{"id":2,"date":"2024-10-15T22:32:50","date_gmt":"2024-10-15T22:32:50","guid":{"rendered":"https:\/\/p2loa.org\/?page_id=2"},"modified":"2025-09-05T16:48:34","modified_gmt":"2025-09-05T16:48:34","slug":"sample-page","status":"publish","type":"page","link":"https:\/\/p2loa.org\/index.php\/sample-page\/","title":{"rendered":"P2LOA Documents"},"content":{"rendered":"\n
September Agenda_2025<\/strong><\/a><\/div>\n\n\n\n

CANCELLED-June Meeting 2025<\/strong><\/p>\n\n\n\n

June Agenda_2025<\/strong><\/a><\/div>\n\n\n\n
Minutes March 11 2025<\/strong><\/a><\/div>\n\n\n\n
March Agenda_2025<\/strong><\/a><\/div>\n\n\n\n
Minutes Dec 11 2024<\/strong><\/a><\/div>\n\n\n\n
December Agenda_2024<\/strong><\/a><\/div>\n\n\n\n
Minutes Sept 17 2024<\/strong><\/a><\/div>\n\n\n\n
Agenda September 2024<\/strong><\/a><\/div>\n\n\n\n
September 2024 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Minutes June 11 2024 <\/strong><\/a><\/div>\n\n\n\n
April 2024 Newsletter<\/strong><\/a><\/div>\n\n\n\n
October 2023 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting Minutes October 2023<\/strong><\/a><\/div>\n\n\n\n
August 2023 Newsletter<\/strong><\/a><\/div>\n\n\n\n
April 2023 Newsletter<\/strong><\/a><\/div>\n\n\n\n
November 2022 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting Minutes October 2022<\/strong><\/a><\/div>\n\n\n\n
April 2022 Newsletter<\/strong><\/a><\/div>\n\n\n\n
February 2022 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting August 2021<\/strong><\/a><\/div>\n\n\n\n
March 2021 Newsletter<\/strong><\/a><\/div>\n\n\n\n
November 2020 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Minutes August 2020<\/strong><\/a><\/div>\n\n\n\n
July 2020 Newsletter<\/strong><\/a><\/div>\n\n\n\n
October 2019 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Minutes August 2019<\/strong><\/a><\/div>\n\n\n\n
June 2019 Newsletter<\/strong><\/a><\/div>\n\n\n\n
February 2019 Newsletter<\/strong><\/a><\/div>\n\n\n\n
November 2018 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting August 2018<\/strong><\/a><\/div>\n\n\n\n
March 2018 Newsletter<\/strong><\/a><\/div>\n\n\n\n
February 2018 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting October 2017<\/strong><\/a><\/div>\n\n\n\n
November 2016 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Minutes August 2016<\/strong><\/a><\/div>\n\n\n\n
September 2015 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting August 2015<\/strong><\/a><\/div>\n\n\n\n
July 2015 Newsletter<\/strong><\/a><\/div>\n\n\n\n
Minutes December 2014<\/strong><\/a><\/div>\n\n\n\n
Agenda December 2014<\/strong><\/a><\/div>\n\n\n\n
Annual Meeting August 2014<\/strong><\/a><\/div>\n\n\n\n
Newsletter Summer 2014 <\/strong><\/a><\/div>\n\n\n\n
Newsletter Summer 2013<\/strong><\/a><\/div>\n\n\n\n
Newsletter Summer 2012<\/strong><\/a><\/div>\n\n\n\n
Newsletter Spring 2012<\/strong><\/a><\/div>\n\n\n\n
Newsletter Fall 2011<\/strong><\/a><\/div>\n\n\n\n

P2LOA APPLICATION & LEGAL DOCUMENTS<\/p>\n\n\n\n

ACC APPROVAL FORM<\/strong><\/a><\/div>\n\n\n\n
APPLICATION FOR TREE REMOVAL<\/strong><\/a><\/div>\n\n\n\n
HOA VACATION RENTALS GUIDELINES<\/strong><\/a><\/div>\n\n\n\n
ARCHITECTURAL GUIDELINES<\/strong><\/a><\/div>\n\n\n\n
BYLAWS OF P2LOA<\/strong><\/a><\/div>\n\n\n\n
 DECLARATION OF PROTECTIVE PROPERTY RIGHTS <\/strong><\/a><\/div>\n\n\n\n
ARTICLES OF INCORPORATION OF P2LOA<\/strong><\/a><\/div>\n\n\n\n

