Covenants

RESTATED DECLARATION OF RESERVATIONS AND RESTRICTIVE COVENANTS AND CONDITIONS FOR RED ROCK MEADOWS SUBDIVISION 

These Restated Declaration of Reservations and Restrictive Covenants and Conditions for the Red Rock Meadows Subdivision ("Declaration") is made effective this 1st day of March, 2015, by owners consisting of more than sixty percent of the homeowners ("Owners") within Red Rock Meadows Subdivision, each of which are members of Red Rock Meadows Homeowners' Association, Inc. ("Association") for themselves/itself, and their successors and assigns. 

Now, Owners subject all of the following real property to the following covenants, charges, assessments, conditions, and restrictions, subject to the limitations contained in this Declaration:

1. Lot 1R and Lot 8 in Block 1, and Lots 1 through 8, inclusive, in Block 10, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 33, Page 50, with the Pennington County Register of Deeds.
2. Lots 2 through 7, inclusive, in Block 1, and Lots 1 through 9, inclusive, in Block 2, and Lots 1 through 24 and Lots 27 through 49, inclusive, in Block 3, and Lots 1 through 19, inclusive, in Block 4, and Lot 2 in Block 6, and Lots 1 and 2 in Block 7, and Lots 1 and 2 in Block 8, and Lot 1 in Block 9, and Drainage Lot, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota as shown on the plat filed in Plat Book 32, Page 179, and as corrected by Affidavit of Correction recorded April 13, 2005, in Book 143, Page 7591 with the Pennington County Register of Deeds.
3. Lots 10 through 19, inclusive, and Lot 21 in Block 2, and Lots 2 through 8, inclusive, in Block 9, and Lots 1 through 4, inclusive, in Block 13, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 34, Page 149 with the Pennington County Register of Deeds.
4. Lots 20A and 20B in Block 2 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201302506, with the Pennington County Register of Deeds.
5. Lots 25R and 26R in Block 3 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 33, Page 148 with the Pennington County Register of Deeds.
6. Lot 9R in Block 5 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 33, Page 51 with the Pennington County Register of Deeds.
7. Lot 10 in Block 5, and Lots 3 through 10, inclusive, in Block 6, and Lots 3 through 8, inclusive, in Block 7, and Lot 1 in Block 12, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 33, Page 144 with the Pennington County Register of Deeds.
8. Lot 1R in Block 6 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 33, Page 144, and as corrected by Affidavit of Correction recorded September 28, 2010, in Book 202, Page 6737 with the Pennington County Register of Deeds.
9. Lots 9 through 13, inclusive, in Block 7, and Lots 3 through 13, inclusive, in Block 8, and Lots 9 through 20, inclusive, in Block 9, and Lots 5 through 9, inclusive, in Block 13, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Plat Book 35, Page 34 with the Pennington County Register of Deeds.
10. Lots 14 through 22, inclusive, in Block 7, and Lots 14 through 21, inclusive, in Block 8, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201111467 with the Pennington County Register of Deeds.
11. Lots 23 through 26, inclusive, in Block 7, and Lot 2 in Block 12, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201210672 with the Pennington County Register of Deeds.
12. Lot 3R in Block 12 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201219748 with the Pennington County Register of Deeds.
13. Lots 27 through 35, inclusive, in Block 7 of Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201310798 with the Pennington County Register of Deeds.
14. Lots 1 through 8, inclusive, in Block 14, and Drainage Lot 1/, all in Red Rock Meadows Subdivision, in the City of Rapid City, Pennington County, South Dakota, as shown on the plat filed in Document No. A201408482 with the Pennington County Register of Deeds.
15. Any other such lands within or added to the Red Rock Meadows Subdivision.

This Declaration shall replace and supersede any and all prior covenants, restrictions, and declarations, including but not limited to the following documents as filed with the Pennington County Register of Deeds:

1. Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision recorded March 29, 2005, in Book 143, Page 1758.
2. Amendment to Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision recorded May 3, 2005, in Book 144, Page 4758.
3. Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision and Declaration of Annexation recorded August 10, 2005, in Book 148, Page 69.
4. Amendment to Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision recorded November 14, 2005, in Book 151, Page 5437, and re-recorded February 10, 2006, in Book 154, Page 3688.
5. Amendment to Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision recorded February 10, 2006, in Book 154, Page 3691.
6. Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision and Declaration of Annexation recorded December 15, 2006, in Book 164, Page 8020.
7. Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision and Declaration of Annexation recorded August 20, 2007, in Book 172, Page 5156.
8. Restated Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision recorded November 14, 2007, in Book 175, Page 106.
9. Declaration of Reservations and Restrictive Covenants and Conditions for Red Rock Meadows Subdivision and Declaration of Annexation recorded May 27, 2008, in Book 180, Page 3566.
10. Extension of the Declaration of Reservations and Restrictive Covenants and Conditions Red Rock Meadows Subdivision and Declaration of Annexation recorded August 25, 2011 in Document No. A201111675.
11. Extension of the Declaration of Reservations and Restrictive Covenants and Conditions Red Rock Meadows Subdivision and Declaration of Annexation recorded July 19, 2012 in Document No. A201211129.
12. Extension of the Declaration of Reservations and Restrictive Covenants and Conditions Red Rock Meadows Subdivision and Declaration of Annexation recorded February 20, 2013, in Document No. A201303067.
13. Extension of the Declaration of Reservations and Restrictive Covenants and Conditions Red Rock Meadows Subdivision and Declaration of Annexation recorded July 10, 2013 in Document No.A201311769.
14. Extension of the Declaration of Reservations and Restrictive Covenants and Conditions Red Rock Meadows Subdivision and Declaration of Annexation recorded August 25, 2014, in Document No. A201411009.

NOW, THEREFORE, Owners hereby declare that all of the properties described above shall be held, sold and conveyed subject to this Declaration and the following Reservations and Restrictive Covenants and Conditions, which are made for the direct benefit of the property and for the purpose of protecting the value and desirability of the same, shall run with the real property and be binding on all parties having any right, title or interest in the described properties or any part thereafter, their heirs, successors and assigns, and shall inure to the benefit of each owner thereof.

ARTICLE I

DEFINITIONS 

Section 1: "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Properties, including contract Buyers, but excluding those having such interest merely as security for the performance of an obligation. 

Section 2: "Properties" or "Property" shall mean and refer to that certain real property herein before described and such additions thereto as may hereafter be brought within the jurisdiction of Red Rock Meadows Subdivision. 

Section 3: "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties. 

Section 4: "Association" or "HOA" shall mean and refer to the Red Rock Meadows Homeowners' Association, Inc. and its successors and assigns. 

ARTICLE II 

ADDITIONAL PLATTING OF RED ROCK MEADOWS SUBDIVISION 

Section 1: Additional Plats. The Association shall have the right, without obtaining the consent of the Owners, which consent the Owners waive, to allow within the scheme of Red Rock Meadows Subdivision, and this declaration, additional real property which will be described in additional plats or replats to be recorded and to supplement and revise the declarations. Such supplemental plats or replats and additional, supplemental, or revised declarations may contain modifications and complimentary additions to reflect the different character, if any of the additional property which will become a part Red Rock Meadows Subdivision and fall within the jurisdiction of the Association. 

ARTICLE III 

RESIDENTIAL AREA COVENANTS 

The following Covenants shall apply to the residential areas of Red Rock Meadows Subdivision: 

Section 1: Use of Lot. Each residential lot shall be used for residential purposes only and not for any business, trade, commercial or industrial purpose whatsoever except that individuals may conduct non-nuisance, inoffensive businesses within their homes. Business enterprises, including self-employed businesses, where the public is invited, are not permitted.

Section 2: Architectural Control Committee ("ACC"). The ACC shall consist of three to five members appointed by the HOA Board of Directors and shall have such authority as provided for herein, by a resolution of the Board of Directors, and/or set forth in the HOA Bylaws, all as may be amended from time to time.

Section 3: Approval by ACC. No building shall be erected, placed or altered on any lot until the construction, plans and specifications, and the plan showing the location of the structure have been approved by the ACC ("ACC") as to quality of workmanship and material, harmony of external design with existing structures and as to location with respective topography and finished grade elevation.

Section 4: Construction. The minimum size of any dwelling house constructed on the above property shall be 1,200 square feet. These are for finished living areas only which excludes basements, garages, and open or screened porches. All construction shall be original, in that no previously constructed used dwelling, trailer house or mobile home shall be permitted on any such property.

Section 5: Roofing. In order to maintain the high quality of home sites, no dwelling house or structure shall be erected on the property without fire retardant concrete tile shingles or fire retardant shade shingles, dimensional composition shingles, or an approved equal that meets Architectural Standard So (thirty year shingle).

