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HomeMy WebLinkAboutA015 - Declaration of Covenants, Conditions, and Restrictions Stone Brooke Homeowners Association Covanents DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS This.Declaration, made on the date hereinafter set forth by the Stone Brooke Partnership, hereinafter referred to as "Declarant." WITNESSETH WHEREAS, Declarant is the owner of certain property in Ames, Story County, State of Iowa, which is more particularly described as: SEE SCHEDULE "A", ATTACHED HERETO AND MADE A PART HEREOF NOW, THEREFORE, Declarant hereby declares that all of the properties described above shall be held, sold and conveyed subject to the following easements, restrictions, convenants and conditions which are for the purpose of protecting the value and desirability of, and which shall run with, the real property and be binding on all parties having any right, title or interest in the described property or any part thereof, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Stone Brooke Homeowners Association, Inc., its successors and assigns which shall be the sole owner of the "Common Area." Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, but excluding those having such interest merely as securities for the performance of an obligation. If a lot is sold on contract, after the contract seller gives notice of said sale to the Secretary of the Homeowners Association as described in Article XIII, Section 7, the Owner shall be deemed to be the contract buyer for all purposes as set forth in this Declaration. In the event the contract buyer fails to comply with any of the terns as set forth in this Declaration, the contract seller shall.comply with all terms of this Declaration. As between a contract seller and a contract buyer, there will only be one owner per lot. Section 3. "Properties" shall mean and refer to that certain real property herein before described and such additions thereto as may here after be brought within the jurisdiction-of the Association. Section 4. "Common Area" shall mean all real property and improvements, if any, owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first Page 1 3/94 Stone Brooke Homeowners Association Covanents ' Lot is described as follows: Outlot A, B, C, D, E, First Addition, Stone Brooke Subdivision, in the City of Ames, Iowa It is intended there will be a number of additions and common areas which will be platted at various stages in the future. Any future common areas will be designated as the Common Area of Stone Brooke " "Addition. All Common Areas will be seeded or sodded and landscaped or maintained in their natural state. Section 5. "Lot" shall mean and refer to any Lot shown upon the recorded subdivision map of the Properties now or hereafter recorded not including common areas. Improved Lot is defined as any Lot on which a residence has been constructed, completed or is occupied. An unimproved Lot is all other Lots. Section 6. "Declarant" shall mean and refer to the Stone Brooke Partnership, their successors and assigns if such, successors or assigns should acquire the remaining unimproved Lots from the Declarant for the purpose of development. Section 7. All pronouns used herein include the male, female and neuter gender and include the singular or plural number, as the case may be. Section 8. "Additions" shall mean all subdivisions of the entire area as they are platted. Schedule "C" attached hereto is the entire area to be platted and the common area combined. It is intended that there will be a number of additions which will be platted at various stages of the development of the entire area. "Stone Brooke First Addition" is set out and described in the attached Schedules "A and B" and is the first addition to be platted. Future additions will be designated 2nd, 3rd, 4th and so on. ARTICLE II PROPERTY RIGHTS Section 1. Owners' Easements of Enjoyment. Every owner shall have a right and easement of enjoyment in and to the Common Area which shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to charge reasonable admission and other fees for the use of any recreational facility situated upon the Common Area. (b) The right of the Association to suspend the voting rights and right to use of the recreational facilities by an owner for any period during which any assessment against his Lot remains unpaid; and for a period not to exceed 60 days for any infraction of its published rules and regulations. Page 2 Stone Brooke Homeowners Association Covanents (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, with consent of the Federal Housing Authority or any government agency, if needed. No dedication or transfers shall be effective unless an instrument signed by two-thirds (2/3) of class A and B combined and two-thirds (2/3) of class C members agreeing to such dedication or transfer has been recorded. Section 2. Delegation of Use. Any owner may assign his right of enjoyment to the Common Area and facilities to the members of his immediate family, his tenants, or contract purchasers who reside on the property. ARTICLE III MEMBERSHIP AND VOTING RIGHTS Section 1. Every owner of a Lot shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. Section 2. The Association shall have three classes of voting membership: Class "A". Class "A" members shall be the owners of all Lots in the First Addition except the following: (1) The owners of Lots 1 through 10 inclusive and Lots 59 through 73 inclusive hereinafter designated as Class "B" members. (2) The Declarant who is hereinafter designated as a Class "C" member. Class "B". Class "B" members are the owners of all of Lots 1 through 10 inclusive and Lots 59 through 73 inclusive. When more than one person who is a Class "A" or Class "B" member holds an interest in any Lot, all such persons shall be members. The vote,for such Lot shall be exercised as they among themselves determine, but in no event shall more than one vote be cast with respect to each Lot for each Class "A" or Class "B" member. Class "C". Class "C" members shall be the Declarant and shall be entitled to three (3) votes for each Lot owned in each addition. The Class "C'-' membership shall cease and be converted to Class "A" or"B" membership on the happening of either of the following events, whichever occurs earliest: 1) When the total votes outstanding in the Class "A" and