Declaration of Covenants and Restrictions
For
Shadowood Greenways Association
History
On February 9, 1976, YACOSCO Service Corporation made a Declaration of Covenants and Restrictions for SHADOWOOD GREENWAYS, a residential community with common facilities. These Covenants, easements and restrictions ran with the land and were binding on all owners for a period of thirty years from the date of Declaration.
The community of SHADOWOOD GREENWAYS has determined to continue as a residential community with common facilities and therefore seeks to make a new declaration. In general changes to the original document include, but are not limited to:
Removal of the developer as a party to the Declaration.
Designation of one class of voters as owners of property within the development.
Addition of requirements for owners who do not live at the residences located within the development.
Addition of restrictions from the updated Bylaws.
Revision to the requirement for permitting campers, motor homes or travel trailers to be left on the owner or tenant drive or street.
Addition of restrictions for boats.
Declaration
This declaration made this January 2, 2008, by the Association at Shadowood Greenways Corporation, an Oregon corporation, hereinafter called the “Shadowood Greenways”.
Witnessed
Whereas, the Association is the owner of the real property described in this declaration and desires to create thereon a residential community with common facilities for the benefit of said community. The community shall be referred to as “SHADOWOOD GREENWAYS”; and
Where the Association has deemed it desirable for the efficient preservation of values and amenities in said community to create an agency to which should be delegated and assigned the powers of maintaining and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created. The agency shall be referred to as the “SHADOWOOD GREENWAYS ASSOCIATION.”
Article 1
Definitions: The following words, when used in this declaration or any subsequent or supplemental declaration (unless the context shall prohibit) shall have the following meaning:
“Association” shall mean, or refer to, the SHADOWOOD GREENWAYS ASSOCIATION, a non-profit corporation organized and existing under the laws of the State of Oregon.
Association of Members” means all the owners and other persons entitled to vote, acting as a group, in accordance with the declaration and bylaws.
“Building” means a multiple unit building or a single unit property, or any combination thereof, comprising part of the property.
“Common Expenses” means the expenses of administration, maintenance, repair or replacement of the private commons, expenses agreed upon as common by the owners, and expenses declared common by this declaration, or the bylaws of this Association.
“Declaration” means this master deed, plus amendments and supplements thereto.
“Lot” means a part of the property, including a building of one or more rooms intended for any type of independent use, and with a direct exit to a public street or highway or to a common area or areas leading to a public street or highway.
“Member” means that person or entity having a voting right in the Association pursuant to the declaration and the Articles of Incorporation and bylaws.
“Owner” shall mean the record owner, or contract purchaser, whether one or more persons or entities, of a fee simple title to any lot, plot or living unit situation upon the properties, but, notwithstanding any applicable theory of mortgage, shall not mean or refer to the mortgagee unless and until such mortgage has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.
“Private Commons” means parks, commons, streets, footways, buildings, structures, personal properties, and any and all other properties maintained by the Association for the common benefit and enjoyment of all of the members of the Association.
“Properties” or “property” means the land, whether leasehold or in fee simple, all buildings, improvements and structures thereon, and all easements, rights and appurtenances belonging thereto, which are under this declaration, Articles of Incorporation and bylaws of the Association.
Article II
Properties Subject to the Declaration
Existing Property. The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to the declaration is located in Yamhill County, Oregon, and is more particularly described as set forth upon the document attached hereto and made a part hereof as though fully set forth herein, and marked “EXHIBIT A”, all of which is said real property shall hereinafter be referred to as “existing property.”
Article III
Membership and Voting Rights in the Association
Membership: Every person or entity which is an owner shall be a member.
Voting rights shall be held by all of the lot owners. Proportionate shares of the separate owners in the common revenue and expenses in connection with the private commons, and the proportionate representation for voting purposes of all the owners shall be equal. Each owner shall have one vote whether the owner is an individual, a corporation, an association, a partnership, or a husband and wife. When more than one person holds such interest in any lot, all such persons shall exercise their vote as a unit as they among themselves shall determine.
Tenants have no vote in Association matters.
Exception to Voting Rights: Owners who do not live in the purchased unit are required to have on file with the Board of Directors, a mailing address where they can be reached. The Board of Directors is NOT required to take extraordinary means to notify Association members without an address on file of a vote.
Article IV
Property Rights in Private Commons
Members Easement of Enjoyment: Subject to the provisions of ”extent of members’ easement” in Article IV, every member shall have a right and easement of enjoyment in and to the private commons and such easement shall be appurtenant to and shall pass with the title to every lot or living unit.
Title to Private Commons: The title to the private commons shall be vested in the owners. Each owner shall have an undivided one eighty-seventh (1/87) interest in the private commons.
