from the general budget or other funds of the association.
(2) Except as otherwise provided in the governing document, a board shall:
(a) cause a reserve analysis to be conducted no less frequently than every six years; and
(b) review and, if necessary, update a previously conducted reserve analysis no less frequently than every three years.
(3) The board may conduct a reserve analysis itself or may engage a reliable person or organization, as determined by the board, to conduct the reserve analysis.
(4) A reserve fund analysis shall include:
(a) a list of the components identified in the reserve analysis that will reasonably require reserve funds;
(b) a statement of the probable remaining useful life, as of the date of the reserve analysis, of each component identified in the reserve analysis;
(c) an estimate of the cost to repair, replace, or restore each component identified in the reserve analysis;
(d) an estimate of the total annual contribution to a reserve fund necessary to meet the cost to repair, replace, or restore each component identified in the reserve analysis during the component’s useful life and at the end of the component’s useful life; and
(e) a reserve funding plan that recommends how the association may fund the annual contribution described in Subsection (4)(d).
(5) An association shall:
(a) annually provide lot owners a summary of the most recent reserve analysis or update; and
(b) provide a copy of the complete reserve analysis or update to a lot owner who requests a copy.
(6) In formulating the association’s budget each year, an association shall include a reserve fund line item in:
(a) an amount the board determines, based on the reserve analysis, to be prudent; or
(b) an amount required by the governing documents, if the governing documents require an amount higher than the amount determined under Subsection (6)(a).
(7)
(a) Within 45 days after the day on which an association adopts the association’s annual budget, the lot owners may veto the reserve fund line item by a 51% vote of the allocated voting interest in the association at a special meeting called by the lot owners for the purpose of voting whether to veto a reserve fund line item.
(b) If the lot owners veto a reserve fund line item under Subsection (7)(a) and a reserve fund line item exists in a previously approved annual budget of the association that was not vetoed, the association shall fund the reserve account in accordance with that prior reserve fund line item.
(8)
(a) Subject to Subsection (8)(b), if an association does not comply with the requirements described in Subsection (5), (6), or (7) and fails to remedy the noncompliance within the time specified in Subsection (8)(c), a lot owner may file an action in state court for:
(i) injunctive relief requiring the association to comply with the requirements of Subsection (5), (6), or (7);
(ii) $500 or the lot owner’s actual damages, whichever is greater;
(iii) any other remedy provided by law; and
(iv) reasonable costs and attorney fees.
(b) No fewer than 90 days before the day on which a lot owner files a complaint under Subsection (8)(a), the lot owner shall deliver written notice described in Subsection (8)(c) to the association.
(c) A notice under Subsection (8)(b) shall state:
(i) the requirement in Subsection (5), (6), or (7) with which the association has failed to comply;
(ii) a demand that the association come into compliance with the requirements; and
(iii) a date, no fewer than 90 days after the day on which the lot owner delivers the notice, by which the association shall remedy its noncompliance.
(d) In a case filed under Subsection (8)(a), a court may order an association to produce the summary of the reserve analysis or the complete reserve analysis on an expedited basis and at the association’s expense.
(9)
(a) Unless a majority of association members vote to approve the use of reserve fund only for that purpose, a board may not use money in a reserve fund:
(i) for daily maintenance expenses; or
(ii) for any purpose other than the purpose for which the reserve fund was established.
(b) A board shall maintain a reserve fund separate from other association funds.
(c) This Subsection (9) may not be construed to limit a board from prudently investing money in a reserve fund, subject to any investment constraints imposed by the governing documents.
(10) Subsections (2) through (9) do not apply to an association during the period of administrative control.
(11) For a project whose initial declaration of covenants, conditions, and restrictions is recorded on or after May 12, 2015, during the period of administrative control, for any property that the declarant sells to a third party, the declarant shall give the third party:
(a) a copy of the association’s governing documents; and
(b) a copy of the association’s most recent financial statement that includes any reserve funds held by the association or by a subsidiary of the association.
(12) Except as otherwise provided in this section, this section applies to each association, regardless of when the association was created.