Class "B" membership equal the total votes outstanding in the Class "'C" membership, or (2) On January 1, 1999. Page 3 Stone Brooke Homeowners Association Covanents Section 3. In any future additions of Stone Brooke Subdivision, under any supplemental declaration; the designation of Class members for each Lot shall be determined solely by the Declarant and no consent shall be required of the Class "A" and Class "B" members of any addition to Stone Brooke Subdivision. ARTICLE IV FUTURE STONE BROOKE ADDITIONS The real estate now included in the Stone Brooke First Addition consists of the described real estate as set out in Schedule "A" attached. Stone Brooke may be further developed and platted to include all of the real estate as described in Schedule "C", upon which additional residences, garages and other improvements will be constructed, all in accordance with the following conditions: (a) The right to develop and plat Stone Brooke First Addition is reserved to the Declarant. The Declarant shall have the right to develop and plat future additions. (b) The right to develop and plat future additions shall be exercised by Declarant executing and acknowledging a Supplemental Declaration. Such Supplemental Declaration shall constitute an amendment to this Declaration of Covenants, Conditions and Restrictions. Supplemental Declarations shall be effective when recorded in the office of the Recorder of Story County, Iowa. (c) The residences to be constructed in the future additions shall be of a quality and general character equal-or superior to and compatible with the residences constructed in the first addition of the subdivision. (d) Future additions to be platted may include future common areas and said common areas in all future additions shall be deeded to Stone Brooke Homeowners Associations, Inc. which must accept the same and treat the new common area in the same manner as any existing common area. All existing Lot owners and all future Lot owners of any future addition shall be entitled to joint use of all common areas and all expenses and costs of maintaining the said common area of all additions shall be shared by all Class "A", "B" and "C" members in accordance with the assessment schedule. (e) The owners of all Lots in future additions hereafter developed shall be subject to the same terns and conditions of the existing Declaration as it may apply to them. Page 4 Stone Brooke Homeowners Association Covanents ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant, for each Lot owned within the properties, hereby covenants, and each Owner of any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association, as follows: (1) Annual assessments or charges, and (2) Special assessments for capital improvements, such assessments to be established and collected as hereinafter provided. The annual and also special assessments, together with interest, costs and reasonable attorney fees, shall be a charge on the Lot and shall be a continuing lien upon the Lot against which 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 the Lot at the time the assessment fell due. The personal obligation for delinquent assessments shall pass to his successors in title if the owner of the Lot at the time the assessment fell due did not pay said assessment. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote recreation, health, safety and welfare of the residents in the properties and for the improvement, maintenance and payment of taxes of the Common Area. As to Class "A" membership, the assessments will also pay the costs for items as set forth in Article VI. Section 3. Maximum Annual Assessment. Until January 1,of the year immediately following the conveyance of the first Lot to an owner, the minimum annual assessment shall be $50.00 per Lot for Class "A", "B" and "C" members. Thereafter, the annual assessment shall be as follows: Class "A" Members: The annual assessment shall be not more than $1200.00 per Lot and not less than $50.00 per Lot as determined by the Board of Directors. Class "B" Members: The annual assessment shall be not more then $250.00 per Lot or not Less than $50.00 per Lot as determined by the Board of Directors. Class "C" Members: The annual assessment shall be not less than $50.00 per Lot which have utilities installed and streets adjacent and no annual assessment of other class C lots. The Board of Directors may increase the assessment to an amount not exceeding the maximum annual assessment by giving 30 days written notice to each Lot owner. The minimum annual assessment shall be applicable to unimproved Lots only and shall be increased as to any improved Lots in an amount not to exceed-the maximum annual assessment as determined by the Board of Directors. A Lot shall become improved and be subject to the maximum assessment 60 days after completion of construction of Page 5 oione tsrooKe rromeowners Association Covanents residence. (a) From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased each year without a vote of the membership not more than seven per cent above the maximum assessment for the previous year. (b) From and after January 1 of the year immediately following the conveyance of the first Lot to an owner, the maximum annual assessment may be increased above seven per cent by a vote of two-thirds (2/3) of members who are voting in person or by proxy, at a meeting duly called for this purpose. Class "C" shall be entitled to three votes for each Lot owned by them pursuant to Article III. Section 4. Special assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in part or in whole, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the assent of two-thirds (2/3) of the votes of frnembers who are voting in person or by proxy at a meeting duly called for this purpose with the consent of the Federal Housing Authority or any other governmental agency, if needed. Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4 Written notice by regular mail of any meeting called for the purpose of taking any action authorized under Section 3 or 4 of these Declarations shall be delivered to all members not less than 30 days nor more than 60 days in advance of the mee#ing. Written notice may also be personally accepted in lieu of the mail. At the first such meeting called, the presence of members or of proxies entitled to cast sixty per cent .of all votes of all classes of membership shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than 60 days following the preceding meeting. A proxy may be used provided it is filed with the Secretary of the Homeowners Association prior to the meeting date for each class. Section 6. Date of Commencement of Annual Assessments. Due dates. The annual assessments provided for herein shall commence as to all Lots on the first day of the month following the conveyance of the Common Area in each addition. