Subdivision Covenants | Hillcrest Ranch

Hillcrest Ranch Covenants Summarized:

1. Community Overview

Purpose:
Designed to create an attractive, well-planned neighborhood with a mix of residential lots and a dedicated townhome area.
Ownership & Administration:
Initially managed by the Declarant (the developer), with plans for the homeowners to assume community administration over time through the Hillcrest Ranch Subdivision Homeowners Association ("Association").

2. Property & Use

Lots & Common Areas:
- Lots: Individual plots for residential development.
- Common Areas: Land and facilities (parks, recreational areas, private roads) maintained by the Association for the benefit of all residents.
Residential Use:
Only allowed for residential purposes. Home-based businesses are permitted under strict conditions, ensuring minimal impact on the community.

3. Architectural & Development Controls

Approval Process:
Any construction or significant alteration requires submission of plans to the Architectural and Development Control Committee (or the Declarant acting in that capacity) for approval.
Standards:
- Design, materials, color schemes, and placement must be in harmony with community standards.
- Landscaping, building setbacks, and parking areas must meet both local ordinances and Association guidelines.

4. Maintenance & Aesthetics

Lot Upkeep:
Owners are required to keep their properties neat and well-maintained. This includes proper landscaping and repair of structures.
Enforcement:
The Association may intervene (and assess fines) if lots fall below acceptable standards, ensuring a high-quality neighborhood appearance.

5. Assessments & Financial Obligations

Regular Assessments:
Each lot owner must contribute through annual and, if necessary, special assessments. These funds support maintenance of Common Areas, community facilities, and specific improvements (e.g., townhome common-wall and roof maintenance).
Lien on Property:
These assessments create a lien on the property, meaning they are a continuing charge that remains with the lot even if it is sold.

6. Membership & Voting Rights

Homeowners Association Membership:
Automatically granted to every lot owner, with voting rights based on property type:
- Single-Family Lots: One vote per lot.
- Townhomes: One-half vote per unit.
Decision-Making:
Major changes (e.g., increasing assessment rates or amending covenants) require a vote by the association members.

7. Property Modifications

Lot Consolidation & Withdrawal:
- Adjacent lot owners may consolidate their lots (subject to local approvals).
- The developer retains the right to withdraw certain parcels from the subdivision before the sale of the first lot.
Future Developments:
There is flexibility in the number of lots and living units that may be created as the subdivision evolves.

8. Legal & Enforcement

Binding Nature:
The covenants run with the land, meaning they are legally binding on all current and future property owners.
Modification:
Changes to the covenants can only be made with a majority vote of all lot owners, ensuring that the community retains control over its standards and practices.

Full Text of Covenants:

HILLCREST RANCH SUBDIVISION
AMENDED AND RESTATED DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS

This Amended and Restated Declaration is made on the date hereinafter set forth by OLO Hillcrest Development, LLC, an Idaho Limited Liability Company hereinafter referred to as "Declarant".

WITNESSETH:

WHEREAS, the Declarant is and acts on behalf of the owners of the real property known as, or to be known as, the Hillcrest Ranch Subdivision, which is more particularly described in "Exhibit A" attached hereto and by this reference incorporated herein, hereinafter referred to as the "Entire Property"; and

WHEREAS, the Property consists of the land above described, together with certain residential buildings hereafter to be constructed upon the Property and includes the section of land that is planned to be a "townhome development" within the larger area of the subdivision; and

WHEREAS, the Declarant has constructed, will construct or allow construction of the residential buildings and other improvements upon the Property in accordance with the plans and drawings set forth in the Record of Survey Map to be filed in the office of the County Recorder for Bonneville County, Idaho; and

WHEREAS, the Declarant hopes to create in, Hillcrest Ranch Subdivision, a carefully planned community which will provide an attractive place to live. Declarant presently plans to organize within Hillcrest Ranch Subdivision a number of residential areas (each a "Project"). Other areas within or adjacent to Hillcrest Ranch Subdivision may be devoted to various recreational purposes, or to public or private parks and open space areas; and

