HomeMy WebLinkAboutResolution No. R21-50RESOLUTION NO. R21-50
RESOLUTION OF INTENT TO APPROVE THE APPLICATION FOR BITTERROOT
GROVE TOWNHOMES, A SIXTY UNIT PLANNED UNIT DEVELOPMENT AS AN
ADDITION TO THE CITY OF LAUREL WITH CHANGES.
WHEREAS, the Planned Unit Development Application ("PUD") was submitted to the
City of Laurel by an agent for the property owner ("Petitioner") of Block 6, Lots 1-12, and Block
7, Lots 1-12, Nutting Brothers Subdivision, seeking approval for the Development Application to
include annexation to the City of Laurel, zoning, and a variance to lot size; and
WHEREAS, Petitioner constitutes the owner of the entire property which is subject to the
application submitted to the City for approval; and
WHEREAS, the Laurel City -County Planning Board reviewed the Planned Unit
Development Application, at a duly advertised public hearing that was held on May 19, 2021 and
a second subsequent public hearing on August 18, 2021; and
WHEREAS, the Laurel City -County Planning Board heard testimony from Petitioner and
his Agents who spoke as proponents of the requests and testimony from individuals who resided
near the proposed development area; and
WHEREAS, based on the evidence and testimony provided at the two public hearings the
Laurel City -County Planning Board approved a motion to recommend the approval of the PUD
application to the Laurel City Council with the following recommended changes:
1. The Property shall be cleared of personal property, debris, and refuse prior to final approval
of the PUD and Variance application.
2. A landscaping and maintenance plan shall be submitted to and approved by the City after
it finds the plan sufficient enough to ensure the development does not operate or become a
nuisance.
3. The proposed Water system shall be approved by the contracted city engineer, KLJ Inc.
and the Laurel Department of Public Works.
4. The proposed Wastewater system shall be approved by the contracted city engineer, KLJ
Inc. and the Laurel Department of Public Works.
5. The proposed Stormwater system shall be approved by the contract city engineer, KLJ Inc.
and the Laurel Department of Public Works.
6. Weed Management Plan shall be completed and approved by the Yellowstone
County Weed District.
7. The alleyways within Blocks 6 and 7 of the Nutting Brothers Subdivision shall be
abandoned via a petition to abandon.
8. Utility access easement documents shall be filed for the abandoned portions of
Blocks 6 and 7 of the Nutting Brothers Subdivision.
9. A survey shall be filed aggregating the lots within Blocks 6 and 7 of the Nutting
Brothers Subdivision.
R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
10. Details on the legal description of the lots in the northwest corner of Block 6, Nutting
Brothers Subdivision, shall be provided to the City in order to determine the scope of
project.
WHEREAS, the City Council held a public hearing on July 13, 2021 on the proposed PUD
application as well as the annexation and variance requests submitted by the Petitioner and sent
the proposed development back to the Planning Board for further proceedings and work; and
WHEREAS, the City Council held a subsequent public hearing on September 14, 2021 in
which it gathered public comment regarding the application and based upon the documents
contained in the City's File, and testimony and evidence submitted during the public hearings, the
City Council has determined it is in the City's best interest to consider the approval of the
Petitioner's application subject to the changes and findings contained staff report dated August 25,
2021 being completed.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Laurel
hereby approves the Resolution of Intent to adopt the Bitterroot Grove Townhomes Planned Unit
Development subject to the changes and conditions herein,
Petitioner's application for the Planned Unit Development known as the Bitterroot Grove
Townhomes is under consideration of approval, subject to the changes contained in the
Staff Report dated August 25, 2021, and findings specified herein being completed.
The City Council hereby adopts the changes, findings, and recommendations contained in
the Staff Report dated August 25, 2021, as its findings and recommendations for future
approval.
3. The City Council's intention to approve is specifically conditioned on the satisfactory
completion of the changes, findings, and recommendations adopted herein.
4. Pursuant to City Ordinance, the City shall record this resolution, the development plan and
any other associated agreements or documents with the Yellowstone Count Clerk and
Recorder upon future approval.
Introduced at a regular meeting of the City Council on September 14, 2021, by Council
Member Stokes.
PASSED and APPROVED by the City Council of the City of Laurel this 14'^ day of
September 2021
APPROVED by the Mayor this 14" day of September 2021.
CITY OF LAUREL
T omas C. Nelson, ayor
R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
W
BethanyZangA CtXC-Treasurer, Clerk -Treasurer
Approved
Sam Painter, Civil City Attorney
R21-50 Conditional Approval for PUD Application for the Bitterroot Grove Townhomes
LAUREL CITY -COUNTY PLANNING DEPARTMENT
STAFF REPORT & FINDINGS OF FACT
TO: Laurel City -County Planning Board
FROM: Nicholas Altonaga, Planning Director
RE: Planned Unit Development — Bitterroot Grove Townhomes
DATE: August 25, 2021
A Planned Unit Development (PUD) application and supplemental was submitted by Forrest
Mandeville of Forrest Mandeville Consulting and Engineering West on behalf of Darrel Dyer for
the parcels at 1304 E. 8th Street, between Fir and Juniper Avenues. The Applicant has proposed
the Bitterroot Grove Townhomes, a 60 -unit Planned Unit Development with age -restricted
units for those 55 and older. This PUD application also includes a request for annexation and a
variance. The Application contains all the necessary components of the PUD, Variance, and
Annexation applications. The property is currently owned by Elvira and James Cotter, with
purchasing agreements in place. The property currently has a great deal of personal property,
debris, and materials on site and is an overgrown state.
The Planning Board shall consider the Annexation and zoning of the parcels in question, as well
as the preliminary plan approval of the PUD application with the related variance for project
size.
Owner: James Cotter, Elvira Cotter (Under Contract for sale)
Legal Description: NUTTING BROS SUED, S10, T02 S, R24 E, BLOCK 6, Lots 1 - 12, BLOCK 6,
Lots 1 - 12
Subdivision size: 4.68 Acres
Existing Land Use: Residential, Vacant
Proposed Land Use: Residential Planned Unit Development
1. A pre -application meeting for the Planned Unit Development took place on June 23,
2020 between the Applicant, their engineers, and City Staff.
2. The Application for the Planned Unit Development, Annexation, and Variance and their
supporting documentation was submitted on March 15, 2021.
3. The City Staff Design Conference took place on April 27, 2021.
4. The Planning Director transmitted a letter of findings to the Applicant and their
developer on May 7, 2021.
5. The Applicant and their developer resubmitted documents to the Planning Department
on May 17, 2021.
6. The Planning Board held a public hearing on the proposed Planned Unit Development,
Annexation, and Variance applications on May 19, 2021.
7. The Planning Director worked with the Applicant and their contractor to update the
Annexation Agreement and HOA Bylaws as discussed at the May 19th meeting.
8. The Planning Board has scheduled a second public hearing on the proposed Planned
Unit Development, Annexation, and Variance applications for June 16, 2021.
9. The Planning Board lacked a quorum at the scheduled public hearing on June 16, 2021.
10. The Planning Director forwarded the materials and documentation for the Bitterroot
Grove Townhomes Annexation, Variance, and Planned Unit Development to the City
Council on June 25, 2021.
11. The City Council held a public hearing on the Planned Unit Development, Annexation,
and Variance applications on July 13, 2021
12. The City Council decided that the information provided was insufficient to approve the
application and returned it to Planning Board for further review.