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment against each Lot at least thirty (30) days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every Page 6 Stone Brooke Homeowners Association Covanents Owner subject thereto. The due dates shall be established by the Board of Directors. The Association shall, upon-demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessments on a specified Lot have been paid. All assessments against improved Lots must be paid at least quarterly and unimproved Lots annually. Section 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 of the same at the current maximum interest rate allowed by state law. If a Lot is sold, the seller of said Lot must get a certificate from the treasurer of the Homeowners Association showing the payment of all assessments or the buyer of said Lot shall be liable for any unpaid assessments. 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 avoid liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot. The Board of Directors of the Association may cause a lien to be placed against any Lot for nonpayment of assessments as follows: (a) A Thirty (30) day written notice of said delinquency shall be given the Lot owner. (b) If said delinquent assessment is not paid within said thirty (30) days, a Notice of Nonpayment of Assessment shall be served on the Lot owner in the same manner as an Original Notice setting forth the Lot owner, the Lot number, the unpaid assessment and the costs of serving the same plus attorney fees. If the same is not paid in thirty (30) days, the said Notice together with proof of service and affidavit of nonpayment may be filed in the County Recorder's Office, Story County, Iowa, where the same shall be a lien against the Lot until paid plus.interest at the maximum rate allowed by state law. The lien may be foreclosed in the same manner as other liens or mortgages. (c) All Lot owners by acceptance of a deed to their Lot contractually agree to be bound by the terms of this paragraph and to all the terms and obligations of these Declarations. (d) In lieu of the above, the Board may fife a lawsuit against any Lot owner for nonpayment of assessments plus reasonable attorney fees, court costs and interest. Section 8. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to mortgage foreclosure, contract forfeiture, or any proceeding in lieu thereof, shall extinguish the lien of such assessment 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. Page 7 Stone Brooke Homeowners Association Covanents ARTICLE VI COMMON AREA Section 1. Assessments. The assessments collected under Article V shall be- used for the Common Area now in existence or thereafter platted and established under Article IV as well as for the architectural control and exterior maintenance required under Article IX. Section 2. Use of Assessments. The assessment shall be used in the common area for the following purposes which shall be used both for the Common Area now in existence or hereafter platted. , (a) Mowing grass in all Common Areas. (b) Removing snow from all sidewalks, driveways, or other locations located in the Common Area. (c) Planting and maintaining all trees, shrubs, and other landscaping located in the Common Area. (d) Maintaining, repairing or replacing any sidewalks or drives located in the Common Area. (e) Installing, repairing and replacing any playground equipment in the Common Area. (f) Repairing and replacing any swimming pools, recreational buildings or other personal property located in the Common Area which are used for the benefit of all Lot Owners. (g) Any other purposes as determined by the Board of Directors of the Homeowners Association. ARTICLE VII ALLOCATION OF ASSESSMENTS Section 1. Use of Assessments. It is understood that the assessments against each Lot in the Stone Brooke Addition now in existence or hereafter platted as set out in Article IV are to be used for exterior maintenance on all buildings located on Lots owned by Class "A" members as provided in Article IX and also for the Common Area as set forth in Article VI. None of the assessments are to be used for Lots owned by Class "B" members. In order to properly allocate the proportion of each_assessment to be used on Lots of Class "A" members and to use on Common Areas, the following guidelines shall be used: Page 8 Stone Brooke Homeowners Association Covanents (a) All Common Area assessments are to be allocated equally between each Lot now in existence or hereafter platted. (b) The total assessment received on all Lots owned by Class "A", "B" or"C" members now in-existence or hereafter platted shall be allocated to Common Area Use (Article VI) in whatever proportion the Board of Directors may decide each year on an annual basis for the year ahead. The money received from the total assessments shall be separated into two bank accounts with one bank account holding the Common Area funds (Article VI) and one bank account holding the exterior maintenance fund (Article IX). The money in each bank account shall be used solely for the purpose of that fund (Article VI or Article IX) in which it is deposited. Section 2. Ownership Units for Class "A" members. For the purpose of establishing the amount of the assessment to be assessed to each Lot on an annual basis as determined by the Board of Directors for the purpose of providing exterior maintenance, repair and replacement on the buildings of Class "A" members all as required under Article IX, the following guidelines shall be used: (a) All roof replacements to be allocated according to the number of square feet of roof area of each unit. (b) AII'lawn maintenance and snow removal shall be on an equal basis. (c) All other exterior maintenance, repair, replacement and exterior painting shall be allocated as per the following table. All decks, railings and fences are to be maintained and refinished as necessary by the individual