WHEREAS, Declarant will provide leadership in organizing and administering Hillcrest Ranch Subdivision during the development period, but expects property owners in Hillcrest Ranch Subdivision to accept the responsibility for community administration by the time the development is complete;

WHEREAS, one of the primary purposes of this Declaration is to provide for the ownership, maintenance and use of certain Community Open Space Parcels (defined below) that will be owned and operated by an owners association for the benefit of all properties now or later made subject to the Declaration. In addition, Projects made subject to this Declaration may be subject to Project Declarations which impose additional or different restrictions on the use of property within such Projects and may establish Project Open Space Parcels for the benefit of the owners within such Projects; and

WHEREAS, within the Hillcrest Ranch Subdivision, there shall be units of townhomes, described as homes with common walls combining multiple living units, and the owners of such townhomes shall have different rates of assessment and voting rights; and

WHEREAS, funds for the maintenance and development of Community Open Space Parcels and Community Facilities generally will be provided through assessments against those who purchase property within Hillcrest Ranch Subdivision, although to assist with the development of Hillcrest Ranch Subdivision, Declarant may from time to time itself provide some Improvements. For the protection of all Owners of property in Hillcrest Ranch Subdivision there will be a system designed to assure that each person who purchased property in Hillcrest Ranch Subdivision will pay an equitable share of the moneys necessary for the maintenance and development of the Community Open Space Parcels and the Community Facilities.

NOW, THEREFORE, Declarant hereby declares that the Entire Property described above shall be held, sold, conveyed, transferred, developed, leased, subleased, and occupied subject to the following covenants, conditions and restrictions which shall run with the Entire Property or any portion thereof and which are for the purpose of protecting the value and desirability of the Entire Property, and every portion thereof, and shall be binding upon all parties having any right, title, or interest in the Entire Property or any portion 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 the "HILLCREST RANCH SUBDIVISION HOMEOWNERS ASSOCIATION", its successors and assigns. By filing this declaration with the County Recorder's office, the Association, along with its governing abilities, shall be in force with all authority and power as outlined herein.

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 residential development. The Owners shall include the future owners of other parcels as shown in Exhibit "A".

Section 3. "Common Area" shall mean all real property (including the improvements thereto) owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association is described on Exhibit A attached hereto and incorporated herein.

Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the residential development with the exception of the Common Area.

Section 5. "Declarant" shall mean and refer to Smiling H, its successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from the Declarant for the purpose of development.

Section 6. "Committee" shall mean and refer to the ARCHITECTURAL AND DEVELOPMENT CONTROL COMMITTEE, appointed by the Declarant. Any reference herein to the Committee shall, if said Committee is not selected, constitute a reference to OLO Hillcrest Development, LLC, whether so expressed or not.

Section 7. "Front Yard" shall mean and refer to the portion of a Lot immediately adjacent to the street and most visible therefrom. Any Lot where the location and acreage of the "Front Yard" may be difficult to ascertain shall be determined by the Committee. The Committee's determination of the "Front Yard" for an individual Lot shall be final.

Section 8. "Townhome" shall mean any living unit within the residential development that shares at least one common wall with another living unit.

Section 9. "Side Yard" shall mean and refer to the portion of a Lot that is not defined as the "Front Yard" or the "Backyard" as defined herein. Any Lot where the location and acreage of the "Side Yard" may be difficult to ascertain shall be determined by the Committee. The Committee's determination of the "Side Yard" for an individual Lot shall be final.

Section 10. "Backyard" shall mean and refer to the portion of a Lot that is in rear of the residence and separated from the roadway by the residence. Any Lot where the location and acreage of the "Backyard" may be difficult to ascertain shall be determined by the Committee. The Committee's determination of the "Backyard" for an individual Lot shall be final.