Section 6: Exterior Appearance. The exterior of every building shall be composed of one or a combination of the following: natural wood, hardboard, manufactured siding or other rustic material (approved by the ACC), stone, or brick or stucco. All exterior materials, including but not limited to roofing, siding, decking, or fencing shall be an earth tone hue as defined and preapproved by the ACC. In no event shall any neons or bright non-neutral colors be allowed. A minimum of 20 percent of the front elevation excluding windows and garage doors must be in stone, brick, or stucco.

Section 7: Single Family Dwellings Only. No buildings shall be allowed except for single family dwellings and community centers, facilities, or improvements of common benefit to Owners. No modular homes, mobile homes, tents, shacks, barns, temporary buildings, manufactured houses, structures of a temporary character, storage buildings, non-attached garages are permitted.

Section 8: Location of Building. Except as hereinafter provided, or with the specific consent of the ACC, no dwelling house or structure shall be erected on the property contrary to the City of Rapid City minimum specifications, except for a pool house for a swimming pool, which must be approved in advance by the ACC. No unattached or out buildings shall be erected unless specifically authorized herein.

Section 9: Completion of Construction. Any building commenced on any lot shall be prosecuted diligently to completion and shall be completed within nine (9) months from the commencement of the construction unless such completion is prohibited by inclement weather or disaster.

Section 10: Appearance and Improvement of Lot. Each lot, landscaping, and improvements on the same must be maintained to a state of good repair, neat and well kept. It is the responsibility of each Owner that: his/her lot is mowed and raked as necessary; that sidewalks as kept free of debris, snow, and obstructions; and lawns, landscaping or gardens are maintained in a neat and orderly condition. Firewood or other combustible material must be stacked neatly against the rear of the house or garage, or in such other places as are not visible from the street.

Section 11: Landscaping. All natural surface areas disturbed by construction shall be returned promptly and as neatly as possible to their natural state. Landscaping shall be completed around each occupied home within 270 days following the initial closing of the home and shall at all times be maintained in good condition and repair. A minimum of three medium-sized trees (as described in the Rapid City Planning Department Landscaping Manual) shall be planted. However, if the lot already has a minimum of three trees the requirement will be waived. The ACC may adopt additional rules and regulations with regard to preservation of natural resources, grasses, trees and wildlife within the subdivision as it may consider appropriate.

Section 12: On Street Parking. On street parking is restricted to emergencies, deliveries and guests. No automobiles(s) shall be visible unless they are in good operating condition with current license plates. The outdoor repair of automobiles is prohibited upon any portion of the property as well as any other activities which may be or become an annoyance or nuisance to the neighborhood. No recreational vehicles or boats shall be permitted on a street for more than 24 hours. It is the intention of this specific residential area covenant to eliminate any outdoor vehicle storage or parking which will contribute to the annoyance or create a nuisance in the development.

Section 13: Pets. No animals, livestock, or poultry of any kind shall be raised, fed or kept on any lot except dogs, cats or other household pets may be kept provided that they are not kept, bred or maintained for any commercial purpose. All pets must be confined upon the Owner's property. No barking or vicious dogs are to be kept on the property. No dog kennels or other pet facilities may be built on the property without the approval of the The total number of dogs and/or cats kept on any lot shall not exceed two (2).

Section 14: Trees. No dead trees, either standing or cut, are to be allowed on any lot (unless neatly stacked as firewood).

Section 15: Fences. All fences must be pre-approved by the ACC as to the dimensions, location, type, color, adequacy, and conformity to any other fencing policy of the ACC and/or Association. No fences shall be erected from the front corner of the house to the street. A chain link or cedar dog run, no larger than 10' by 10', may be allowed behind the home with ACC approval. Except for dog runs and temporary and seasonal garden fencing, all fencing must be maintenance-free vinyl fencing material, and no greater than six feet in height.

The ACC has the discretion to allow garden fences under the following conditions: a) the ACC approves the fence plan; b) the exclusive use of the fenced property shall be for gardening; c) fence shall be no taller than six feet in height as measured from ground level; d) fenced area shall be no larger than 400 square feet as may be determined by the ACC; e) fence shall be made of high quality materials; f) fence corner posts shall be at least 4" by 4" posts; and g) garden and fence shall be neatly maintained and area shall not be used for other purpose such as storage, pet enclosure, etc.

Section 16: Towers and Antennas. There shall be no satellite dishes larger than 18" in diameter of the Direct TV type, towers or antennas located on any lot unless specifically approved by the ACC.