owners. Gross area of exterior exposed walls with no allowance for openings, including garages Ownership units allocated up to 1699 sq. ft. 17 1700 -2099 sq. ft. 21 2100 -2499 sq. ft. 25 2500 -2899 sq. ft. 29 2900 - 3299 sq. ft. 33 3300 -3699 sq. ft. 37 3700 and up 41 The fractional interest as indicated with use of the above table using as the numerator the Ownership Units allocated for each living unit and the denominator the total Ownership Units allocated for all living units. This fractional interest shall be allocated to each unit in determining the assessment for exterior maintenance. Page 9 Stone Brooke Homeowners Association Covanents , ARTICLE VIII GENERAL PROVISIONS Section 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 any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter. Section 2. Severability. Invalidation of any of these covenants or restrictions by judgment or court order shall in no way affect any other property provisions which shall remain in full force and effect. Section 3. The Covenants and Restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded. The Covenants and Restrictions may be extended for additional terms of twenty (20) years any time during the current twenty (20) year term by following the procedure set forth in Section 5 of Article V. This Declaration may be amended during the first twenty (20) year period by an instrument signed by owners of at least eighty (80) percent of the Lots and thereafter by an instrument signed by owners of two-thirds (2/3) of combined classes A and B and two-thirds (2/3) of class C, with the Lot Owner to be entitled to the number of votes as set out in Article Ill. Any amendment must be recorded. In no event does this Section prohibit supplemental declarations to be exercised by the Declarant under Article IV and all provisions of Article IV and execution of supplemental declarations therein may be exercised by the Declarant (Class "C") alone without the consent of any other Lot Owners (Class "A" and "B"). Section 4. Filing a Verified Claim. The Owner of any one Lot is empowered and authorized to file a Verified Claim with the Story County Recorder, Nevada, Iowa, at any time prior to the expiration of the current twenty-one (21) year tens during which the Covenants and Restrictions are in force pursuant to the procedure, form and manner as required by Section 614.24 of the 1983 Code of Iowa. The filing of such Verified Claim by any one Lot Owner shall cause the said Covenants and Restrictions to be extended for an additional Twenty-one (21) year term for all Lots and Common Area in Stone Brooke Additions, from and after the expiration of the current 21 year term, in that particular addition. The Covenants and Restrictions may be extended thereafter for any number of additional twenty-one (21) year periods from and after the expiration of the current twenty-one (21) year period by following the same procedure of filing a Verified Claim pursuant to Section 614.24 during the twenty-one (21) year period then in existence. Section 5. Any notice required to be given under the provisions of this Declaration shall be given by regular mail or by hand delivery. Page 10 ,Stone Brooke Homeowners Association Covanents Section 6. .Unless otherwise stated at the beginning of an Article, all provisions of this Declaration shall apply equally to Class "A", "B" and "C" members. ARTICLE IX ARCHITECTURAL CONTROL AND EXTERIOR MAINTENANCE (APPLIES TO CLASS "A" MEMBERS ONLY) Section 1. Architectural Control. No building, fence, wall or other structure shall be commenced, erected or maintained upon the Properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials and location of the same 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. Approval of the Board or committee shall be by majority vote. Section 2. Exterior Maintenance. (a) The Association shall provide exterior maintenance upon each building on Lots owned by Class "A" members which is subject to assessment hereunder, as follows: paint, repair, replace and care for roofs, gutters, down spouts, exterior building surfaces, and other exterior improvements. Such exterior maintenance shall not include exterior doors, glass surfaces, screens, trees, shrubs, or any concrete surfaces such as patios, driveway and private sidewalks when they are on the owners lot. Any damage which may be covered by insurance carried by the Lot Owner under Article XV even though the Lot Owner may fail to have said insurance in force, including the deductible portion, if any, shall not be paid by the Association under this paragraph. (b) In the event that the need for maintenance or repair is caused by the willful or negligent act of the Owner, family or guests, or invitees, the cost of such maintenance or repair shall be added to and become a part of the assessment to which such Lot is subject. (c) In the event an Owner of any Lot on the Properties shall fail to maintain the shrubs and trees upon the Lot that are owned by the said Owner in a manner satisfactory to the Board of Directors, the Association, after approval of a majority of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and maintain the shrubs and trees. The Board of Directors shall be authorized to do and carry out this provision, only after giving five (5) days written notice to the Owner, setting out in such Notice what is required.to be done. Costs for such action shall be billed to the property owner. The Homeowners Association shall Page 11 Stone Brooke Homeowners Association Covanents . cut the grass and remove the snow from all walks and driveways on all Lots owned by Class "A" members. The Association shall maintain all utility lines outside of the building proper. ARTICLE X RESTRICTIONS LIMITING USE OF CLASS "B" MEMBERS ONLY Section 1. That all residences constructed by Class "B" members shall be used for single family residential purposes. Section 2.. That all residences constructed on Lots owned by Class "B" members shall be of new construction only. That single story or split-foyer style residences shall cover a foundation area of at least 1,000 square feet; a split-level or a one and one-half story style residence shall cover a foundation square foot area of at least 900 square feet, and a two-story residence shall cover a foundation square foot area of at least 720 square feet, all exclusive of porches, breezeways and