13. August 18, 2021— Public Hearing Held for Planned Unit Development at Planning Board.
Planning Board Members recommended the approval of annexation and preliminary
approval of the Bitterroot Grove Townhomes Planned Unit Development with the stated
conditions of approval.
14. September 14, 2021— Laurel City Council shall hold a public hearing on the applications
for Annexation and Zone Change, Planned Unit Development, and Variance.
1. The Application for PUD, Annexation, and Variance contain all the necessary items.
2. Annexation has been requested to hook the property into the municipal water and
wastewater system, as well as garbage pick-up.
3. A variance has been sought for the minimum size requirements of a Planned Unit
Development stated in the Laurel Municipal Code. '
a. Laurel Municipal Code requires a minimum of 5 acres for a PUD
b. The proposed PUD is 4.68 acres.
4. The Applicant has proposed private interior streets with gated entrances.
5. Gated entrances shall be accessible by all Laurel EMS, Fire, and Police departments, as
well as code enforcement and public works where necessary.
6. The Applicant has proposed private internal water and sewer connections.
7. The Applicant has proposed a water meter building, to manage the interior water
system of the development.
8. The proposed project would improve a largely vacant, blighted lot with a dense
residential development.
9. The application includes bylaws for a townhouse association to manage the property.
10. The subsequent submittal of documents on May 17 included a landscaping plan and
weed management plan.
11. An Annexation Agreement was provided with the application which specifies adjacent
public improvements, development standards, and other requirements for annexation
into the City of Laurel.
12. Updated site plans were submitted to the City detailing the water and sewer lines to be
installed.
LMC 17.32.020 — Review and Approval, Part D states:
"Within thirty days after the design conference, the application shall be reviewed by the city -
county planning board and recommendations cased on the comments from the design
conference and the criteria contained in the subdivision regulations shall be forwarded to the
zoning commission. The comments from the design conference shall be forwarded to the
planning board, zoning commission and developer within five working days after the
conference."
RECOMMENDATIONS
The Planning Director recommends approval for the Annexation and Zone Change to PUD —1
Planned Unit Development 1 with the following conditions.
1. The property and adjacent rights-of-way shall be cleared of personal property, debris,
and refuse within 90 -days of annexation approval.
2. The Annexation Agreement, Waiver of Right to Protest, and the City Council Resolution
approving annexation shall be filed with the Yellowstone County Clerk & Recorder
within 90 -days of annexation approval.
3. All construction and installation of public improvements must be completed within two
years of annexation.
4. If the public improvements are not constructed at the time of annexation, the property
owner shall provide the city a bond or letter of credit that equals 125% of the estimated
engineering costs for the construction of improvements. If the property owner fails to
construct the improvements or to obtain the agreed upon engineering, the city shall
utilize the bond or letter of credit to pay for the construction, including engineering; In
accordance with GASB -34, the Developer of Landowner shall provide the city the total
cost and/or value of the improvements including, but not limited to, parks, sidewalks,
curb and gutter, lift stations, and sewer and water lines, that are conveyed to the city.
The Planning Director recommends that Planning Board grant preliminary approval to the
Planned Unit Development plan and variance with the following conditions:
1. The Property shall be cleared of personal property, debris, and refuse prior to final
approval of the PUD and Variance application.
2. A landscaping and maintenance plan shall be submitted to and approved by the City
after it finds the plan sufficient enough to ensure the development does not operate
or become a nuisance.
3. The proposed Water system shall be approved by the contracted city engineer, KU
Inc. and the Laurel Department of Public Works.
4. The proposed Wastewater system shall be approved by the contracted city engineer,
KU Inc. and the Laurel Department of Public Works.
S. The proposed Stormwater system shall be approved by the contract city engineer,
KU Inc. and the Laurel Department of Public Works.
6. Weed Management Plan shall be completed and approved by the Yellowstone
County Weed District.
7. The alleyways within Blocks 6 and 7 of the Nutting Brothers Subdivision shall be
abandoned via a petition to abandon.
8. Utility access easement documents shall be filed for the abandoned portions of
Blocks 6 and 7 of the Nutting Brothers Subdivision.
9. A survey shall be filed aggregating the lots within Blocks 6 and 7 of the Nutting
Brothers Subdivision.
10. Details on the legal description of the lots in the northwest corner of Block 6,
Nutting Brothers Subdivision, shall be provided to the City in order to determine the
scope of project.
ATTACHMENTS
1. PUD Written Statement
2. Annexation Application
3. Annexation Agreement (updated)
4. Waiver of Right to Protest (updated)
S. Variance Application and Request Letter
6. PUD Layout/Design
7. PUD Landscaping Plan
S. Bylaws of Bitterroot Grove Townhomes Association (updated)
9. Images of proposed townhome design '
10. Planner Letter to the Applicant (dated 5/17/2021)
11. Comments from Ryan Welsh, Engineer at KU, on proposed Water/Sewer expansion
(dated June 8, 2021)
AFFIDAVIT OF WAIVER OF PROTEST
BEFORE THE CITY COUNCIL
OF THE CITY OF LAUREL, MONTANA
FOR THE ANNEXATION OF THE HEREIN DESCRIBED PROPERTY AND CREATION OF
ANY FUTURE SPECIAL IMPROVEMENT DISTRICT
The undersigned hereby waives protest to the annexation of the property described below by the
City of Laurel. Undersigned also waives their right to seek judicial review under M.C.A.
§ 7-2-4741 (2007), subsequent to the City's annexation of the below described property.
The undersigned hereby additionally waives protest to the creation of future Special Improvement
District(s) created and/or formed for future street improvements including, but not limited to, paving,
curb, gutter, sidewalk and storm drainage or any other lawful purpose.
This Affidavit is submitted pursuant to and as a part of the Annexation Agreement and future
contemplated Subdivision Improvement Agreement (SIA) with the City of Laurel.
This Affidavit of Waiver shall run with the land and shall forever be binding upon the Grantee, their
transferees, successors and assigns.
LEGAL DESCRIPTION OF THE PROPERTY:
Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
tf abandoned portion of Hazel Avenue between Blocks 6 and 7
DATED this day of 20
Darrell Dyer, Bitterroot Group, LLC
Grantee Name
(Company..)
STATE OF )
) ss.
County of )
On this _ day of , 20_, personally appeared before me,
proved to me on the basis of satisfactory evidence to be
the person(s) whose name(s) are subscribed to this instrument, and acknowledged the he/she/they executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal on the day
and year in this certificate first above written.
(SEAL)
1
Notary Public for the State of
Residing at:
My Commission Expires:
CITY OF LAURELS MONTANA
REQUEST FOR ANNEXATION
AND PLAN OF ANNEXATION
lnolicant is required to meet with the City Planner prior to linin = out this
_n li; do All blanks of this application are to be filled in with explanation
by the applicant. Incomplete applications will not be accepted.
Only parcels of land adjacent to the City of Laurel municipal limits will be considered for
annexation. "Adjacent to" also includes being across a public right of way. If the parcel
to be annexed is smaller than one city block in size (2.06 acres), the city council must
approve consideration of the request; the applicant must make a separate written request
to the city council stating their wish to annex a parcel of land less than one city block in.
Once the council approves the request, the applicant can apply for annexation.