P2LOA FULL TEXT DOCUMENTS<\/p>\n\n\n\n

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Full text of Application for Plan Approval, you can also download the file below:<\/p>\n\n\n\n

Application for Plan Approval<\/a>Download<\/a><\/div>\n\n\n\n

 APPLICATION FOR PLAN APPROVAL<\/u><\/strong><\/p>\n\n\n\n

Construction, Site Clearance, and Tree Removal or Thinning<\/strong><\/p>\n\n\n\n

Please complete this form and submit it (along with the enclosures indicated in paragraph four) to the above<\/p>\n\n\n\n

address. All plans and drawings will be retained for our files.<\/p>\n\n\n\n

1.   Applicant’s Name(s):___________________________________________________________________<\/p>\n\n\n\n

Mailing Address and Telephone Number: __________________________________________________<\/p>\n\n\n\n

___________________________________________________________________________________<\/p>\n\n\n\n

Lot Number: _________________________________________________________________________<\/p>\n\n\n\n

2.      Nature of Request- describe nature of requested project or construction:<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

_____________________________________________________________________________________<\/p>\n\n\n\n

3.      Construction Material Specifications – if more than one structure is involved, specify for each structure,<\/p>\n\n\n\n

using additional paper as necessary. No white color is allowed, including windows, doors, trim, etc.<\/p>\n\n\n\n

                                Type of Material                                Color of Material<\/strong><\/p>\n\n\n\n

   Roofing                                                      ________________                            ________________<\/p>\n\n\n\n

      Siding                                                        ________________                            ________________<\/p>\n\n\n\n

      Trim                                                           ________________                            ________________<\/p>\n\n\n\n

      Foundation                                                ________________                            ________________<\/p>\n\n\n\n

      Doors                                                        ________________                            ________________<\/p>\n\n\n\n

      Windows                                                   ________________                            ________________<\/p>\n\n\n\n

      Satellite Dish                                             ________________                            ________________<\/p>\n\n\n\n

      Other (_____________)                           ________________                            ________________<\/p>\n\n\n\n

      Other (_____________)                           ________________                            ________________<\/p>\n\n\n\n

4.      Checklist<\/p>\n\n\n\n

a)      All Planned structures, roads, well, septic system, etc. are more than 30 feet from lot boundaries.<\/p>\n\n\n\n

Yes _______               No __________<\/p>\n\n\n\n

b)      b) I have marked all trees to be cleared with surveyor’s tape.<\/p>\n\n\n\n

Yes _______               No __________<\/p>\n\n\n\n

c)      I have located and MARKED all property comers and boundaries. (This will facilitate quick field     review by the Committee members).<\/p>\n\n\n\n

Yes _______               No __________     N\/A ___________<\/p>\n\n\n\n

d)      I have included a scaled plot plan of my lot showing distances, sizes, septic tank\/drainage field, and<\/p>\n\n\n\n

 proposed structure\/construction locations.<\/p>\n\n\n\n

Yes _______               No __________     N\/A ___________<\/p>\n\n\n\n

e)      I have included (1) a foundation\/basement plan or description, and (2) front, rear and side elevations, plus a plan view of the proposed structure.<\/p>\n\n\n\n

Yes _______               No __________     N\/A ___________<\/p>\n\n\n\n

f)    I agree to notify the Architectural Control Committee and obtain their approval prior to making any changes to a previously approved Application for Plan Approval. I understand that the Architectural Control Committee Guidelines provide for a $100 processing fee to be charged to the lot owner for any work that is done without prior approval of the Architectural Control Committee.<\/p>\n\n\n\n

Yes _______               No __________<\/p>\n\n\n\n

g)   I have read, understood and agree to comply with the Phase 11 Landowners Owners Covenants, – , specifically Article Vll and Article VIII, and the Architectural Control Committee Guidelines.<\/p>\n\n\n\n

Yes _______               No __________<\/p>\n\n\n\n

h)      I have included the one-time lot development fee of $30.00.<\/p>\n\n\n\n

Yes _______               No __________     Already paid with prior ACC application ___________<\/p>\n\n\n\n