Extent of Members’ Easement: The rights and easements of enjoyment created hereby shall be subject to the following:
(a) The right of the Association, as provided in its Articles of Incorporation and bylaws, to suspend the enjoyment rights of any member for any period during which assessment remains unpaid, and for any period not to exceed thirty (30) days for any infraction of its published rules and regulations; and
(b) The right of the Association to dedicate or transfer, subject to acceptance thereof, all or any part of the private commons to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members, provided that no such dedication or transfer, or determination as to the purposes or conditions thereof, shall be effective unless an instrument signed by the members entitled to cast two-thirds (2/3) of the votes has been recorded, agreeing to such dedications, transfer, purpose or condition, and unless written notice of the proposed agreement and action thereof is sent to every member at least ninety (90) days in advance of any action taken.
Article V
Covenant for Maintenance Assessments
Each owner of any lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, shall be deemed to covenant and agree to pay to the Association
(1) Annual assessments or charges (which may be paid on a semi-annual basis).
(2) Special Assessments for capital improvements, which assessments to be fixed, established and collected from time to time as hereinafter provided.
(3) Interest on any semi-annual or special assessment which has not been paid by the owner within 90 days of the due date.
The annual and special assessments, together with such interest thereon, and costs of collection thereof as hereinafter provided, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment together with such interest thereon and costs of collection thereof, as hereinafter provided, shall also be the personal obligation of the person who is the owner of such property at the time when the assessment fell due.
Article VI
Developer Responsibility
Not Applicable
Article VII
Architectural Committee
The Architectural Committee shall at all times consist of at least three persons to insure the proper and harmonious development of the entire area.
Lot owners will NOT construct, alter or maintain any improvement on the exterior of the premises until:
(a) They have submitted in person to a member of the Architectural Committee a complete set of plans and specifications therefore in a form satisfactory to the committee, showing insofar as is appropriate
(1) The size and dimensions of the improvement,
(2) The exterior design,
(3) The exterior color scheme,
(4) The exact location of the improvement on the home site,
(5) The location of driveways and parking areas,
(6) The landscaping arrangement, and
(7) The size, dimension and location of any outbuildings; and
(b) Multi-unit structures shall remain consistent among all the units in exterior appearance and roofing. Disputes between owners of multi-unit structures will be resolved by the Architectural Committee. In general, current exterior appearances and roofing will be used unless each of the owners agrees to a change and it is approved by the Architectural Committee.
(c) Such plans and specifications have been approved in writing by greater than 50% of the Architectural Committee members present at the meeting to make such decisions. Approval of said plans and specifications may be withheld, not only because of their noncompliance with any of the restrictions and conditions contained herein, but also because of the reasonable dissatisfaction of said committee with the items set forth in paragraph (a) above which, in the reasonable judgment of the committee would render the proposed improvement inharmonious or out of keeping with the objectives of the improvements erected on other home sites in the immediate vicinity of the premises.
(d) If at any time the lot owner shall have submitted to the committee plans and specifications and the committee shall have neither approved such plans and specifications within forty-five (45) days from the date of their submission nor notified the lot owner of its objections within such period, then such plans and specifications shall be deemed to have been approved by the Architectural Committee. Similarly such restrictions shall apply to any action upon any revised plans and specifications. Upon completion of the improvement and notice to the committee, the committee shall have the right for a period of ten (10) days from receipt of such notice to inspect said improvement for the purpose of determining whether it complies with the plans and specifications previously approved. Within ten (10) days thereafter said committee shall either approve said improvement or notify the lot owner of the changes necessary to comply with the plans and specifications. In the event the committee does not act within said ten (10) day period the improvement shall conclusively be deemed to be satisfactory to the committee. All communications to the committee shall be delivered by hand or mail to a member of the Architectural Committee.
(e) There are situations in which time is of the essence (due to availability of workers, cost savings of materials, etc.). For these projects, an owner can submit the plans to at least three individual members of the Architectural Committee. With written approval from each and all of the three, the project may continue. The approval will then be entered in the next meeting minutes of the Architectural Committee. Should ANY of the members to whom the proposal was submitted have reservations, the proposal shall be presented to the whole Architectural Committee for a vote. Rules for notifying the Architectural Committee of completion of the project remain in force for this situation.
(f) The Architectural Committee has prepared an architectural check list setting forth general concepts for the development of said tract which is available through one of the members of the Architectural Committee. Such check list may be modified from time to time.
Article VIII
Easements
Areas in the designated plat (including streets, sewers, water, power, gas and telephone, are reserved as easements and right-of-way for the benefit of all lot owners.
Article IX
Building Restrictions
Maximum Building Height: The peak of the roof for units to be built within this development shall not exceed twenty-eight (28) feet at the peak of the roof as measured from the nearest curb.