ARTICLE II
PROPERTY RIGHTS

Section 1. Owners' Easement of Enjoyment. Common Easement Areas shall consist of two types: (i) easements reserved over land for signage and visual landscape features and (ii) land reserved for private roads and trail. Such areas are to be maintained by the Association and no changes in the use or improvement of those areas will be permitted without written authorization by the Management Committee of the Association. No building, wall, fence, paving, landscaping or construction of any type shall be erected or maintained by any Owner so as to trespass or encroach upon the Common Easement Areas. Unless the plat specifically indicates that a tract or parcel is a "Community Easement Area," the tract or parcel shall be deemed to be Project Common Area.

Every Owner shall have a right and easement of enjoyment in and to the Common Area that 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 sixty (60) days for any infraction of its published rules and regulations; (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 Owners. No such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer signed by two-thirds (2/3rds) of the Owners has been recorded.

Section 2. Delegation of Use. Any Owner may delegate, in accordance with the By-Laws adopted by the Association, his right of enjoyment to the Common Area and facilities to a member of the owner's family, or owner's tenants, or contract purchasers who occupy the property.

Section 3. Lot Creation: Declarant Limitation. There is no limitation on the number of Lots or Living Units which Declarant may create or annex to Hillcrest Ranch Subdivision, except as may be established by applicable ordinances of Bonneville County and Ammon City. Similarly, there is no limitation on the right of Declarant to annex common property, except as may be established by Bonneville County. Declarant does not agree to build any specific future Improvement, but does not choose to limit Declarant's right to add additional Improvements.

Section 4. Withdrawal of Property. Subject to such approvals, as may be required by Bonneville County and Ammon City ordinances or any development agreement entered into between the Declarant and the County applicable to Hillcrest Ranch Subdivision, Declarant may withdraw property from Hillcrest Ranch Subdivision only by duly adopted amendment to this Declaration, except that Declarant may withdraw all or a portion of the Initial Property or any Additional Property annexed pursuant to a declaration at any time prior to the sale of the first Lot in the respective plat of the Initial Property, or in the case of Additional Property, prior to the sale of the first Lot in the property annexed by the supplemental declaration. Such withdrawal shall be by a declaration executed by Declarant and recorded in the deed records of Bonneville County, Idaho. If a portion of the Property is so withdrawn, all voting rights otherwise allocation to Lots being withdrawn shall be eliminated, and the common expenses shall be reallocated. Such right of withdrawal shall not expire except upon sale of the first Lot within the applicable phase of the Property as described above.

Section 5. Consolidation of Lots. The Owner of two adjoining Lots, with the approval of Bonneville County and subject to any applicable Bonneville County ordinances, may elect to consolidate such Lots into one Lot. The consolidation shall be effected by the Owner's recording in the deed records at Bonneville County, Idaho, a declaration stating that the two Lots are consolidated and such other documents as are required by applicable ordinance, which declaration shall include a written consent executed on behalf of Bonneville County. Thereafter, the consolidated Lots shall constitute one Lot for all purposes of this Declaration, including voting rights and assessments. Once so consolidated, the consolidated Lot may not thereafter be partitioned nor may the consolidation be revoked without the prior approval of Bonneville County.

ARTICLE III
MEMBERSHIP AND VOTING RIGHTS

Section 1. Every owner of a Lot that is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot that is subject to assessment.

Section 2. Voting Rights: With the exception of Owners of Townhomes, all Owners shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Lot. Owners of Townhomes shall be entitled to one-half voting right for each Townhome owned.

Section 3. Annexed Lots. Upon annexation, additional Lots so annexed shall be entitled to voting rights as set forth herein. (Prior to annexation, proposed Lots shown on the Conceptual Site Plan Approval for Hillcrest Ranch Subdivision shall be counted for calculating the voting rights of the Class B member.)

ARTICLE IV
COVENANT FOR MAINTENANCE ASSESSMENTS

Section 1. Creation of the Lien and Personal Obligation of Assessments. The Declarant and current Lot Owners, for each Lot owned within the Properties, hereby covenant, and each future Lot Owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association: (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 special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them.

Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas.