2. Applicant landowner's name: Darrell Dyer - Bitterroot Group, LLC
Address: PO Box 908, Laurel, MT 59044
Phone: 701-651-5572
Parcel to be annexed: (If it is not surveyed or of public record, it must be of public record
PRIOR to applying for anWA'�% Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
Legal description -abandoned_portinn of Hazel Avenue between Blorks 6 and 7
Lot size: 4.68 acres
Present use: Residential and vacant land
Planned use: 60 Unit Planned Unit Development Townhome Project (Bitterroot Grove Townhomes)
Present zoning: R-200
(Land which is being annexed automatically becomes zoned R-7500 when it is
officially annexed [City ordinance 17.12.2201)
4. City services: The extension of needed city services shall be at the cost of the applicant
after annexation by the city has been approved. As part of the application process, each
of the following city services must be addressed with an explanation:
Water Service: Fir Ave (west side of site); Juniper Ave (east side);
Location of existing main: undeveloped 7th St right-of-way (south side)
Cost of extension of approved service: $278,784 for water for entire PUD development
How cost determined: Engineer Estimate
Timeframe for installation: summer 2021
Sewer Service:
Location of existing main: Undeveloped Alleys in Blocks 6 and 7, Nutting Bros. Subdivision
Cost of extension of approved service: $201,603 for sewer for entire PUD development
How cost determined: Engineer estimate
Timeframe for installation: summer 2021
How financed: Privately Financed
Streets: RT
p Rn ���
Is there any Ae5jo9Atl9?to the ntCrtfi; FAve to'tFiAwERPSludiper Ave to the east,
Location of existing paved access: 8th St (north side), Fir Ave (west side), Juniper Ave (east side
Cost of paving: $218,156 for road improvements for entire PUD Development
How cost determined: Engineer rEstimate
Timeframe for construction: Summer 2021
Other required improvements: Provide above information on attached
pages. Sidewalk improvements at estimated cost of $31,000
5. A map suitable for review of this application of the proposed area to be annexed must be
submitted with this application.
6. A written Waive of Protest must accompany this application, suitable for recording and
containing a covenant to run with the land to be annexed, waiving all right of protest to
the creation by the city of any needed improvement district for construction or
maintenance of municipal services. This Waiver of Protest must be signed by the
applicant prior to annexation by the city.
Requests for annexations are referred to the City -County Planning Board for
recommendation to the City Council. Within 30 days after receiving the properly filled
out application with all required accompaniments and after conducting a duly advertised
public hearing, the City -County Planning Board shall make recommendation to the City
Council as to this Request for Annexation. If more information is needed from the
applicant during the review of the application, such application shall be deemed
incomplete and the timeframe for reporting to the City Council extended accordingly, in
needed.
8. A non-refundable application fee of $300 + $25.00 per acre (80 acres or less); $300 +
$35.00 per acres (81 acres or more) must accompany the submission of this application.
The City Council of the City of Laurel, Montana, after review and consideration of this
Application for Annexation, found such to be in the best interest of the City, that it
complied with state code, and approved this request at its City Council meeting of
Farm revised by City Attorney April M8
INSTRUCTIONS
CITY -COUNTY PLANNING VARIANCE REQUEST
These application instructions cover appeals from decisions of the Planning Department (and
sometimes other officials) and for requests for variances concerning setbacks, structures,
heights, lot coverage, etc.
This application form is supplied by the City and must be returned to the City.
The following is a list of information required for submittal to be considered complete.
1. It is mandatory that you meet with the City Planner prior to applying. The City Planner
will provide you with a map of the property owners within 300' that you must have
certified by a title company.
2. Provide a plot plan drawn to scale on paper not larger than 11"x17" which includes all
existing and proposed structures and proposed variance measurements.
3. A set of three mailing labels for each surrounding property owner within the 300 feet.
4. A detailed justification referring to the Laurel Municipal Code Chapter 17.60.020.
5. Application, with fee ($550 for residential; $1,100 for commercial), must be made on or
before the first day of the month prior to the month it will appear before the Laurel
City -County Planning Board.
The public hearing before the City -County Planning Board is held on the 3rd Wednesday of the
month at 5:35PM. in the City Council Chambers at 115 W. 1s` Street, Laurel. Applicant or
Applicant Representative must be present at the meeting.
The Laurel City -County Planning Board makes a recommendation to the City Council. The City
Council will review the application at Council Workshop and then make a decision on the
Council agenda.
Laurel Variance Request Application
This application covers appeals from decisions of the Planning Department (and sometimes
other officials) and for requests for variances concerning setbacks, structures, heights, lot
coverage, etc.
The undersigned owner or agent of the owner of the following described property requests a
variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of
Montana.
1. Name of property owner: Bitterroot croup, LLC (Darrell Dyer)
2. Name of Applicant if different from above
3. Phone number of Applica
Darrell Dyer
4. Street address and general location: South of 6th St, between Fir Ave and Juniper Ave.
Nutting Bros. Subdivision, Block 6, Lots 1-12, and Block 7, Lots 1-12, and
5. Legal description of the property: abandoned portion of Hazel Avenue between Blocks 6 and 7
6. Current Zoning: R-200. Annexation and PUD requested as well
7. Provide a copy of covenants or deed restrictions on property.
I understand that the filing fee accompanying this application is not refundable, that it pays
part of the cost of process, and that the fee does not constitute a payment for a variance. I
also understand I or my agent must appear at the hearing of this request before the Planning
Board and all of the information presented by me is true and correct to the best of my
knowledge.
Signature of Applicant:
Date of Submittal:
VARIANCE REQUEST AND JUSTIFICATION
BITTERROOT GROVE TOWNHOMES
PLANNED UNIT DEVELOPMENT
DARRELL DYER
NUTTING BROS. SUBDIVISION
BLOCKS 6 & 7, PLUS ABANDONED PORTION OF HAZEL AVE.
LAUREL, MONTANA
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` EAST svRrvTN STREET i I
MARCH 2021
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 1
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MARCH 2021
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT 1
Summary
The Bitterroot Group, LLC (Darrel Dyer), intends to create a 60 -unit townhome development
(Bitterroot Grove Townhomes) in Laurel, MT, on the south side of Eighth Street, between Fir
Avenue and Juniper Ave. The development will utilize the Planned Unit Development (PUD)
process, as outlined in the Laurel Municipal Code (LMC), Section 17.32.
The property is currently outside of Laurel city limits, and annexation has been requested. The
property was split by an undeveloped portion of Hazel Ave, but abandonment has been
conditionally approved by Yellowstone County. As a condition of approval for the Hazel Ave.
abandonment, the landowner will resurvey the property to aggregate the property, as shown on the
site plan.
Aerial of Site
Variance Request
Section 17.32.050(E) of the LMC requires PUDs have a minimum size of five acres. This request is
to allow a variance to that requirement, allowing this 4.68 -acre site to be reviewed as a PUD. The
project area consists of two entire city blocks, plenty of area for a development of this type. The
abandonment of Hazel Ave., as previously discussed, provides some more area, but to meet the five
acre requirement, the alleys in Blocks 6 and 7 would have to be abandoned, as well as a portion of
Seventh Street. There are existing utilities in these alleys and street rights of way, as well as a ditch
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT
easement in the street right of way. It is the desire of the landowner to keep these utility lines intact
and operational, not only for existing users but for this development as well. It is understood that
the City also prefers to not abandon the alleys or 7' St.
Justification for Granting of the Variance
The granting of this variance is necessary to allow this townhome PUD development to move
forward under the criteria set forth in the LMC. Allowing this development to be approximately 1/3
of an acre smaller than the required PUD size is an insignificant reduction and allows this land to
be developed in a desirable manner.
The granting of this variance is special and peculiar to this property and this application. The
landowner owns nearly enough property to meet the required size, and additional land acquisition
would be undesirable due to the presence of City -owned utilities and streets.