Square Feet to be contained in Single Family Residence: The minimum number of square feet in a detached single family residence shall be not less than 1300 square feet. The minimum square feet in a townhouse single family residence shall be not less than 800 square feet of living area.
Set Back Requirements: The minimum side yard requirement for single family lots shall be 7 ½ feet. Front and rear yard set-back requirements shall be 10 feet, save and except, front yard set-back shall provide 20 feet to park a vehicle in front of any garage.
Restrictions on carports: No carport shall be allowed in the development. Parking shall be provided by means of entirely closed parking facilities, garages.
Fences: No fences shall be constructed within the development except as specifically permitted by the Association through the Architectural Committee. The Architectural Committee shall be responsible for granting permission for building fences and shall set specific guidelines for such fences. No fences shall be allowed except within written permission granted by the Architectural Committee.
Article X
General Restrictions
Animals: No domestic animals of any kind shall be raised, kept or permitted upon the premises or any part thereof other than dogs, cats and birds which are not kept, bred or raised thereon for commercial purposes or in unreasonable numbers, and which are reasonably controlled to avoid their being a nuisance to other lot owners.
Mobile (Manufactured) Homes, Temporary Structures: No mobile (manufactured) homes permanent or temporary, or temporary structure shall be allowed with the exception of a construction type to be used only during a period of construction. Approval shall rest with the Architectural Committee for granting such a permit.
Campers, Motor Homes, Travel Trailers or Boats: Campers, motor homes, travel trailers or boats shall be permitted to be left on the owner or tenant occupied drive or street for a period not to exceed five (5) days.
Trash or Refuse: No open air trash burning will be allowed at any time on any property included in this development. No garbage, trash or refuse will be allowed to accumulate on any property contained in this development. Failure to remove the heretofore mentioned will result in the Association having such removed and presenting the owner with a charge for said removal. If not paid within thirty (30) days, a lien will be recorded against the property involved.
Trash and recycle bins or receptacles shall be kept out of public view except for when the refuse is placed curbside for pickup by waste disposal agency.
Commercial Business: No commercial business of any type shall be allowed to be established on or operated from this development.
Non-usable Motor Vehicles: There shall not be stored or kept upon said lots or tracts in open and plain view any old, non-usable motor vehicles of any type, or any such motor vehicles which have been stripped or which would be considered junk. Nor shall any of said lots or tracts be used as a motor vehicle junk yard or for the furtherance of an automobile wrecking business..
No Offensive Noise or Activities: No resident or guest of resident shall make any offensive noises or conduct any activity which offends or interferes with other residents’ use of their property or the private commons.
Advertisement or Posters: No resident of a unit shall post any advertisement or poster of any kind in or upon the properties except as authorized by the Association.
Article XI
General Provisions
Enforcement: If the parties hereto, or any of them, or any lot owners or their heirs or assigns or any persons claiming under them shall violate or attempt to violate any of the restrictions and covenants contained herein, it shall be lawful for the Association or for any person or persons owning any property situated in said subdivision to prosecute any proceeding at law or in equity against such person or persons violating or attempting to violate any such restriction or covenant and neither to prevent him or them from so doing or to recover damages for such violations.
Severability: Invalidation of any of these covenants or restrictions by judgment or court order shall in no way effect any of the other provisions herein which shall remain in full force and effect.
Amendments: The covenants, easements and restrictions contained herein are to run with the land and shall be binding on all parties and all persons claiming under them, for a period of thirty (30) years from the date of recording this declaration, the record owners of lots contained in said tract shall determine by vote whether to retain said covenants, easements and restrictions. The covenants, easements and restrictions of this declaration may be amended by an instrument signed by not less than 2/3 of the lot owners (who either live on the property or have a mailing address on file with the Board of Directors). Any amendment must be properly recorded. Easements herein may be granted and reserved shall not be amended except by instrument signed and acknowledged by 100% of the owners of said property (who either live on the property or have a mailing address on file with the Board of Directors.
Original: Recorded 30th day of September 1976
Updated & Recorded 6th day of November 2009
Article XII
Gender: As used herein and in the Bylaws, the masculine, feminine and neuter each include all gender identities, as the context requires.
Amended & Recorded 13th day of December 2022
Article XIII
Rental Restrictions
Limitation on Rentals: No lot shall be rented, leased, or subleased for transient or hotel purposes, or for any period of less than one (1) year. However, in order to avoid undue hardships or practical difficulties such as the owner’s death, job relocation, unemployment, disability, illness, or other similar circumstances, the Board of Directors has discretion to approve a hardship application, made in writing, of an owner or authorized representative of an owner to rent or lease the owner’s lot for a definite period shorter than one year.
Amended & Recorded 3rd day of April 2024