garages. No structure shall be erected on a residential building Lot to exceed two and one-half stories in height. All homes shall have at least a two car space which may be a carport or garage. Section 3. That no residential Lot owned by Class "B" members in the said subdivision shall be subdivided. Section 4. That all buildings shall meet the setback requirements of the Code of the City of Ames as defined at the time of building for this P.U.D. Plan. Section 5. That the rear five (5) feet of each Lot within the subdivision shall be subject to surface drainage easements. Section 6. All buildings, designs and drainage plans of Class "B" members must be approved by the Declarant prior to commencement of construction. Section 7. In the event an owner of any Lot on the Properties shall fail to maintain the shrubs and trees or lawn in a manner satisfactory to the Board of Directors, the Association, after approval of a majority of the Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel and maintain the shrubs and trees and lawn. The Board of Directors, shall be authorized to do and cant' out this provision, only after giving five (5) days written notice to the Owner, setting out in such Notice what is required to be done. Costs for such action shall be billed to the property owner. ARTICLE XI PARTY WALLS Section 1. General Rules of Law to Apply. Each wall which is built as a part of the original construction of the homes upon Properties and placed on the dividing line Page 12 Stone Brooke Homeowners Association Covanents between the Lots shall constitute a party wail, 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. Section 2. Sharing of Repair and Maintenance. 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 use. Section 3. Destruction by Fire or other Casualty. If a party wall is destroyed or damaged by fire or other cause, any Owner who has used the wall may restore it, and if the other Owners thereaftee make use of the wall, they shall contribute to the cost of restoration thereof in proportion to such use without prejudice. However, it is the right of any such Owners to call for a larger contribution from the other under any rule of law regarding liability for negligent or willful acts or omissions. Section 4. Weatherproofing. Notwithstanding any other provisions of this Article, an Owner who by his negligence or willful act causes the party wall to be exposed to the elements shall bear the whole cost of furnishing the necessary protection against such elements. Section 5. Right to Contribution Runs With Land. The right of any Owner to contribution from any other Owner under this Article shall be appurtenant to the land and shall pass to such owner's successors in title. Section 6. Arbitration. In the event as to any dispute arising concerning a party wall, or under the provisions of this Article, each party shall choose one arbitrator, and such arbitrators shall choose one additional arbitrator, and the decision shall be by a majority of all the arbitrators. All arbitration to be conducted under the provisions of Chapter 679A of the 1983 Code of Iowa, and any arbitrator selected must be a qualified arbitrator. Section 7. Encroachment. Upon any party wall, there may be an encroachment of not more than six inches in laying the foundation upon an adjoining Owner's Lot so that the footing on which rests the party wall, may extend not more than six inches over on the property owned by said Lot Owner. There may further be an encroachment of not more than two feet in any roof overhang so that a roof overhang belonging to one Lot Owner may hang not more than two feet over the property of an adjoining property owner where there is a difference in the height of the two adjoining buildings. Page 13 Stone Brooke Homeowners Association Covanents .. ARTICLE XIl RESTRICTIONS ON USE OF LAND (APPLIES TO CLASS "A" MEMBERS ONLY) Section 1. No animals, livestock, poultry or horses of any kind shall be raised, bred, kept, or used on any Lots, or Common Area except that dogs, cats or other household pets may be kept, provided they are not kept, bred or maintained for any commercial purpose. In no event shall such animal be kept on any Lot if they unreasonably disturb the Owner or residents of any other Lot. All animals shall be confined on the Owners Lot and no animal shall be allowed or permitted on the Common Area, except when on, a leash or when in direct and constant control of the Owner thereof or a member of his family. No more than two dogs or two cats or one of each shall be allowed in any household. No dog runs, dog houses or other enclosed or fenced areas used for dogs or other pets shall be allowed on any Lot. Section 2. No fences, hedges, or walls shall be erected or maintained without the approval of the Board of Directors or the Architectural Committee as set out in Article IX. ARTICLE XIII RESTRICTIONS ON USE OF LAND (APPLIES TO CLASS "A" AND "B" MEMBERS ONLY) Section 1. Each Lot in the Properties is hereby restricted to residential use and uses related to the convenience and enjoyment of such residential use. In no event, . shall more than three unrelated persons occupy, use, purchase, own, rent or live in any of the homes, garages, or townhouses as now located on said premises or Properties or which may hereafter be built for the purpose of residential use. This shall not preclude the use of any recreational building, pool, courts or other areas in the Common Area from being used by guests or unrelated persons so long as they don't occupy or live thereon for residential use. No structure of a temporary character, trailer, tent, shack, garage, bam or other outbuildings shall be used on any portion of any Lot or Block at any time as a residence, either temporary or permanent. Any violation of this Section shall be cause for.a temporary or permanent injunction to be granted by the-Court against that person or persons violating the said Section as well as a judgment against that person or persons for costs, interest and reasonable attorney fees. No metal or storage outbuildings may be used or erected on any Lot. Section 2. No advertising signs (except one of not more than two (2) square feet, "For Rent" or"For Sale" sign per lot), billboards, unsightly objects, or nuisances shall be erected, placed or permitted to remain on any Lot, nor shall any Lot be used in any way for any purpose