The basis for this variance request is not related to financial gain or loss of the landowner. This
request simply allows for the PUD review process to be utilized for this development.
The hardship was not created by the applicant. In fact, the landowner has taken steps, such as the
abandonment of Hazel Ave., to come as close as possible to meeting the size requirement.
This granting of this variance would be within the intent and purpose of the LMC, and would allow
for an attractive development of the site.
The granting of this variance will not adversely impact or injure others. It is limited to this
property, which is completely surrounded by City streets and rights of way. Existing utilities and
infrastructure will be utilized and expanded as a result of this development.
BITTERROOT GROUP PLANNED UNIT DEVELOPMENT
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Bitterroot Townhome PUD: Building Styles
The buildings within the Bitterroot Townhome PUD Development will be similar to the following
examples. The development will include a variety of building styles to offer the development a certain
amount of "personality" and to avoid the "cookie -cutter" appearance of tract housing.
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Return To:
Darrell Dyer
112 3rd Ave
Laurel, MT 59044
BYLAWS OF BITTERROOT GROVE TOWNHOMES ASSOCIATION
A 55 AND OLDER COMMUNITY
1. APMwAmn, QE BILAWs.
The provisions of these Bylaws are applicable to The BITTERROOT GROVE which has
been submitted to the provisions of the Montana Unit Ownership Act pursuant to the Declaration
of Unit Ownership for said TOWNHOMES. BITTERROOT GROVE is located upon the
following described real property located in Billings, Yellowstone County,
Montana:
NEW PLAT WITH NEW LEGAL TO BE RECORDED AND THAT LEGAL INSERTED
HERE LAUREL MONTANA NUTTING BROS SUBDIVISION
All present or future owners, tenants, or any other person who might use the facilities of the
above-described property in any manner, are subject to the provisions of these Bylaws. The
acquisition, rental, or occupancy of any of the units will signifythat these Bylaws are accepted,
ratified, and will be complied with.
ul ul: :..II' ul I► : ►1� � . I►
(a) h m rchlR. Each unit owner shall be a member of BITTERROOT GROBE
HOA, hereinafter called "the Association". However, if the ownership of any unit is vested is
more than one person, and while each such owner shall be a member, the co-owners or joint
owners of the unit shall be deemed to be one member for the purpose of voting andthe
determination of any required quorum. Developer shall be deemed the owner of each unit not
sold, and shall have one vote for each such unit yet
(b) FWD. Ownership shall be determined according to the records of
"FOR 13INDI x ARBITRATION pI p rrF
the Clerk and Recorder of Yellowstone County, Montana, except that a personal representative,
conservator, or trustee shall be deemed to be the owner of any unit owned or held by him or her
in such capacity, whether or not the same shall have been transferred to his or her name by a duly
recorded conveyance. Owners shall also include those purchasing units under purchase contracts
and who have an equitable interest in the unit as disclosed by the public record in the office of
the Yellowstone County Clerk and Recorder, and in such an event, the equitable owner shall be
considered as the only owner of such unit. Tenants shall be deemed to be owners only if the
record owner has complied with the provisions of Section
70-23-102(16), MCA.
Cc) tit • The owners of each unit shall be entitled to one vote per unit and the vote for
any unit owned by more than one person shall be exercised as such co-owners may among
themselves determine. Whenever a unit is owned by two or more persons, any one of such
owners may vote in the absence of protest by the other or others. Votes may be cast in person or
by proxy.
(d) P"Ae&• Proxies may be made by any person entitled to vote. They shall be valid
only for the particular meeting designated and must be Sled with the Secretary on or before the
appointed time of the meeting.
Ce) Annual and Spgo WJMkQh - The annual meeting of the Association shall be held
on the fust _of of every year at _
P.M. Additional regular and special meetings of the Association may be held at such times and
places as shall be agreed upon by the unit owners. Notice of all meetings shall be given to each
member personally or by mail, telephone, e-mail, or facsimile at least 10 days prior to the day
named for such meeting. The presence, in person or by proxy, of owners of a majority of the
units at such meetings of the Association shall be required for the transaction of any business by
the Association.
The agenda for the annual meeting shall include the following:
(1) Determination ofquorum;
(2) Approval of minutes of last annual meeting;
(3) Presentation of financial report for past year and budget for coming year;
(4) Report Board opinion of adequacy of limits on insurance coverage;
(5) Election of Directors;
(6) Appointment of Arbitrator, as provided below;
2
(7) Old business, if any; and
(8) New business.
Meetings shall be conducted in accordance with Roberts Rules of Order.
W Ar1?itrattu. At each annual meeting, the owners shall mutually agree upon and
appoint one person who is not a member to serve as Arbitrator for the Board and members for
the coming year. In the event of a dispute or disagreement between the directors and members or
between two or more members which cannot otherwise be resolved without a lawsuit, except
non-payment of assessments, or other monies owed the Association the issue shall be presented
to the Arbitrator and the decision of the Arbitrator shall be binding upon the Association, its
members, and its Board of Directors. The Arbitrator shall be paid a reasonable amount for the
arbitration services. If an Arbitrator is not selected by the members, one or more Arbitrators shall
be appointed in the manner provided by the Montana Uniform Arbitration Act, or any successor
to that Act. Claims of non-payment of assessments or other monies owed the Association and
foreclosure of a lien for unpaid assessments or monies owed the Association are — subject to
binding arbitration.
(g) Manner of Oh A'ning�pproval of Upot Owners. Approval of all decisions and
resolutions of the Association which require the approval of unit owners may be obtained by
vote at an annual or special meeting, or by written ballot or petition, circulated among the
owners.
(a) Number of Direetnr4. The affairs of the Association shall be governed by a
Boatel of Directors composed of three owners. Directors shall be elected by the members,
provided, however, that shall serve as one of the three
elected Directors until all units are sold by the Developers. After sale of all units, the number of
Directors may be increased upon affirmative vote of 75% of the members entitled to vote.
Cb) Term of Office, Two Directors shall be elected at the first annual meeting of the
Association for a one year term. of , shall serve as the remaining
Director for a two year term of office. Thereafter, the term of office of each Director shall be for
two Years, subject to the requirement that must be one of
these three Directors until sale of all units.
Cc) Nomination — Election Except as otherwise provided above, candidates for vacant
Director positions shall be nominated from the floor at each
annual meeting. Each unit owner shall be entitled to one vote for each vacancy in the Board of
Directors; cumulative voting shall be permitted. If votes are cast by the owners of a majority of
the units, the candidate(s) receiving the greatest number of votes shall serve for the term. If a
quorum cannot be obtained for an annual meeting, the existing Directors shall continue to serve
until the next annual or special meeting is held and new Directors are elected, or as an
alternative, the existing Directors may contact members to determine who is willing to serve as a
Director, and deliver a written ballot to all owners for voting. The ballot shall include the names
of all owners willing to serve for the terms) to be filled.
Cd) QUALIFICATTON OF Directors, Directors must be members of the Association,
or, in the case of partnerships, LLCsi LLPs and corporate members, a designated representative
of the corporate member, partnership, LLP or LLC.
Ce) Comnenaation, No compensation shall be paid to Directors for their services as
Directors unless salaries for Directors are approved by vote of one owner of each unit. However,
Directors shall be reimbursed for actual expenses incurred in the performance of their duties.