Section 3. Maximum Annual Assessment. The maximum annual assessment shall be set first by the Declarant and recorded in the Association's minutes. Thereafter, the annual assessment shall be governed as follows: (a) From and after January 1 of the year immediately following the recording of this document, the maximum annual assessment may be increased above seven percent (7%) by a vote of fifty point one percent (50.1%) of each class of members who are voting in person, by verified online voting, or by proxy, at a meeting duly called for this purpose. (b) Beginning one calendar year after the initial assessment amount, the Board of Directors, without need of a vote from the whole Association, may increase the annual assessment by one to seven percent (1%-7%). Any increase in the annual assessment, in excess of seven percent (7%) shall require a vote of the whole Association.

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 whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto; provided that any such assessment shall have the assent of fifty point one percent (50.1%) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose.

Section 5. Notice and Quorum for Any Action Authorized Under Sections 3 and 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 3 or 4 shall be sent to all members not less than twenty-one (21) days, nor more than thirty (30) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast the votes of each class 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 (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and may be collected on a monthly basis. Townhome Owners shall be assessed a separate annual and special assessment rate that shall be fixed and uniform for each Townhome within the development. From this assessment, in addition to the ongoing maintenance required of all lot owners in the Development, the assessments for Townhome Owners will be collected and used for common-wall maintenance and roof maintenance of the Townhomes.

Section 7. 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 recording of this declaration. 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 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. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Declarant shall not have to pay any assessments on any Lots or Properties it owns until a Dwelling Unit on said Lot is completed and a permit of occupancy has been issued to a subsequent purchaser.

Section 8. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall pay a late fee of $30 and bear interest from the due date at the rate of seven percent (7%) percent per annum. The Association may bring an action at law against the Owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his Lot.

Section 9. 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 or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which become 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.

Section 10. Townhome use of Maintenance Assessments. The fixed assessment rate of the Townhome Owners shall be used for all those purposes stated herein for the use of the Maintenance Assessments for all Lot Owners. Additionally, Maintenance Assessments for Townhome Owners will be used for common wall and roof maintenance within the Townhome area of the Development. The Association shall maintain a separate operating account for Townhome maintenance.

ARTICLE V
SPECIFIC STANDARDS AND RESTRICTIONS ON USE

Section 1. Entire Property: Each Lot shall be developed pursuant to a permit issued by Bonneville County and/or Ammon City and with approval of the Association's Architectural and Development Control Committee. No portion of the Entire Property may be occupied by any use that is in violation of applicable ordinances, laws, and regulations of any governmental entity having jurisdiction over the use of any portion of the Entire Property.

Section 2. Partial Prohibition: No portion of the Entire Property shall be used for activities other than those related to Hillcrest Ranch Subdivision. The type and location of all uses shall be approved by the Association.

Section 3. Performance Standards: No Lot or Improvement shall be used for any offensive business purpose, nor for any activity which does not comply with federal, state, and local laws and regulations regarding noise, odor, air quality, water quality, waste water discharge, electrical interference, and hazardous materials. Lot Owners shall maintain good housekeeping standards, keeping Lots free of weeds, rubble and trash. Lot Owners shall not store, maintain or keep fire hazards, explosives or dangerous materials within the Subdivision.

Section 4. Insurance: All Owners, and/or their tenants, shall maintain property (homeowners) insurance and/or general liability insurance.

Section 5. Residential Use. Residential Lots shall only be used for residential purposes. Nothing in this paragraph shall be deemed to prohibit (a) activities relating to the rental or sale of Living Units, (b) the right of Declarant or any contractor or homebuilder to construct Living Unit as a sales or rental office or model home or apartment for purposes of sales or rental in Hillcrest Ranch Subdivision, and (c) the right of the Owner of a Residential Lot to maintain his professional personal library, keep his personal business or professional records or accounts, handle his personal business or professional telephone calls or confer with business or professional associates, clients foregoing to the contrary notwithstanding, an Owner or the Owner's contractor may, during the period of construction as specified herein, place and maintain upon a Lot no more than one (1) dumpster and one (1) portable toilet facility. (a) Home-Based Business. Home-based businesses shall be allowed with the following conditions: 1) approval and proper licensing by Ammon City, 2) no more than one customer vehicle parked at the home-based business at any one time, 3) on site construction and manufacturing shall be prohibited, and 4) no outside storage of vehicle(s), equipment, or product/supplies.