which may endanger the health or unreasonably disturb the Owner of any Lot or any resident thereof. However, the foregoing covenants shall not apply to the business activities, signs and billboards or the construction and maintenance of structure, if any, of the Declarant during the construction and sale Page 14 Stone Brooke Homeowners Association Covanents period, and of the Association, in furtherance of its powers and purposes as set forth herein. Section 3. Equipment, trash cans, garbage cans, and wood piles shall be kept screened by adequate planting or fencing so as to conceal them from view of neighboring Owners of Lots. All rubbish, trash or garbage shall be regularly removed from each Lot and shall not be allowed to accumulate thereon. No trash burning shall be permitted on any Lot. Section 4. No exterior television or radio antennas or clothes lines of any sort shall be placed, allowed or maintained on any portion of the improvements to be constructed upon any Lot. Section 5. No automotive repair or rebuilding or any other form of automotive manufacture, whether for hire or otherwise, shall occur on any Lot, block or Common Area or driveway in the said subdivision. Section 6. No snowmobiles, motor carts, motorbikes, motorcycles, minibikes or any other motorized recreational vehicle shall be allowed in the Common Area. Section 7. Any Lot Owner who shall sell, convey or dispose of his interest in any Lot shall be required to notify the Board of Directors of the Association of said sale within thirty (30) days of said sale and furnish a copy of said deed or contract along with the name of the new owner. The Lot Owner who shall sell or dispose of his interest shall turn over and assign to the new owner his vote in said Association and his or her copy of the Declaration and Articles of Incorporation. . Section 6. No recreational vehicles, including boats, travel trailers, pickup trucks with camper on back,motor homes, fold-down campers or such other type of recreational vehicle shall be allowed on any Lot for more than 48 hours. Section 9. No portion of the front part of private land shall be devoted to vegetable gardening. Small patio garden areas shall be tastefully incorporated into landscaping. Section 10. Plantings in Common Areas must be approved by the Grounds Committee. ARTICLE XIV EASEMENTS (APPLIES TO CLASS "A" MEMBERS ONLY) Section 1. Easement for Minor Encroachments. Each Owner of any Lot covenants that if any portion of any improvement whether the same be an improvement of an Owner or of the Association, encroaches upon a Lot, a valid easement for the encroachment and for the maintenance of same, so long as it now stands, shall and Page 15 Stone Brooke Homeowners Association Covanents- does exist. In the event an improvement is partially or totally destroyed and reconstructed, each Owner of any Lot further covenants at that time that minor encroachments of any portion of an improvement, whether of an Owner or of the Association, upon a Lot due to construction shall be permitted, and that a valid easement for said encroachment and the.maintenance thereof shall exist. Section 2. Association Easement. Each Owner of any Lot covenants that the Association or its designees shall have an easement in, on, across, over and under such Lot to permit the Association to effect any desired or necessary maintenance or repairs, including but not limited to, the maintenance and repairs listed in Article IX hereof, or the installation of such items as are common to all Owners. ARTICLE XV COVENANT FOR INSURANCE (APPLIES TO CLASS "A" MEMBERS ONLY) Section 1. Maintenance of Insurance. Each Owner of any Lot by acceptance of a deed or contract therefor, whether or not it shall be so expressed in any such deed or other conveyance, covenant and agrees to carry, maintain, and timely pay the premium or premiums on a policy of insurance on the improvement located on the Lot protecting such improvement against damage or destruction by fire, lightning, windstorm, hail, explosion, vandalism, and miscellaneous mischief, and all other hazards as are generally carried in the area under standard extended coverage provisions for at least the full replacement costs of the improvements located on each Lot. In order to protect and preserve the values and amenities of the Properties, each Owner covenants that he will not allow or permit the improvements on any Lot to remain in a damaged or destroyed condition beyond a reasonable period of time, which shall be not,more than 180 days unless extended by the Board of Directors of the Homeowners Association. Each Owner covenants that the insurance policy as provided for herein shall be issued in the name of the Owner and Association and that then in the event of any loss or destruction, the proceeds thereof shall be payable to the Owner and the Association, except that in the event the recovery paid by insurance company exceeds the actual amount required to repair damage, such amount of excess will be payable to the owner. The Owner shall furnish the Association with a certificate of insurance covering such insurance so maintained by the Owner. In lieu of an insurance policy, the owner may pledge cash or post a surety bond with the Association in an amount not less than the value of the building which would be insured with the said value of the bond or savings account to be determined by the Association. Section 2. Repair and Restoration of Improvement. In the event of damage to or destruction of an improvement on a Lot due to fire, or other disaster or cause, the Owner shall repair, rebuild and restore said improvement to a condition substantially Page 16 Stone Brooke Homeowners Association Covanents similar to the condition it was in prior to the damage or destruction within a reasonable time from the date the damage or destruction occurs. In the event an Owner fails or refuses to repair, rebuild and restore such improvements as provided herein, each Owner on any Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any deed or conveyance, hereby irrevocably constitutes and appoints the Association his true lawful attorney in fact, in his name, place and stead, and with full and complete authorization, right and power to collect the proceeds of the insurance policy described in Section 1 of this Article, in its sale name and to cause the repair, reconstruction, and