(I) XsAM. Regular and special meetings of the Board of Directors may be held at
such times and places as shall be determined by the Directors. Notice of such meetings shall be
given by the Secretary to each Director and to the Treasurer and President of the Association,
personally or by mail, telephone, facsimile, or e-mail at least three days prior to the day named
for such meeting. If notice is given by e-mail, the Association shall maintain a record of all
e-mails sent. A majority of the Directors shall be needed for a quorum and any action by the
Board shall require approval of amajority of the Directors present at the meeting. Directors may
have telephone meetings so long as all Directors are present or are given the opportunity to be
present, and so long as each Director is able to speak to and be heard by the others. Unless
otherwise agreed by all Directors, meetings of Directors shall be conducted in accordance with
Roberts Rules of Order. In any event, all Directors shall be given an opportunity to briefly speak
without repeated interruptions, and formal votes shall be taken and recorded. Information
concerning major actions by the Board shall be promptly disseminated to all members of the
Association in a manner to be determined by the Board. Owners may attend Board meetings, but
their participation in the meetings may be limited to the extent determined by the Directors
present at the meeting.
(g) Powers nd 2Mti a. The Board of Directors shall have the powers and duties
necessary for the administration of the affairs of the Association and may do
4
all acts and things as are not by law, the Declaration, or these Bylaws directed to be exercised by
the members. In addition, the Board of Directors shall have the following powers and duties:
(1) To enforce, the provisions of the Declaration of Unit Ownership and these Bylaws"
by appropriate action
(2) To determine the amount of assessments payable by the unit owners for common
expenses and to allocate and assess said expenses among unit owners in
proportion to their respective interests in the common elements. Assessments
shall include reasonable reserve funds. The Board shall have the authority to
invest reserve funds in any manner not inconsistent with the needs of the
Association.
(3) In its discretion, to impose special assessments for approved capital expenses and
for emergencies as they are incurred.
(4) To send written notice of any change in the regular assessments and written notice
of any special assessment to each owner at last 30 days before its due date.
(5) To record and foreclose a lien against any unit for unpaid assessments or other
monies owed the Association by an owner or to bring an action at law against the
owner personally obligated to pay the same.
(6) To adopt a schedule of late payment fees, with consent of 75% of the members
entitled to vote.
(7) To issue, or to cause an appropriate officer to issue, upon demand by any person,
a certificate setting forth whether or not any assessment has been paid. A
reasonable charge may be made by the Board for the issuance of these
certificates. If a certificate states an assessment has been paid, such certificate
shall be conclusive evidence of such payment.
(8) With consent of a majority of the unit owners, to adopt a schedule of fines for
violation of the Declaration, these Bylaws, or the duly adopted rules and
regulations of the Association.
(9) To cause all officers or employees having fiscal responsibilities to be bonded, as it
may deem appropriate.
(10) To procure and maintain insurance required or authorized to be purchased by the
Association.
(11) To pay all debts of the Association.
(12) To grant and accept easements, permits, and licenses on behalf of all unit owners,
as necessary for the proper operation of the project.
(13) To rent or lease the basement apartment, collect the rents, terminate the leases or
rental agreements and take all usual actions of a landlord as permitted by the
Montana Landlord -Tenant Act. .
5
(14) To authorize occupancy of the basement apartment, rent free, to a manager or
caretaker employed by the Association.
(14) To contract for repairs, maintenance, alterations, additions, and improvements
which are the obligation of the Association.
(15) Upon written request from any person, agency or corporation having an interest
or prospective interest in a unit, to prepare and furnish within a reasonable time
an audited financial statement of the Association for the immediately preceding
tax year, at the requesting party's expense. The Board shall require that audit
expenses be paid in advance of beginning the audit.
(16) To review and approve or disapprove all requests from unit owners for consent to
modify, alter, or add to any limited or general common element, and to remove or
replace any unapproved modifications or additions at the expense of the offending
unit owner.
(17) To file annual corporate reports with the Montana Secretary of State and to pay
the required fee.
(18) To prepare income tax returns for the Association, if required by state or federal
law, and to pay all taxes owed.
(19) To provide any notices required by these Bylaws or the Declaration of Unit
Ownership for The Terrace.
(20) In its discretion, to delegate any of the above-mentioned powers and duties to one
or more officers or employees of the Association or to an independent contractor
or agent.
(21) To engage the services of a paid manager,'managing agent or caretaker. If the
Board hires a professional management agent, the contract with that agent must
permit termination of the contract by either party, without penalty, after 90 day
advance notice of termination is given.
(22) To supervise all officers, agents, and employees of the Association to ensure that
they properly perform their duties.
(h) Airectors as Agent and Attorney in Fact for nit Own . The Board of
Directors is hereby irrevocably appointed as agent and attomey-in-fact for the unit owners of all
of the units and for each of them to manage, control, and deal with the interests of such unit
owners in the common elements, including the exterior of the building as necessary to permit the
Board of Directors to fulfill all of its powers, rights, functions, and duties.
The Board of Directors is hereby irrevocably appointed as agent and attomey-in-fact for
each unit owner, each mortgagee, other named insureds, and their beneficiaries, and any other
holder of a lien or other interest in the
PUD TOWNHOME PROPERTY or the property to:
(1) Adjust and settle all claims arising under insurance policies purchased by the
Board of Directors;
(2) Execute and deliver releases upon the payment of claims; and
(3) Act on their behalf in any condemnation proceeding or act of eminent domain.
The mortgagee and guarantor of the mortgage on any unit shall have the right to timely
written notice of any condemnation or casualty loss that affects a material portion of the project
or the unit securing its mortgage.
Ci) Resienation and RMQval of Directors. Any Director, except
may be removed from office by the majority vote of the unit
owners. In the event of resignation or removal of a Director, the vacancy shall be filled at a
special meeting of the unit owners or by written ballot circulated among the owners in the
manner provided for the election of Directors, with the person so elected serving the balance of
the unexpired term.
4. 001C>±RS,
(a) Board Elects Officers, The Board of Directors shall annually elect a President, a
Secretary, and a Treasurer. The Board in its discretion may also elect a Vice -President. No two
offices may be held by the same person except the offices of Secretary and Treasurer. The
officers of the Association shall hold office at the pleasure of the Board and may be removed by
the Board, with or without cause. In the event of a vacancy, the Board shall elect a successor at
any regular meeting or at any special meeting called for such purpose.
shall serve as interim President and Secretary
respectively until the first annual meeting of the Association.
Cb) Q alifications of Officers. Directors may also serve as officers but are not required
to do so. Officers may be Directors, other members of the Association, or persons who are not
members.
(c) Duhes. The President shall preside at all meetings of the Association and of the Board
of Directors, shall supervise the affairs of the Association and its officers, shall have all of the
powers and duties usually vested in the office of President and shall also perform such other
duties as from time to time may be imposed by the Board of Directors. The Vice -President, if
any, shall act in the place of the President, and shall have such other duties as may be assigned
by the Board of Directors. The Secretary shall keep all books and records of the Association and
7
the Board of Directors and record all minutes of meetings of both, shall keep a record of all
members of the Association, and shall serve all required notices. The Treasurer shall have
responsibility for Association funds and securities and shall be responsible for keeping full and
accurate itemized accounts of all receipts and disbursements in books belonging to the
Association, in chronological order. The Treasurer shall be responsible for the deposit of all
monies and other valuable effects in the name, and to the credit, of the Association in such
depositories as may from time to time be designated by the Board of Directors. All checks over
$500.00 must be signed by two officers. Officers signing checks must be members of the
Association. If the Association hires a manager, some of the duties may be delegated to the
manager. IIowever, the manager shall not have the right to sign checks.
(d) Ccomy ensatinn, Any officer may be compensated, in a reasonable amount, as
determined by the Board of Directors.