Section 6. Maintenance of Lots: Buildings, outbuildings, landscaping and other improvements shall be continuously maintained to preserve a well-maintained appearance. If the appearance of a Lot falls below reasonable levels, the Association, or its successor, shall notify the Owner of a Lot in writing and the Owner shall have thirty (30) days after receipt of such notice to restore the property to an acceptable level of maintenance. Should the owner fail to do so, the Association, or its successor, may order the necessary work done at the expense of the Owner of the Lot. Lots that are held in ownership but not occupied are subject to the same maintenance conditions. Pre-construction and during construction of a residence on any Lot, the Lot shall be maintained in accordance with acceptable standards. Weeds are strictly prohibited at any time (pre-construction, during construction, and post construction) on every Lot. Owners shall ensure that Lots remain free of weed and debris. Field grass shall not be considered a "weed" during the pre-construction period on a Lot. However, field grass shall be maintained at a reasonable level.

ARTICLE VI
ARCHITECTURAL AND DEVELOPMENT CONTROLS

Section 1. Architectural and Development Control Committee: The Declarant shall appoint a three (3) member Architectural and Development Control Committee, herein referred to as the "Committee", the function of which shall be to ensure that all improvements on the Entire Property harmonize with existing surroundings and structures and meet the restrictions and requirements described in this Declaration or as contained in any Development Guidelines established by the Committee.

Section 2. Submission to Committee: No Improvement shall be constructed and no significant alteration of any Improvement situated on a Lot shall be performed, unless complete plans and specifications therefore have first been submitted to and approved in writing by the Committee, which approval shall not be unreasonably refused.

Section 3. Approval Procedure: Any plans and specifications submitted to the Committee shall be approved or disapproved by it in writing within thirty (30) days after submission. In the event the Committee fails to take any action within such period, it shall be deemed to have approved the material submitted; provided, however, that with respect to any such material which constitutes a variation or waiver of any of the requirements in this Declaration stated, such variation or waiver shall be deemed to have been refused. Approval by the Committee shall be in addition to, and shall not supercede compliance with all Association requirements involving, but not limited to, the conditional use permit controlling the development of the Lot.

Section 4. Standards: In deciding whether to approve or disapprove plans and specifications submitted to it, the Committee shall use its best judgment to ensure that all improvements, construction, landscaping, and alterations on Lots within the Entire Property conform to and harmonize with the requirements and restrictions of this Declaration.

Section 5. Development Guidelines: (a) The Committee shall adopt such Development Guidelines as it deems necessary to inform owners and interested parties of the standards which will be applied in approving or disapproving proposed construction. (b) Such guidelines may amplify but may not be less restrictive than the regulations and restrictions stated in this Declaration and shall be binding upon all Owners of Lots within the Entire Property provided, however, that such Owners may modify such guidelines with written exception from the Committee. (c) Such guidelines shall specifically state the rules and regulations of the Committee with respect to the submission of plans and specifications for approval, time or times within which such plans and specifications must be submitted, and state such other rules, regulations, and policies which the Committee will consider in approving or disapproving proposed construction of or alteration to Improvements.

Section 6. Basis for Approval: Review and approval by the Committee must be based upon the standards set forth in this Declaration and in the Development Guidelines. The Committee shall consider not only the quality of the specific proposal but also its effect and impact upon neighboring Lots, the Entire Property, and the surrounding residential neighborhoods.

Section 7. No liability for damages: The Committee shall not be liable for damages by reason of any action, inaction, approval, or disapproval by it with respect to any requirement made pursuant to this Article.

Section 8. Declaration's Obligation: Declarant and existing owners hereby covenant in favor of each Owner and future Owners that all Improvements erected by it shall be architecturally compatible with respect to one another, with this Declaration, and with the Development Guidelines.

Section 9. Architectural Review: No Improvement, including structural improvements, shall be commenced, erected, placed or altered on any Lot until the construction plans and specifications showing the nature, shape, heights, materials, colors and proposed location of the Improvement have been submitted to and approved in writing by the Committee.