PLEASE NOTE THE FOLLOWING POLICIES –<\/strong><\/p>\n\n\n\n

Tree Thinning<\/strong> – Please refer to the \u201cTree Cutting Considerations…Supplement to Architectural Guidelines,\u201d dated March 2001. Phase II of the Double Arrow Ranch is a residential area and in no way should be viewed as an industrial forest. All applications for tree thinning will be viewed on their own merit. Any application granted for tree thinning to remove dead, dying or over mature trees, or trees which are to be removed to provide sufficient area for growth and minimize ladder fuel, will be closely monitored during such thinning process to assure strict compliance with the terms of the Architectural Control Committee’s approval.<\/p>\n\n\n\n

Compliance with Laws and Ordinances<\/strong> – It is your responsibility to assure that you are in compliance with any and all Federal, State, County and Local Laws and Ordinances in respect to the development of your property. An approval given by the Phase 11 Landowners’ Architectural Control Committee does not imply that your requested action is legally acceptable for the Laws and Ordinances that govern your property, and only grants permission for the landowner to pursue the requested action within the appropriate legal constraints.<\/p>\n\n\n\n

The undersigned, as a condition of approval, hereby consents to inspection of the proposed project prior to, during and subsequent to the construction or thinning in order to determine compliance with the Covenants and any approval granted.<\/strong><\/p>\n\n\n\n

Owners Signature: _____________________________________________           Date: _________________<\/p>\n\n\n\n

Co-Owners Signature: __________________________________________           Date: ________________<\/p>\n<\/blockquote>\n\n\n\n

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Full Document of Architectural Guidelines can be found below:<\/p>\n\n\n\n

Architectural Guidelines<\/a>Download<\/a><\/div>\n\n\n\n

ARCHITECTURAL GUIDELINES<\/p>\n\n\n\n

Construction of any type on any lot in the Phase II subdivision of the Double Arrow Ranch requires prior approval of the Architectural Control Committee (\u201cACC\u201d or the \u201cCommittee\u201d).  This requirement is set forth in the Protective Property Rights (\u201cCovenants\u201d), along with a description of other restrictions and covenants.  The general purposes of these Covenants are \u201cfor the purpose of creating and keeping the premises insofar as is possible, desirable, attractive, beneficial and suitable in architectural design, materials and appearance; and guarding against any unnecessary interference with the natural beauty of the Premises; all for the mutual benefit and protection of the owners of lots within the Premises.\u201d  If you do not have a copy of the Covenants, please contact us and we will be pleased to provide you with a copy.<\/p>\n\n\n\n

Approval is required prior <\/strong>to site clearing, tree removal, thinning or commencement of construction or any exterior addition, painting or alteration to existing structures.  We strongly advise you not to purchase building materials or enter into binding contractual obligations until you have obtained approval.  It is your <\/strong>responsibility to ensure that approval is actually obtained prior to construction.  The only valid form of approval is a letter directed to you by the Committee.  If any tree cutting, site clearing or other work covered by these guidelines is commenced before such approval is obtained an additional $100 processing fee will be charged to the lot owner.  As provided in Article VIII, Section 21 of the Covenants, provisions of the Covenants will be vigorously enforced by the Committee and, if necessary, the Board of Directors of the Association.<\/p>\n\n\n\n

The Committee will make every effort to review your application promptly.  It has been our experience that approval is a straightforward process if the following guidelines are followed:<\/p>\n\n\n\n

1.             The guiding development objective at the Double Arrow is to preserve the beauty of the properties by promoting construction of a \u201crustic\u201d style.  This means log construction or the use of natural finish, rough-sawn siding for frame construction.<\/p>\n\n\n\n

2.             The Committee is primarily interested in exterior appearance and will not intrude upon a Landowner\u2019s preferences for interior design and floor plans.<\/p>\n\n\n\n

3.             Site clearing, well drilling, driveway construction, installation of satellite dishes, utility installation, propane tanks, shed and\/or garage construction, and any other type of excavation or construction requires prior approval.  Temporary structures, such as sheds or platforms for use prior to or during construction, also require approval.<\/p>\n\n\n\n

4.             If changes are to be made in plans which have been previously approved, the changes must be submitted for approval.<\/p>\n\n\n\n

5.             Upon completion of construction, it is expected that the lot will be cleaned up promptly and restored to a neat appearance.  All construction shall be completed within twelve months of commencement unless written extension has been given by the ACC.<\/p>\n\n\n\n

6.             Application for Construction Plan Approval:<\/strong>  This form must be submitted as the initial step of any construction project.  Spaces are provided for specifying types of materials and colors to be used.  A checklist is included to ensure that all required enclosures are submitted.<\/p>\n\n\n\n