restoration of such improvements and to pay for same with said insurance proceeds. An Owner shall have no claim against the Association in the event it collects the proceeds of such insurance policy and uses same to repair, restore, and reconstruct such improvements, except as provided in Section 1 of this Article. The Owner shall have claim for any excess recovery funds which were not needed to actually effectuate the required repairs. Nothing herein shall preclude an Owner from obtaining whatever additional insurance he may desire, and it shall be the individual responsibility of each Owner to provide homeowner's liability insurance, theft, and other insurance covering personal property damage or loss. Section 3. Lien for Premiums. The Association may, but shall not be required to, make payment of insurance premiums on behalf of any Owner who becomes delinquent in such payment. In the event that the Association does make any such payment, then such payment and the cost thereof shall be added to and become a part of the annual assessment or charge to which such Lot is subject, and, as part of such annual assessment or charge, it shall be a lien and obligation of the Owner, and shall become due and payable in all respects. ARTICLE XVI HOMEOWNERS ASSOCIATION Section 1. Each Owner or Co-owner shall own his own Lot and shall have,one vote for each Lot owned in the Stone Brooke Homeowners Association, Inc. The Association shall own all of the Common Area and improvements thereon as described in Article I, and shall also own any future Common Area platted as part of any future addition. Any conveyance, sale or transfer by any Lot Owner of Class "A" or Class "B" membership of his Lot shall automatically transfer and assign to the new Lot Owner this interest in the share of stock in the Association as to that Lot and the previous Owner shall have no further rights in connection with said Association-as to that share of stock. The sale or conveyance, whether by contract or deed, of any Lot owned by a Class "A" or Class "B" member to a new owner shall be sufficient notice for the Secretary of the Association to change and transfer the share of stock in said Association to the new owner and no further assignment or transfer of the share of stock in said Association shall be necessary. This shall not apply to the sale or conveyance of a Lot for the purpose of securing a mortgage or security interest. Page 17 Stone Brooke Homeowners Association Covanents , ARTICLE XVII EASEMENTS Section 1. There are certain easements and right-of-way permits which are required for the proper use and development of the lots in the subdivision and each of the following Lot Owners will either own title subject to an easement on their lot for the benefit of an adjoining lot or will have the right to use an easement on an adjoining lot all in First Addition, Stone Brooke Subdivision, Ames, Iowa, as follows: (a) A perpetual special utility easement is reserved and exists and is granted over and across the North Twenty (20) feet of Lot 39 to the owner of Lot 40. (b) A perpetual special utility easement is reserved and is granted over and across the North Twenty (20) feet of Lot 41 to the owner of Lot 42. (c) A perpetual special utility easement is reserved and exists and is granted over and across the South Twenty (20) feet of Lot 44 to the owner of Lot 45. (d) A perpetual special utility easement is reserved and exists and is granted over and across the South Twenty (20) feet of Lot 46 to the owner of Lot 47. (e) A perpetual special utility easement is reserved and exists and is granted over and across the South Twenty (20) feet of Lot 50 to the owner of Lot 49. Section 2. All of the easements in Section One shall be perpetual easements granted to the designated adjoining lot owners to cover the overlap of existing sanitary sewer, water and sump services. These are required to allow the designated adjoining Lot Owners to have access to their services in order to make repairs and improvements to their existing sanitary sewer, water and sump services. These are part of the adjoining Lot Owners utility services but are located on the lot belonging to the Grantor of the easement. Section 3. The grantor of the easements may construct asphalt or concrete drives, sidewalks and plant materials on these easements but no buildings may be constructed thereon. The foregoing right and easement is granted upon the express condition that the grantee of the easement will assume liability for all damage to the property of the grantor of the easement and will make all repairs and assume all expense required if it is necessary to go upon or excavate any plants, drives or sidewalks located on the grantor's lot, and will restore the property to the same condition as originally existed all at the expense of the grantee. Section 4. A further general utility perpetual easement is hereby reserved for general drainage purposes over and across the West Ten (10) feet of Lots 1 through Lot 14, inclusive, First Addition Stone Brooke Subdivision, Ames, Iowa. Page 18 Stone-Brooke Homeowners Association Covanents Section 5. Each of the grantors and grantees of the above easements do by the granting, acceptance and use of said easements jointly and severally agree to release each other, the Declarant, the City of Ames, Iowa, and future assigns from any and all liability, cause of action or claims as a result of the use of said easements or making any repairs or improvements thereon by either the grantor or grantee of said easement or any of their assigns. IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set their hand and same being done on this 19th day of March, 1984. /s/ Stone Brooke Partnership, Duly Acknowledged By E. A. Hunziker, General Partner and by Frank W. Allen, General Partner SCHEDULE A Lots 1 through 73 inclusive and Outlots A, B, C, D and E inclusive, First Addition, Stone Brooke Subdivision, in the City of Ames, Iowa, all as set out in the attached plat marked Schedule "B". SCHEDULE C The East One-half of the Northwest Quarter(E 1/2 - NW 1/4) of Section 27, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, EXCEPT for a tract of land described as beginning at the center of said Section 27; thence South 880 36' West 850.0 feet along the South line of the Northwest Quarter (NW 1/4) of said Section 27 and the centerline of road; thence