ARTICLE VII
IMPROVEMENTS

Improvements on Lots shall be constructed strictly in accordance with the following restrictions and requirements:

Section 1. Construction of Improvements: Temporary Structures: No temporary building or other temporary structure shall be permitted on any Lot; provided, however, that trailers, temporary buildings and the like shall be permitted for construction purposes during the construction period of a permanent building. Such structures shall be placed as inconspicuously as practicable, shall cause no inconvenience to Owners or Occupants of other Lots, and shall be removed no later than the date of the issuance of an occupancy permit for the Building in connection with which the temporary structure was used.

Section 2. Location of Buildings: Setbacks: Buildings on all Lots shall be constructed in accordance with Bonneville County/Ammon City Ordinance and Association guidelines and standards.

Section 3. Building Standards: Buildings shall be constructed according to the following standards and guidelines: (a) Materials: All structures must be finished on all sides with materials approved by the Committee. (b) Colors: All buildings shall be finished in colors that are approved by the Committee. (c) Height: Building height is restricted to a maximum set by the Committee. (d) Outside Storage: If allowed by the Committee, all storage and storage activities outside of the main buildings, except loading and unloading, shall be conducted within a building or enclosure constructed with the same exterior finish as the main building. The design of all storage buildings and enclosures shall be approved by the Committee.

Section 4. Parking Areas: Parking Areas shall be constructed and maintained by the Owner as follows: (a) Parking Surfaces: All parking spaces, parking areas and driveways must be constructed in accordance with standards established by the Association. (b) Parking Setbacks: All parking areas shall be set back a certain number of feet from all dedicated public streets, in accordance with Bonneville County/Ammon City ordinances and standards set by the Committee. (c) Parking Requirements: Parking requirements may be modified by the Committee in its judgment and discretion.

Section 5. Site Landscaping: (a) All areas of a Lot, excepting the area of the actual residence, the area of the driveway, and area(s) of sidewalk and/or cement pathways shall require landscaping. Landscaping includes the following: grass (real or synthetic), planting areas, garden areas, sport courts with hard surfaces, and any other landscaping approved by the Committee. Landscapes should include a variety of trees, shrubs, perennials and ornamental grasses. Landscapes should focus on both water conservation and beauty. Bare soil and weeds are specifically prohibited and shall not be considered Landscaping. (b) Park Strip Trees. The area between the roadway and the sidewalk shall be defined as the "Park Strip". Owners shall plant and maintain trees in the Park Strip areas of the Lots. Each Lot shall have two (2) Park Strip trees and corner Lots shall have four (4) Park Strip trees. Tree species for Park Strips shall comply with the street tree master plan, which is attached hereto as Exhibit "B". (c) Landscaping and lighting plans for the non-Front Yard portion of the Lot shall be submitted to the Committee for approval as a part of the site plan. (d) Landscaping Completion. All site landscaping for the front yard shall be completed within twelve (12) months of receipt of Certificate of Occupancy for the residence. For side yards and backyards, all site landscaping shall be completed within twenty-four (24) months of the receipt of the Certificate of Occupancy for the residence. However, this requirement may be varied by the Committee. In connection therewith, said landscaping shall be consistent with other landscaping in the Project. Furthermore, each Lot, including improvements thereon, shall be maintained by the Owner in an attractive condition. In the event an Owner of any Lot in the Properties shall fail to perform such landscaping or to maintain the premises in the improvements situated thereon in a manner satisfactory to the Board of Directors, the Association, after approved by Two-Thirds (2/3rds) vote of the Board of Directors, shall have the right, through its agents and employees, to enter upon said Lot and to landscape, repair, maintain and restore the Lot and the exterior of the Buildings and any other Improvements erected thereon, the costs of such landscaping and exterior maintenance shall be added to and become part of the individual Assessment to which such Lot is subject. No fence, wall, hedge, shrub, bush, tree or monument, real or artificial, shall be planted or placed by any Owner or Resident in, on or about the Common Areas without prior written consent of the Committee. The Committee may alter or remove any objects which create, in the opinion of the Committee, a dangerous or potentially dangerous condition, or have been planted or placed in a manner which violates this subsection.