7.             Fee:<\/strong>  A one-time processing fee of $30.00 must be submitted with the Application.  The check or money order should be made payable to Phase II LOA.  No additional fee is required for any subsequent approval or changes or approval of additional construction on the lot.  In the event you sell the lot and have paid the fee, no successor owner will be required to pay the fee for any new construction.<\/p>\n\n\n\n

8.             Plot Plan:<\/strong>  A Plot Plan, drawn to scale, must be submitted with the Application for Construction Plan Approval.  The preferred scale is 1\u201d to 30 feet.  If the full extent of the lot cannot be conveniently displayed on the Plot Plan, include only that portion where construction is planned.  A pencil drawing is acceptable.  The Plot Plan should include location and dimensions of all buildings (including out buildings), location and width of driveway, location of all other items to be installed or constructed, including satellite dishes, utility installation, propane tanks, well and septic system, distances from property lines, and compass orientation of Plot Plan.  If construction of a home or cabin is to be deferred, the Committee will review the Plot Plan for approval of only those items the construction of which is imminent.  Subsequent changes to the Plot Plan must be approved by the Committee.  The Plot Plan should include the date of submission; your name, address, telephone number and the number of your lot.<\/p>\n\n\n\n

9.             Building Plans:<\/strong>  The following plans, drawn to scale, must be submitted with the Application for Construction Plan Approval: (a) foundation or basement; (b) plan view; (c) front, rear, and side elevations; (d) roof framing plan or description.  Pencil drawings are acceptable.  Subsequent changes to any of these plans must be approved by the Committee.  Each plan should include the date of submission; your name, address, telephone number and the number of your lot.<\/p>\n\n\n\n

10.          Live Tree Cutting Policy:<\/strong>  The cutting of live trees is strictly prohibited except as provided in Article VIII, Section 11 of the Covenants.  In order to obtain approval, a plan must be submitted in advance of any cutting or removal and the tree or trees to be removed should be marked with surveyors\u2019 tape.  The Committee will generally approve the cutting of trees necessary to clear sites for approved construction projects, facilitate timber growth, and improve view and as a fire prevention measure.  Any application granted for tree thinning to remove dead, dying or over mature trees which are to be removed to provide sufficient area for growth and minimize ladder fuel will be closely monitored during such thinning process to insure strict compliance with the terms of the ACC approval.<\/p>\n\n\n\n

11.          Setbacks:<\/strong>  There is a minimum setback requirement of 30 feet from the boundaries of the lot.  This applies to buildings, tree removal, wells, satellite dishes, propane tanks, driveways, and the like.  This provision may be waived or relaxed by the committee upon good cause shown, or with the adjoining landowner\u2019s written permission.<\/p>\n\n\n\n

12.          Roof Pitch and Material:<\/strong>  To facilitate snow slippage, a roof pitch of at least 5\/12 is encouraged.  Shakes, shingles or metal roofing are generally acceptable provided the color thereof has been approved in advance.<\/p>\n\n\n\n

13.          Fencing:<\/strong>  In order to preserve the open spaces on the Ranch and provide free access to wildlife, fencing is rarely approved.  However under limited circumstances and where good cause is shown, the following exceptions may be made by the ACC provided such fencing conforms to the general purposes of the Covenants and the guiding development objective set forth in the first paragraph of these Guidelines:<\/p>\n\n\n\n

a)             Decorative entrance fencing not to exceed 24 feet on each side of the entranceway. <\/p>\n\n\n\n

Entrance gates of similar material as used in the entrance fencing may be approved in<\/p>\n\n\n\n

order to reduce unauthorized entry.  Cable gates will not be allowed under any circumstance.<\/p>\n\n\n\n

b)            Garden fencing.<\/p>\n\n\n\n

c)             Dog runs.<\/p>\n\n\n\n

14.          Overhang:<\/strong>  A minimum roof overhang of 18\u201d is recommended in order to prevent water damage and staining.<\/p>\n\n\n\n

15.          Septic Systems:<\/strong>  A permit from the Missoula County Health Department is required for the installation of any subsurface sewage treatment and disposal system.  A Certified Installer must install the system and he or she will usually assist you with the arrangements for securing the permit and for the final inspection.  Subject to the results of any percolation test, when designing your Plot Plan, you should keep the following criteria in mind.<\/p>\n\n\n\n