S. LIABILITY -QE DICERS AND DmECTM.
The Officers and Directors of the Association shall not be liable to the Association or any
unit owner for any mistake of judgment, negligent or otherwise, except for their own individual
willful misconduct or bad faith. Except to the extent that such damages and expenses are
satisfied by Officer'S and Director's liability insurance, the Association shall indemnify any
person who was or is a party or is threatened to be made a party to any threatened, pending or
completed action, suit or proceeding by reason of the fact that the person is or was an officer or
director of the Association against damages and expenses, including attorney fees, judgments,
fines and amounts paid in settlement incurred by the person in connection with such action, suit
or proceeding, if the officer or director acted in good faith and in a manner the officer or director
reasonably believed to be in, or not opposed to, the best interest of the Association. If not
satisfied by insurance proceeds, such damages and expenses shall be a common expense.
6. INSPECTION QE RFC0gp ,
The books, records, and papers of the Association and a copy of the current Declaration
of Unit Ownership, Bylaws, Articles of Incorporation, and rules and regulations, if any, for
B1ITEERROOT GROVE, shall be open for inspection by any unit owner and by holders,
insurers, and guarantors of first mortgages on units at any reasonable time, after reasonable
notice to the Secretary.
7. EMERGENCY Ate,
Directors and their manager, if any, shall have the right to enter any unit in case of an
emergency originating in or threatening such unit whether or not the owner or occupant is
present at the time.
8. INS m aN[ F,
(a) Except as otherwise provided in subsection (k) below, the Board of Directors shall
insure all common element improvements, including every part of the building and all fixtures
attached or affixed to any part of the building by screws, nails, glue, cement or other building
material, against loss or damage by fire and other casualty in an amount representing the full
insurable value thereof, less a deductible in an amount to be determined by the Board. Such
insurance shall be "all -in" coverage. Works of art or purely decorative items normally not
considered to be part of the real estate when A TOWNHOME unit is sold are not fixtures, even
though temporarily attached `to a wall with nails or screws.
(b) The Board of Directors shall purchase public liability and property damage insurance,
insuring the Association and the unit owners for liability for personal injuries to, or the death of,
any person, or damage to property resulting from the ownership, use, or occupancy of the
common areas, with policy limits to be determined by the Board, but no less than $1,000,000.00
per occurrence and $2,000,000.00 per aggregate.
(c) The Board of Directors shall purchase fidelity insurance coverage for all persons
handling Association monies, naming the Association as insured, in an amount equal to the
maximum funds held by the Association. If the Board employs a management agent, the agent
must have its own fidelity insurance policy providing the same coverage required above.
(d) The Board -shall purchase Officer's
member of the Board and each officer of the
determined by the Board.
and Director's liability insurance covering each
Association; the amount of coverage shall be
(e) The cost of all insurance purchased by the Association shall be a part of the common
expense.
(f) All insurance policies shall be issued by an " A' rated or better company approved by
FNMA; Directors shall seek to obtain the best insurance value, considering the coverage, the
price, the financial stability of the insurer, and the history of the insurer in promptly and properly
handling claims.
(g) In the event of a loss exceeding one thousand dollars ($1,000.00), all Association
insurance proceeds shall be paid to the Board of Directors as trustee for disbursement.
(h) Each policy shall contain a standard mortgagee clause in favor of each mortgagee or
trust indenture beneficiary, or contract of sale endorsements in favor of the contract sellers of any
units and shall require the insurer to notify the Association, each unit owner, and each first
mortgage holder, in writing, of any lapse, cancellation or substantial change to the policy at least
ten days prior to the date on which such cancellation or change takes effect. Duplicate originals
of all new insurance policies and of all policy renewals, together with proof of payment of
premiums, shall be delivered to all mortgagees and contract sellers of units at least ten days prior
to expiration of the current policies. THIS IS A 55 AND OLDER COMMUNITY THE
ASSOCIATION MUST APPROVE ALL SALES TO ENSURE THE AGE RESTRICTIONS
ARE MAINTAINED.
(i) The Board of Directors shall annually review the adequacy of limits of coverage of
insurance policies, shall obtain an appraisal from an insurance company or other knowledgeable
person or business of the full replacement value of the covered improvements, without deduction
of depreciation, for the purpose of determining the amount of property insurance required under
this section, and report its findings and opinion regarding insurance to the membership of the
Association at its annual meeting.
6) Insurance policies shall contain waivers of subrogation and waivers of any defense
based on cc -insurance or of invalidity arising from any acts of the insured.
(k) Unit owners shall not be prohibited from carrying other insurance for their own
benefit provided that all policies shall contain waivers of subrogation and provided that the
liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected
or oureh�shodrwy reason of any such additional insurance carried by any unit owner. j�nce
" e an ao
impmvementc are made to the interior of a unit after initial Purchase of the unit those
r�provements (gn_ermentsl_mnct be inmired for fire or other casual on the
ty owner's personal
insurance policy if the owner wishes to have ncnra,
;i nce. Insurance e� ennl. 1.uNc.r�nn..M will not
be pureed by the Association. Replacement of worn fixtures or equipment with similar new
ones shall not be deemed a betterment.
(1) Insurance payments for a fire or other property loss insured by the Association shall
be applied by the trustee to repair or replacement of the damaged property. In the event of loss to
one or more but not all units, any amount needed to repair or replace the unit, in excess of
insurance payments, shall be paid by the owner of that unit. If insurance proceeds exceed the
replacement cost of the units, excess proceeds shall be credited to the accounts of all unit owners.
(m) The Association shall pay, as a common expense, the deductible amount for any
Property loss insured by the Association if the damage is only to the common elements. In all
other cases, owners of the damaged units shall pay the deductible in proportion to the amount of
the loss to each damaged unit reported on the insurance claim.
9. MOPERTYLOcc,
Property damaged by fire or other casualty must be repaired or rebuilt unless there is a
total loss of all units, all unit owners agree not to rebuild, and there is agreement not to rebuild
by mortgagees that represent at least 51% of the votes of the units that are subject to mortgages.
Insurance payments for a property loss insured by the Association shall be applied by the Board,
or its designated trustee, to repair or replacement of the damaged property except in the event of
a total loss of all units and a decision not to rebuild. Units which are repaired or replaced after
casualty shall conform in style, quality, and appearance to the unit as it existed prior to the
casualty.
10. ASSESS NTS FOR COMMON EXEENSF_.S.
(a) When Assessments Begin. The owner of each completed unit shall be obligated to
pay monthly and special assessments for common expenses beginning on the 1st day of the
month following sale of the first unit by Developer.
(b) Amount. Prior to the annual meeting, the Board of Directors shall prepare an
Association budget for the coming year. A copy of that budget, together with a statement of the
amount of each monthly assessment `for the coming year, shall be delivered to each unit owner at
least one week before the annual meeting. Each monthly assessment shall equal the total
estimated common expenses for the coming year, plus a reasonable reserve allowance for
replacement of improvements, divided by twelve, multiplied by the percent of undivided interest
in the common elements for the assessed unit. Assessments shall be due and payable on the first
day of each month. If an annual budget is not prepared as required, the monthly assessment due
shall be equal to the amount of the monthly assessment for the previous year until changed by
the Board of Directors. The regular monthly assessments may be changed by the Board at any
time it determines that the change is necessary or advisable. Written notice of the amount of any
changed monthly assessment shall be given to each unit owner at least 30 days in advance of the
first payment due date for the assessment. Except for changes in the amount of the monthly
assessments, no bills or other notices that monthly assessments are due need be given by the
Association. Assessments must be based upon and computed by using the percentile interest that
each unit owner has in the common elements.