Section 17: Trash. None of the property shall be used or maintained as a dumping ground for old cars, rubbish or trash. All garbage or other waste shall be kept in sanitary containers and other equipment for the disposal of garbage and shall be kept in a clean, sanitary, and fire safe condition. All garbage containers shall be stored in the garage or behind a fence. While being stored, no garbage cans should be visible from any public street. No abandoned, junked, or non-used vehicles or trailers shall be kept or stored on any lot within the subdivision.

Section 18: Setbacks. All dwelling houses shall adhere to the applicable minimum property line setback requirements of the City of Rapid City. Nothing in this section shall prohibit the Association from establishing reasonably and uniform setback requirements greater than those imposed by the City of Rapid City.

Section 19: Recreational Vehicle, Boat or Utility Trailer. Long-term parking or storage of one recreational vehicle, boat or utility trailer may be permitted if each of the following conditions are met:

a.     A parking plan consistent with these requirements is pre-approved by the ACC;

b.    Any said recreational vehicle, boat or trailer must be fully enclosed on three sides. Two sides shall be enclosed by a six foot (6') high vinyl privacy fence and the other side by the exterior garage wall;

c.    Any said recreational vehicle, boat or trailer shall be fenced as provided herein and located upon a concrete parking slab;

d.    Said concrete parking slab shall adhere to any and all local municipal building codes;

e.    Said vinyl fence shall be erected in such a manner so that when parked the portion of the recreational vehicle, boat or utility trailer facing the street shall be hidden by the privacy fence and that portion of the recreational vehicle, boat or utility trailer facing the side of the property shall also be hidden by the previously described privacy fence;

f.      In no event shall any such recreational vehicle, boat, trailer or privacy fence extend past the front corner of the garage; and

g.    Any and all recreational vehicles, boats and utility trailers shall have current license plates/tags.

Section 20:   Occasional Short Term Parking of Recreational Vehicle or Boat. Occasional short-term parking of up to 72 hours of either a boat or recreational vehicle may be permitted on an Owner's driveway. However, no such vehicle may extend on to the sidewalk or within a 10-foot clear sight triangle. The HOA and ACC have discretion to limit this provision in order to promote the harmony of the subdivision.

ARTICLE IV

NEGATIVE AND AFFIRMATIVE COVENANTS

Section 1: Negative Covenants. The following activities and structures are negative covenants and shall not be permitted on any lot in the subdivision:

a.    The operation of motorized road and recreational vehicles including, but not limited to, three wheelers, four wheelers, go-carts, or any other motorized vehicle are not allowed on any vacant lot or common area, but an Owner of his/her own property may operate the above on his/her own lot.

b.     Illegal, noxious, or offensive trade or activity, as defined by law, and anything done which may become an annoyance or a nuisance as defined by law.

c.    Window or wall heating units and window or wall air conditioning units. 

d.    Wind turbines or solar panels.

e.    Mining activities and private water wells (except those owned by the Owners).

f.     Spot lights, flood lights, or other lighting that interferes with the enjoyment of adjoining or neighboring lots.

g.    Above-grade swimming pools.

h.    Moving or relocating existing houses or garages.

Section 2: Affirmative covenants. In addition to the prohibited activities described above, owners of lots within the development shall do and perform the following affirmative covenant:

a.  Signs. One sign measuring four (4) total square feet may be displayed for a total of 2 weeks, except one sign of not more than six square feet advertising a residence for sale may be displayed until home is sold. Exception: permanent identification signs, markers, or monuments may be constructed by the Owners, with prior ACC approval.

b. Properly constructed pools. In-ground pools may be permitted. Plans and specifications for a swimming pool must be submitted in writing to the ACC for its review and pre-approval in writing prior to commencement of construction. Swimming pools shall not be constructed in the side yards.

c. Sheds. The ACC has the discretion to allow up to one shed on a lot but only if the following conditions are satisfied: 1) ACC approves of the size, materials, location, and color; 2) Owner certifies the shed conforms with all HOA and City set-back and building requirements and provisions; 3) Owner obtains building permit if required; 4) shed shall be no larger than 8' (L) x 8' (W) x 12' (H); and 5) shed shall be constructed of the same or substantially similar maintenance free siding and roof covering as that of the main dwelling.

ARTICLEV

RED ROCK MEADOWS HOMEOWNERS' ASSOCIATION, INC.

Section 1. It is hereby confirmed that the Association has the power and authority to establish and amend rules, regulations, as well as these covenants so as to carry out all functions necessary to operate a homeowners' Association and to promote and advance the aesthetic appeal of the community, protect property values, and develop the enjoyment of the community.