Minimum Safe Distances in Feet<\/u><\/strong><\/p>\n\n\n\n

                                From                                                                       Septic Tank                                                           Drainfield*<\/p>\n\n\n\n

                                Well                                                                        50                                                                            100<\/p>\n\n\n\n

                                Foundation Wall                                                  5                                                                                10<\/p>\n\n\n\n

                                Water Lines                                                          10                                                                              10<\/p>\n\n\n\n

                                Stream or Pond                                                     50                                                                            100<\/p>\n\n\n\n

                                Property Lines                                                      10                                                                              10<\/p>\n\n\n\n

                                *Maximum length for each distribution line is 100 feet.  Minimum center-to-center<\/p>\n\n\n\n

                                 spacing between distribution lines is 6 feet.<\/p>\n\n\n\n

                                *Maximum length for each distribution line is 100 feet.  Minimum center-to-center<\/p>\n\n\n\n

                                 spacing between distribution lines is 6 feet.<\/p>\n\n\n\n

Should you desire more detailed specifications, you can obtain a complete copy of the applicable regulations from<\/p>\n\n\n\n

County Sanitation \u2013 (406) 721-5700.<\/p>\n\n\n\n

Outdoor privies will not be permitted.  In cases where usage of the property is intermittent (or during construction),<\/p>\n\n\n\n

Portable or chemical toilets will be allowed in lieu of installation of a septic system.<\/p>\n\n\n\n

16.          Easements:<\/strong>  Should it be necessary or desirable for a driveway or other type of construction to encroach on a neighboring landowner\u2019s lot, approval will be deferred until a properly executed easement agreement is submitted to the Committee.<\/p>\n\n\n\n

17.          Satellite Dishes and Propane Tanks:<\/strong>  Are subject to the same general requirements as for other types of construction.  Location should be indicated on a Plot Plan, along with any area to be cleared of trees.  A description of the satellite dish including size, color and design (i.e. spun aluminum or mesh type) must be included.  Color of the dish should blend in with the natural surroundings (dark brown or black are preferred colors).  Eight (8) inch satellite dishes do not require approval.  Propane tanks should be located where both utility and aesthetic needs are best met.  If the tank is visible from ranch roads or an adjoining landowner\u2019s homesite it should be shielded from view by suitable landscaping or suitable enclosure.<\/p>\n\n\n\n

18.          Driveway Construction:<\/strong>  The layout of the driveway must be clearly marked on the ground (e.g. by the use of small marker flags).  This is to facilitate inspection by the Committee prior to approval and, also, to preclude location errors by the contractor during construction of the driveway.<\/p>\n\n\n\n

19.          Long Term Storage of Boats, Trailers, Campers, RV\u2019s and the like:<\/strong>  Since most recreational vehicles and camper trailers do not blend in with the environment as do the designs and materials of permanent structures, approval to store such items is required if not confined to a garage or enclosed shed.  Generally, approval will be given if the stored item is not readily visible from Ranch roads or neighboring property owner or if a good faith effort is made to locate or store these items so as not to constitute a nuisance to other landowners.  In case of other recreational equipment (boats, snowmobiles, etc.), consideration should also be given as to the location which will allow for their storage and use yet honor the intent of the general purposes of the Covenants.  As in any area of concern, best solutions are found by voluntary cooperation and consideration for our neighbors.<\/p>\n\n\n\n

20.          Trailers, Tents and Temporary Dwellings:<\/strong>  No trailer, RV or other temporary dwelling shall be used for occupancy without first having complied with all laws and rules relating to gray water and sewage disposal.  In no event shall any trailer, RV, tent or temporary dwelling be used as a residence, a place of habitation or for sleeping in excess of 30 days without prior approval of the Committee.  Any trailer, RV, tent or other temporary dwelling designed for human habitation which is placed on an otherwise unimproved lot (one without a permanent residence thereon) shall be subject to the provisions of this paragraph whether or not such trailer, RV, tent or other temporary dwelling is actually occupied or used as a place of habitation while on said property.<\/p>\n\n\n\n

21.          Commercial-Business Activity:<\/strong>  The ACC policy relating to commercial or business activity on the Double Arrow Ranch is governed by the Covenants, Article VIII, Sections 2 and 10, which provide, in pertinent part, that \u201cno business, trade, or commercial activity of any type or description shall be conducted (on the Ranch), and that property usage shall conform to the zoning restrictions of Missoula County.\u201d  Further, that no \u201csign, billboard, or other advertising structure of any kind shall be erected or maintained in any portion of the Premises for any purpose whatsoever, except such signs as have been approved in advance\u2026.\u201d.  The applicable Missoula County zoning regulations governing home occupation commercial activity are found in a Resolution adopted on July 13, 1976, as follows:<\/p>\n\n\n\n