Cc) special As essments. Special assessments may be made by the Board of Directors
for capital improvements only upon an affirmative vote of ALL of the members entitled to vote.
The Board may impose special assessments for unanticipated emergency expenses without a vote
of the members.
(d) Interest and Late Fees. Assessments paid more than 10 days after the date when due
shall bear interest at the rate of ten percent (12.0%) per annum from the date when due until
paid, in addition, late paying owners shall be obligated to pay a late fee if a schedule of late
payment fees has been adopted by the Board of Directors. All payments upon assessments shall
be applied first to late fees, then to interest, and then to the earliest assessment due.
Ce) Recor�ng, All assessments collected by the Association may be commingled
in a single fund from which shall be paid the expenses for which the assessments are made.
Separate records of payments received shall be kept for each unit.
Cf) No EIRMIR ion from Payment No unit owner is exempt from payment of any
common expense by waiver of the use or enjoyment of those items paid for or by abandonment
of the unit.
(g) Account Balance Transfers with I Init. No unit owner shall be entitled to receive the
balance in that owner's assessment account upon sale of the owner's unit. The account balance
shall pass with sale of the unit to the credit of the new unit owner. This provision shall not be
deemed to prohibit a selling owner from collecting the balance of that owner's assessment
account from a purchaser.
Ch) Remedies for Failure to Pay. The remedies for failure to pay assessments are set
forth in the Declaration of Unit ownership -
F410 I
wnership.
: ►II I utu Ma A M Dlul DICI
Ca) Unit Owner Responsibilities, Every unit owner shall be responsible for all
maintenance of and repairs to the owner's unit, for replacement of broken glass in the unit. Each
owner shall be responsible for all damages to the other units adjoining caused or to the common
elements resulting from failure to effect such maintenance and repair. Each unit owner shall be
responsible for paying all taxes and assessments on his or her unit and for payment for all
utilities provided to the unit, except water and sewer. All utility lines and pipes, fixtures, and
equipment serving only one unit shall be maintained, replaced, and kept in good repair by the
unit owner.
All maintenance and repairs for which an owner is responsible shall be paid for by the
owner, [In the event an owner or tenant fails or refuses to provide adequate maintenance or
repairs, the Association may, after ten day advance written notice to the owner, enter into the
owner's unit and make the needed repairs or do the maintenance, and charge the actual cost
of such repairs or maintenance to the unit owner. Any such costs shall be a lien on the unit on
which repairs were made or maintenance was done, and if unpaid, may be foreclosed in the same
manner as a lien for common expenses.
Each owner shall use a reasonably high standard of care in maintaining their individual
unit so that BITTERROOT GROVE will reflect a high pride of ownership. The Board of
Directors of BITTERROOT GROVE Association shall be the final authority in determining
whether an owner is providing adequate maintenance.
Cb) Association R=onciW ties. Except as otherwise provided above, the Association
shall be responsible for any maintenance, repair, and replacement of common elements. The
Association shall pay landscaping care, for snow removal from the STREETS and sidewalks,
and for paving and striping as needed. The Association may employ personnel necessary for all
required maintenance, upkeep, and repair. The Association shall use a reasonably high standard
of care in providing such maintenance, management, and repair so that BITTERROOT GROVE
will reflect a high pride of ownership.
12. RESTRICTIONS OF USE.
The following restrictions apply to use of all units and common areas:
(a) 2'ypgc of isec Allow d. The property shall be used only for residential purposes
except that an owner may use a portion of the unit for an office so long as the activities therein
shall not interfere with the quiet enjoyment or comfort of any other owner or occupant and
provided the use complies with the applicable zoning ordinances of the City of Laurel. In
addition, Developer shall have the right to maintain a sales office in the project until all units are
sold.
(b) Eck. A maximum of one dog and one cat shall be permitted in each unit only if kept
under the owner's control at all times. No pets shall be allowed to run loose on the common area.
Owners shall be responsible for promptly cleaning up after their pets and for payment for any
damage caused by their pets. Owners shall keep all pets on their property unless walking with a
lease.
Any owner shall pay a fine,'imposed by the Board, of $50.00 for a second violation of any of
these pet restrictions and a fine of $100.00 for each violation thereafter. Such fines shall be a
common expense, payable only by the offending unit owner. In addition, the Board may require
an owner to permanently remove a pet from Bitterroot Grove property if the Board receives two
bona fide complaints that the animal is a nuisance from one or more other owners within a six
month period. No reptiles shall be kept in any unit.
(c) Ngisance8 No nuisances or unlawful activities shall be allowed on or within any unit
or the common areas, nor shall any use or practice be allowed which interferes with the peaceful
possession or allowed use of the property by others.
(d) Alterations to Building and Commnn >~tP M, Nothing shall be done in, on, or to
any unit or in, on or to the limited or general common elements which will impair the structural
integrity of the building. Except as otherwise provided herein, no unit owner or occupant shall
erect or place any building or structure on any common area, add or remove landscaping, nor
make any other additions or alterations to any common areas except in accordance with plans
and specifications approved by the Board of Directors. If plans and specifications have not been
approved in writing by the Board within 45 days after submission, they shall be deemed
disapproved.
(e) Antennas and Satellite Dishes. No antennas or satellite dishes exceeding one
meter in diameter or diagonal measurement, and no air-conditioning units, wiring, or any other
device shall be installed on the exterior of the building or on common elements without prior
written approval of the Board. Owners may install a small satellite dish or antenna not exceeding
one meter in diameter or diagonal measurement on their terrace or on the roof of the building
without prior approval of the BITTERROOT GROVE Board of Directors. The location of the
satellite dish must comply with the ordinances of the City of Laurel..
(f) Gate All garbage and trash must be placed in the proper receptacles designated
for refuse collection, and no garbage or trash shall be placed elsewhere on any common element.
(g) Noise Residents and their guests shall exercise care about making noise which may
disturb other residents. No unit owner shall make or permit excessive noise between the hours of
11:00 p.m. and the following 7:00 a.m. if such noise shall disturb or annoy occupants of other
units.
(1l) Parking. Unit owners shall not park vehicles in such a manner as to block sidewalks
or access to the street, or take up more than one parking space with a single vehicle, nor shall
they permit any member of their family, guests, or tenants to do so. Junked or non -operational
vehicles, boats and trailers, and motorhomes shall not be parked on common areas. Improperly
parked vehicles may be removed at the owner's expense.
(i) I ineAr&=, Owners shall not take or permit any occupant or guest to take any
action which impairs pedestrian access to another unit or vehicle access to the parking area.
0) E i1T Prevention. No unit owner shall perform any act or store anything within a unit
or on the common areas which might increase the rate of fire insurance for BITTERROOT
GROVE or increase the probability of fire as a result of such act or the storage of such items.
Ck) Fines. The Board of Directors is hereby authorized to adopt a schedule of fines for
violation of any of the provisions contained in this Section and for violation of any additional
rules and regulations adopted by the Board pursuant to Section 13 below, and to assess such fines
against all owners who violate these provisions.