(e) Fencing. Owners shall not construct, build or otherwise erect any fencing, regardless of the nature thereof, on, in or around the Front Yard of the Lot. Owners may, at the Owners' sole cost, fence Side Yards and Backyards. Prior to fencing any portion of a Side Yard and/or Backyard, Owners must receive approval from the Committee for the fence's location of placement. All fences must comply with local ordinance and regulations, and in no event shall a fence exceed six (6) feet in height. (f) Maintenance of Lot. Each Lot's Yard shall be maintained exclusively by the Owner. Buildings, outbuildings, fences, landscaping and other improvements shall be continuously maintained to preserve a well-kept appearance. If the appearance of a Lot falls below reasonable levels, the Committee, or other committee appointed by Lot Owners as provided for below, shall so notify the Owner in writing and the Owner shall have thirty (30) days thereafter to restore the property to an acceptable level of maintenance. Should the Owner fail to do so, the Committee or the other committee may order the necessary work performed at the Owner's expense. No rubbish shall be stored or allowed to accumulate on Lots. Personal property of the Lot Owner in the process of being repaired shall not be left in the visible sight of neighbors for more than thirty (30) days, unless repairs occur. No excavation for stone, gravel or earth shall be made on Lots, unless such excavation is made in connection with the erection of a building or structure thereon and approved by the Committee.

Section 6. Maintenance: Buildings, Landscaping, and other improvements shall be continuously maintained by Lot Owners so as to preserve a well-kept appearance (e.g., free of weeds and trash). If the Committee is not satisfied with the level of maintenance on a Lot, it shall notify the Owner in writing, and the Owner shall have thirty (30) days thereafter in which to restore its Lot to a level of maintenance acceptable to the Committee. If in the Committee's opinion, the Owner has failed to bring the Lot to any acceptable standard within such thirty (30) day period, the Committee may order the necessary work performed on the Lot at the Owner's expense. Failure to properly maintain improvements and landscaping shall be adequate grounds assessment of fines in order to pay for costs of landscaping and maintenance.

Section 7. Utility Connections: All utility lines, connections and installations must be underground and rise within a building or fixture. Any external transformers, meters, or similar fixtures shall be installed with the approval of the Committee, and should be installed below ground level or shall be located no more than three (3) feet from a building, must be installed no more than three (3) feet above ground level and must be screened.

Section 8. Secondary Water and Fiber Optic Utilities: The Declarant, at its sole discretion, may elect for the Association to be exclusively responsible for communication, development, installation, and continued maintenance of any secondary water connections and fiber optic connections. In the event the Declarant elects to exercise its discretion related to Secondary Water and Fiber Optic Utilities, the Declarant, through the Association, shall bill lot owners and collect payments for the use of secondary water and fiber optic connections. The Association shall then ensure that secondary water and fiber optic providers are paid for the services provided to the Owners of lots in Hillcrest Ranch Subdivision.

ARTICLE VIII
GENERAL PROVISIONS

Section 1. Severability. If any provision, paragraph, sentence, clause, phrase, or word of this Declaration should under any circumstance be invalidated, such invalidity shall not affect the validity of the remainder of the Declaration, and the application of any such provision, paragraph, sentence, clause, phrase, or word in any other circumstances shall not be affected thereby.

Section 2. Topical Headings and Conflict. The Headings appearing at the beginning of the paragraphs of this Declaration are only for convenience of reference and are not intended to describe, interpret, define or otherwise affect the content, meaning or intent of this Declaration of any paragraph of this Declaration of any paragraph or provision hereof. In case any provisions hereof shall conflict with Idaho law, Idaho shall be deemed to control.

Section 3. Modification and Amendment. Any modification of or amendment to this Declaration shall become effective upon majority vote by all Lot Owners.

Section 4. Effective Date. This Declaration shall take effect upon recording in the office of the County Recorder of Bonneville County, Idaho.