\u201cAn activity involving the sale of goods or services conducted entirely within the dwelling which is clearly incidental and factually subordinate to the use of the dwelling and does not change the character thereof shall comply with the following requirements:<\/p>\n\n\n\n

A.            No window display or other public display of any material or merchandise in connection with any<\/p>\n\n\n\n

home occupation.<\/p>\n\n\n\n

B.            No sign shall be displayed on the premises advertising the occupation carried on in the home.<\/p>\n\n\n\n

C.            No outside display or storage of products, materials, or machinery.<\/p>\n\n\n\n

D.            Not have more than one employee who is not a member of the immediate family.<\/p>\n\n\n\n

E.             The use shall not occupy more than 25% of the gross floor area of the main building.<\/p>\n\n\n\n

F.             The use shall not produce light, noise, odor, parking demand, traffic, or any exterior activity<\/p>\n\n\n\n

inconsistent with the character of the neighborhood.<\/p>\n\n\n\n

G.            In particular, home occupations may include, but are not limited to, the following or similar<\/p>\n\n\n\n

activities which meet the intent of this section:  art studio, dress and drapery making,<\/p>\n\n\n\n

music lessons, preparation of food for off-premise sale.  However, a home occupation shall<\/p>\n\n\n\n

not be interpreted to include the following:  barbershops and beauty parlors, real estate and<\/p>\n\n\n\n

insurance offices, restaurants, commercial stables and kennels, commercial cabinet making,<\/p>\n\n\n\n

any on-site retail sale of goods.\u201d<\/p>\n\n\n\n

22.          Sled Dogs and Commercial Kennels:<\/strong>  Commercial dog kennels maintained for boarding or for sale and sled dog racing kennels are not permitted.<\/p>\n\n\n\n

23.          Complaint Procedure:<\/strong>  In addition to enforcement procedures and actions that may be initiated or taken by the ACC to bring landowners into compliance with the Covenants and these Guidelines, individual landowners may initiate complaints against property owners for such alleged violations by following the procedures set forth below:<\/p>\n\n\n\n

(i)            All complaints must be in writing setting forth the nature of the complaint and remedy sought.<\/p>\n\n\n\n

(ii)           Upon receipt of the written complaint the ACC will contact the landowner against whom the complaint is made and solicit his or her position with respect to said complaint.<\/p>\n\n\n\n

(iii)          In the event the person against whom the complaint is made acknowledges in writing his or her intention or correct the situation and submits a plan for corrective action acceptable to the complainant, copies of the correspondence will be placed in the files of both landowners.<\/p>\n\n\n\n

(iv)          If the landowner against whom the accusation is made denies the accusation, he or she will be requested to submit to the ACC a written answer to the complaint and the ACC will investigate the matter in an effort to resolve it as expeditiously as possible.<\/p>\n\n\n\n

(v)           In the event a resolution is not reached the matter will be referred to the Board by the ACC together with the ACC\u2019s recommendations.<\/p>\n\n\n\n

24.          Official Communications with Landowners:<\/strong>  At least two Committee members shall review written requests submitted by Landowners to the Architectural Control Committee and shall make necessary on-site visits.  Approval forms shall carry signatures of at least two Committee members, one of whom shall be the Chair or a Vice-Chair.  All approvals given on behalf of the Committee shall be reviewed at the next general meeting of the Committee.  Copies of the paperwork will be entered in the office files and sent to Landowners.<\/p>\n\n\n\n

25.          Approval by the Committee does not constitute a warranty or endorsement as to the structural integrity (including roof strength) or functionality of any construction, nor does approval provide assurance that applicable governmental<\/strong> laws, codes, and regulations have been complied with.  These matters are solely the responsibility of the Landowner.<\/strong><\/p>\n\n\n\n

In the event you sell your lot, we would appreciate your passing these Guidelines along to the new owner.<\/strong><\/p>\n\n\n\n

The Committee will be pleased to answer any questions you may have and can be contacted by mail or telephone as indicated on the letterhead.<\/strong><\/p>\n<\/blockquote>\n\n\n\n