Section 2. Creation of the Lien and Personal Obligation of Assessments. Each Owner 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 and services to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs and reasonable attorney fees, shall be a charge on the land and shall be a continuing lien upon the property against which each such

assessment is made. Each such assessment, together with interest, costs and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time 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 3. Purpose of Assessments.

(a) Homeowner assessments may be used for the improvement and maintenance of the development, services and facilities devoted to this purpose and related to the use and enjoyment of the property and to the extent herein provided, of the dwellings situated on the property, as well as to promote the recreation, health, safety and welfare of the residents in the development and for the improvement and maintenance of the common areas and of the homes situated upon the properties, including, but not limited to:

(1) All operating expenses of the Association including services furnished, such as snow removal, mowing and the fertilizing of common areas and other services the Association may determine to furnish; and

(2) The cost of necessary management and administration, including fees paid to any Management Agent by the Association; and

(3) Taxes and assessments levied against the Association or upon any property which it may ultimately come to own or otherwise is required to pay; and

(4) The cost of fire and extended liability insurance on the property and the cost of such other msurance as the Association may procure; and

(5) The cost of furnishing common area maintenance and improvements, street lights and lawn maintenance for the common areas; and

(6) The cost of funding all reserves established by the Association, including, when appropriate, a general operating reserve and/or a reserve for replacements.

(b) The Association fee is $120 per year or as determined annually by the Association by a majority vote of its directors.

(c) The Association shall collect from each homeowner the Association annual assessment and/ or special assessments and to remit the same to the Association.

Section 4. Special Assessments. 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 areas, including fixtures and personal property related thereto, or any Association expense, provided that any such assessment shall have the assent of a majority of the votes 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 Section 4. Written notice of any meeting called for the purpose of taking any action authorized under Section 4 shall be sent to all members not less than ten (10) days or more than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or of proxies entitled to cast sixty percent (60%) of all the votes 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 thirty (30) 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 Owners.

Section 7. Date of Commencement of Annual Assessments; Due Dates. The annual assessments provided for herein shall commence as to all Owners on the first day of the month following transfer of the deed. 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 homeowner 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.

Section 8. Effect of Non-payment of Assessments or Breach of Covenants: Association Remedies. Any assessment not paid within thirty (30) days after the due date shall be charged interest at the annual percentage rate specified by law upon unpaid judgments. 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 the liability for the assessments provided for herein by non-use of the common areas or abandonment of his lot. If legal proceedings are commenced by the Association to enforce any covenant(s) or to collect any such assessment, or if the services of an attorney are retained by the Association in connection with same, the non-complying or nonpaying Owner or Owners shall be obligated to pay all costs incurred, plus reasonable attorney fees, which costs and fees shall become a portion of the assessment. Failure to enforce any covenant shall not be considered a waiver. Venue shall be in Pennington County, South Dakota.

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 became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof.

ARTICLE VI

GENERAL PROVISIONS

Section 1: Term and Amendments. These Reservations and Restrictive Covenants and Conditions are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date this document is recorded, after which time said Reservations and Restrictive covenants and conditions shall be automatically extended for successive periods of ten (10) years unless the Association has been dissolved and an instrument signed by a majority of the then Owners of the lots within the subdivision has been recorded with the Pennington County Register of Deeds Office removing said declaration. These Restated Covenants may be amended or added to by a vote of fifty one percent (51%) of the Owners entitled to vote as may be provided in the Association Bylaws.

Section 2: Enforcement. These Reservations and Restrictive Covenants and Conditions are for the mutual benefits of all Owners within the subdivision. Consequently, an Owner or the Association may bring an action at law or in equity to enforce these Reservations and Restrictive Covenants and Conditions, against any person or persons violating or attempting to violate any of the terms or conditions of the Declaration, or any amendment hereto, whether to prohibit violation or to recover money damages.

Section 3: Notices. Any notice required to be sent to any Owner shall be deemed to have been properly given when mailed postage prepaid to the last known mailing address of the Owner or hand delivered to an individual residing on said lot providing said individual is over the age of fourteen (14) years.

Section 4: Severability. The invalidity in whole or in part of any covenant, restriction, section, subdivision, or any other provision of this declaration, shall not affect the validity of the remaining portions thereof.

Section 5: These covenants shall supersede and replace all prior reservations and restrictive covenants and conditions, and amendments thereto, to the extent inconsistent herewith.

IN WITNESS WHEREOF, the Owners have executed this declaration the day and year first written above.