North 400 feet parallel to the North and South Quarter (1/4) Section line; thence North 880 36' East 480.96 feet parallel to the East and West Quarter (1/4) Section line; thence North 80 30' East 264.10 feet; thence North 880 36' East 330.0 feet parallel to the East and West Quarter (1/4) Section line; thence South 660.0 feet on the North and South Quarter (1/4) Section line to the point of beginning. Page 19 Stone Brooke Homeowners Association Covanents SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS Stone Brooke Partnership, By E. A. Hunziker, General Partner Supplemental Declaration of and By . Covenants, Conditions and Frank W. Allen, General Partner Restrictions To Dated: November 16, 1988 The Public Filed: December 2, 1988 Recorded in Book 274 Page 1 WHEREAS, said original Declaration was filed to include First Addition, Stone Brook Subdivision, and pursuant to Article IV (b) and (d) of said Declaration additional additions and subdivisions may be filed in the future as follows: ARTICLE IV: (b) The right to develop and plat future additions shall be exercised by Declarant executing and acknowledging a Supplemental Declaration. Such Supplemental Declaration shall constitute an amendment to this Declaration of Covenants, Conditions and Restrictions. Supplemental Declarations shall be effective when recorded in the office of the Recorder of Story County, Iowa. (d) Future additions to be platted may include future common areas and said common areas in all future additions shall be deeded to Stone Brooke Homeowners Association, Inc. which must accept the same and treat the new common area in the same manner as any existing common area. All existing Lot owners and all future Lot owners of any future addition shall be entitled to joint use of all common areas and all expenses and costs of maintaining the said common area of all additions shall be shared by all Class "A", "B" and "C" members in accordance with the assessment: schedule. WHEREAS, Stone Brooke Partnership desires to file a new subdivision and addition to be known as Second Addition, Stone Brooke Subdivision, Ames, Iowa, and pursuant to the provisions contained in Article IV (a), (b), (c), (d) and (e) the undersigned partnership as Declarant does hereby execute this Supplemental Declaration as set forth below, and WHEREAS, there was a First Amendment to Declaration of Covenants, Conditions and Restrictions for Stone Brooke Partnership which was subsequently filed in the Recorder's Office, Story County, Iowa, on April 28, 1986 in Book 234 on Page 125 which related to the allocation of assessments and which is a permanent part of the declaration as amended, and WHEREAS, Declarant is the owner of certain property in Ames, Story County, Iowa, which is to be used in Second Addition, Stone Brooke Subdivision, Ames, Iowa and which is more particularly described as: Page 20 Stone Brooke Homeowners Association Covanents A part of the El/2 of the NW1/4 of Section 27, Township 84 North, Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa; described as follows: Commencing at the SE Comer of the NW1/4 of Section 27, Township 84 North, Range 24 West of the 5th P.M., in the City of Ames, Story County, Iowa; thence N 00024'20" E, 660.00 Feet along the east line of the NW1/4 of said Section 27, to the Point of Beginning; thence continuing N 00024'20" E, 602.35 feet along the east line of the NW114; thence S 88014'01" W, 150.12 feet;'thence S 64030'34" W, 69.63 feet; thence N 74039'03" W, 120.11 feet; thence N 79053'17" W, 303.29 feet; (the following calls are along the northeasterly lines of the First Addition of Stone Brooke Subdivision) thence S 13011'40" E, 318.83 feet; thence S 11020'44" E, 60.03 feet; thence S 15022'10" E, 121.17 feet; thence N 74037'50" E, 120.00 feet; thence S 16034'24" E, 212.70 feet; thence N 89004'00" E, 330.00 feet along a line parallel with the south line of the NW1/4, to the Point of Beginning, NOW THEREFORE, Declarant hereby declares that all of the property described above hereto to be hereafter known as Second Addition, Stone Brooke Subdivision . shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions as contained in the Declaration filed on April 13, 1984 in Book 211 on Page 88 in the Recorder's Office, Story County, Iowa,-and as later amended in a First Amendment filed for record April 28, 1986 in Book 234 on Page 125 in the Recorder's Office, Story County, Iowa, Declarant further states that all of the Declaration of Covenants, Conditions and Restrictions as used in the First Addition, Stone Brooke Subdivision and as amended in the First Amendment to Declaration of Covenants, Conditions and Restrictions described above are to be incorporated in and made a part of this Supplemental Declaration as though fully set forth herein and all of the real estate of the Second Addition, Stone Brooke Subdivision and of the common area of the Second Addition, Stone Brooke Subdivision described above are to be subject to the same terms, conditions and requirements of the original Declaration as recorded in Book 211 on Page 88 and also the Amendment to Declaration recorded in Book 234 on Page 125 as though the same were fully set forth herein. Declarant further states that this Supplemental Declaration is intended to be an Amendment to the original Declaration and is incorporated therein as though fully set forth herein. Page 21 Stone Brooke Homeowners Association Covenents' Stone Brooke Partnership By E.A. First Amendment to Declaration Hunziker, Partner and . of Covenants, Conditions, and Marilyn Sealine and Louis Toft Restrictions and William Baird and Richard Crovisier and Bill Allen and H & F Partnership By E.A. Hunziker and Lawrence Johnson and Gary Hunziker, No Status Shown To: Dated: April 28, 1986 Filed: April 28, 1986 The Public Recorded in Book 234 Page 125 The following amendments shall be made and shall replace the present sections. This amendment has been passed and is being recorded according to Article III and Article VIII Section 3 of the Declaration of Covenants, Conditions and Restrictions as recorded in Story County, Iowa. I Article VIII requires approval by owners of at least 80% of the ???s which would be 126 votes. 124 votes were cast in favor of the proposed amendment (126 votes by Declarant and 8 votes by Owners). /s/ President State Broker, Homeowners Association, Inc, By Bill Page 22