The owner of each unit shall be responsible for fines resulting from the conduct of the
occupants of the unit and their guests. In the event any owner, any occupant, or a guest of any
occupant fails to abide by the provisions of this Section, or the rules and regulations adopted
pursuant to Section 13 below, the Board shall be entitled to recover from the unit owner all costs
and attorney fees incurred by it in compelling compliance, including collection of fines imposed
for violations, with or without initiating arbitration or filing a lawsuit. If an owner wishes to
dispute the imposition of a fine against that owner, the owner must submit the dispute to the
Arbitrator within six weeks after receipt of written notice of the fine; failure of an owner to
submit the dispute to arbitration within six weeks shall be deemed an admission that the fine was
properly imposed by the Board. All fines shall be a lien on the unit of the owner against whom
they are imposed, and if unpaid, the lien may be foreclosed in the same manner as a lien for
common expenses.
13. RLLUAND RF.GUL.ATIONS.
Administrative rules and regulations concerning the use of the common elements may be
promulgated and amended by the Board of Directors with the approval of A majority of the
members entitled to vote.
A copy of the current rules and regulations shall be provided to each unit owner by the
Secretary of the Association, without cost, upon receipt of a request
the ref or.
14. WOR N( CAPITAL.
The Developer, as agent of the Board of Directors, shall collect from the initial purchaser
of each unit, at the time of closing, an initial capital payment equal to the Buyer's prorata share
of insurance for the year plus an amount equal to the amount of the regular monthly assessments
for two months. The Developer shall be entitled to retain the Buyer's pro -rata share of insurance
for the current premium period if Developer paid the premium for the unit sold for that period;
otherwise, the premium shall be paid to the Association's insurance agent. The remainder of each
initial capital payment collected from the buyers shall be delivered to the Board of Directors to
provide the necessary working capital for the Association. Such funds may be used for certain
prepaid items, including initial maintenance, equipment, supplies, organizational costs,
furnishings for common areas, other start up costs, and such other purposes as the Board of
Directors may determine. These funds may not be used by Developer to defray any of its
expenses, construction costs, or other financial obligations, and shall NOT be considered to be
prepayment of regular monthly assessments.
In addition, at closing, the Developer shall collect from the initial purchaser of each unit
the Buyer's pro -rata share of the assessment for that month.
The Association shall not be liable to any unit owner or any occupant of a unit for any
failure to provide services paid for as a common expense or for any uninsured injury or damage
to person or property caused by the elements or resulting from water, snow, or ice which may
leak or flow from any portion of the common elements or from any pipe, drain, conduit,
appliance, or equipment into a unit. The Association shall not be liable to any unit owner or any
occupant of a unit for uninsured loss or damage, by theft or otherwise, of articles which may be
stored upon any of the common elements. This shall not be deemed to be a waiver of any
liability between unit owners. No diminution or abatement of any assessments shall be claimed
or allowed for inconvenience or discomfort arising from the making of repairs or improvements
to the common elements or from any action taken by the Association to comply with any law,
ordinance, or order or directive of any government authority. The Association shall not be liable
to any unit owner or any occupant of a unit for uninsured injury or damage to person or property
caused by another unit owner. Any such liability shall be attributed solely to the responsible unit
owner. The Association shall not be liable to any unit owner or any occupant
16
of a unit for uninsured personal injuries or uninsured injuries to property occurring on common
elements.
: ui:l►u:,r-►r
(a) Prior to sale and closing of _ units, these Bylaws may be amended by Developer.
Each owner, by acceptance of a deed to any TOWNHOME shall be deemed to have approved
any such amendment by Developer and to have granted to Developer the power, pursuant to
Section 70-15-301, MCA, to make such amendments.
(b) These Bylaws may also be amended by the Association either in a duly constituted
meeting called for such purpose or by written petition circulated among the owners. However, no
amendment shall take effect without the approval of Developer until such time as all units have
been sold by Developer. No amendment shall take effect unless appmved'by at least 75% of the
unit owners entitled to vote and until a copy of the amendment, certified by the President and
Secretary of the Association, is recorded in the office of the Clerk and Recorder of Yellowstone
County, Montana. In all cases, however, the Bylaws shall always include those particulars
required to be included therein by the Montana Unit Ownership Act.
(c) The consent of at least 51 % percent of eligible mortgage holders shall be required for
a change in any of the following:
(i) Changes in insurance requirements; and
(u) Changes in any provisions which expressly benefit mortgage holders, insurers, or
guarantors.
The provisions of these Bylaws shall be covenants running with the land and shall be
binding on all owners, their tenants, and guests for so long as the real property described herein
is subject to the provisions of the Montana Unit Ownership Act.
18. �'NFORCElV11Ci NT � .
These Bylaws may be enforced in the manner set forth in the Declaration of Unit
Ownership for The Terrace, in these Bylaws or as otherwise authorized by Montana law. In the
event the Board of Directors shall refuse or neglect to enforce the provisions of these Bylaws, the
Declaration of Unit Ownership, or duly adopted rules and regulations, any unit owner shall have
the right to do so.
Failure of the Association, its Board of Directors, or any of its members to enforce the
provisions of these Bylaws or the Declaration of Unit Ownership of The
17
Ton -ace or any rules and regulations adopted by the Association shall not be deemed a waiver of
the right to do so in the future.
The losing party in any lawsuit or arbitration proceeding brought to enforce these Bylaws
or the Declaration or to foreclose a lien described in the Declaration or these Bylaws shall be
obligated to pay the reasonable attorney fees incurred by the prevailing party, together with costs
incurred in the lawsuit or arbitration proceeding. In the event the services of an attorney are used
by the Association or its Board of Directors to enforce these Bylaws without filing a lawsuit or
initiating arbitration, the party violating these Bylaws shall be obligated to pay the attorney fees
incurred by the Association; the attorney fees shall be a lien on the unit of the violating owner.
The lien may be enforced in the same manner as a lien for unpaid assessments for common
expenses.
19. DYJDM IONS
The terms used herein shall have the definitions set forth in the Declaration of Unit
Ownership for BITTERROOT GROVE.
20. HEADINGS.
The headings used in these Bylaws are for convenience only and shall not be deemed to
limit the provisions of these Bylaws.
21. NQUCE.
Except where otherwise provided in these Bylaws, any written notice required or
provided for in these Bylaws or in the Declaration of Unit Ownership for BITTERROOT
GROVE shall be hand -delivered or mailed to the last address provided by the owner to the
Association. A notice sent by certified mail shall be deemed delivered three days after the date
when mailed, whether or not actually received by the owner to whom it was sent.
IN WITNESS W.FIEREOF, the undersigned, being the interim President and Secretary
of the Association, have executed this instrument as evidence of the adoption of the aforesaid
Bylaws by the Association and hereby certify that the foregoing is a true and correct copy of the
Bylaws of the Association.
DATED this _day of
STATE OF MONTANA
County of Yellowstone
2007.
BITTEERROOT GROVE HOMEOWNERS ASSOCIATION
By:
By:
18
ss.
President
Secretary -Treasurer
On this _day of 2021, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared
known to me to be the President of BITTERROOT GROVE HOMEOWNERS ASSOCIATION,
whose name is subscribed to the foregoing Bylaws and acknowledged to me that he executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(print or type name of notary)
Notary Public for the State of Montana
(sem) Residing at Billings, Montana
My Commission Expires _.200—
STATE OF MONTANA )
ss.
County of Yellowstone
On this _day of 2007, before me, the
undersigned, a Notary Public for the State of Montana, personally appeared IGEN TOLLIVER,
]mown to me to be the Secretary -Treasurer of THE TERRACE HOMEOWNERS
ASSOCIATION, whose name is subscribed to the foregoing Bylaws and acknowledged to me
that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year in this certificate first above written.
(print or type name of notary)
Notary Public for the State of Montana
(seal) Residing at Billings, Montana
My Commission Expires _,200
19