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Bylaws of Phase II Landowners in full text can be found below. To download a copy click below: <\/p>\n\n\n\n

Phase II Bylaws<\/a>Download<\/a><\/div>\n\n\n\n

BYLAWS OF PHASE II LANDOWNERS ASSOCIATION, INC.<\/p>\n\n\n\n

A Montana Non-Profit Corporation<\/p>\n\n\n\n

ARTICLE I<\/p>\n\n\n\n

Definitions<\/p>\n\n\n\n

1.1       Definitions.  In these Bylaws:<\/p>\n\n\n\n

\u201cAssociation\u201d means Phase II Landowners Association, Inc., a Montana nonprofit corporation.<\/p>\n\n\n\n

\u201cCovenants\u201d means any declaration or covenants as may from time to time contain the covenants, liens, and charges established for the benefit of the Association, its Members, and the property.<\/p>\n\n\n\n

\u201cProperty\u201d means any property subject to the covenants.<\/p>\n\n\n\n

ARTICLE II<\/p>\n\n\n\n

Location<\/p>\n\n\n\n

            2.1       Principal office.  The principal office of the Association shall be located at the office of the Association at Seeley Lake, Montana.<\/p>\n\n\n\n

ARTICLE III<\/p>\n\n\n\n

Membership and Meetings of Members<\/p>\n\n\n\n

            3.1       Qualifications for Membership.  Every owner of property in Phase II of the Double Arrow Subdivision in Missoula County, Montana, shall be a member of the Association provided that any person or entity who is merely holding a lot as security for the performance of an obligation shall not be a memb\u00cber.<\/p>\n\n\n\n

            3.2       Annual Meetings.  The annual meeting of Members for the election of Directors shall be held at the office of the Association at Seeley Lake, Montana, or at any such other place within the State of Montana as the Board of Directors may from time to time designate, on the Saturday of the week before Labor Day weekend of each year, or at such other time as the Board of Directors may fix prior to the notice of such meeting.<\/p>\n\n\n\n

            3.3       Special Meetings.  Special meetings of the Members may be held at the same place or places as the annual meeting and shall be called by the President or Secretary upon direction of the Board of Directors or upon written application of at least one fourth of the Members, said application to be directed to and certified by the Secretary.  These special meetings shall be called within 30 days of the receipt requesting same.<\/p>\n\n\n\n

            3.4       Notice of Meetings.  Notice of each meeting of Members shall be given to each Member entitled to vote at such meeting, not less t\u00cbhan ten (10) or more than thirty (30) days before the day on which the meeting is to be held, unless some other period of time is required by statute for any particular corporate action that may necessitate members\u2019 approval.  Notice shall be given by mailing to each Member, postage prepaid, a written or printed notice thereof, addressed to the Member at the member\u2019s last known address appearing on the books of the Association.  Deposit of the notice in the United States Post Office official depository shall constitute giving timely notice of mailing, if deposited not less than ten (10) or more than thirty (30) days before the day on which the meeting is to be held.  Such notice shall state the time and place of the meeting, and if a special meeting, the purpose or purposes thereof.<\/p>\n\n\n\n

            3.5       Quorum.  At each meeting of Members, those Members of the Association present, either represented in person or by proxy, entitled to vote at such meeting, shall constitute a quorum for the transactio\u00cbn of business, unless by statutory requirement a greater majority is necessary.<\/p>\n\n\n\n

            3.6       Voting.  Except as may otherwise be required by law, at each meeting of Members, each Member, whether an individual or corporate entity, shall be entitled to only one vote per lot on all resolutions and matters presented to the Members at all annual meetings and special meetings thereof.  In the event that the owner of any lot is comprised of more than one person or entity, such persons or entities shall determine between themselves how the vote for such lot is to be voted, but there shall not be any fractional voting with respect to any one lot nor more than one vote per lot, and if said common or joint owners do not unanimously agree on how their vote shall be voted, the Association, at it\u2019s option, may refuse to recognize such vote.  Any person acting in a representative or judicial capacity may represent the Member at all meetings of Members and may vote thereon as a Member.  No owner is entitled \u00cbto vote who has an outstanding financial obligation to the Association.  A simple majority of the quorum represented in person or by proxy at a meeting shall be sufficient to pass motions or approve resolutions, unless by statutory requirement a greater majority is necessary.<\/p>\n\n\n\n

            3.7       Proxy Voting.  All proxies shall be in writing and be filed with the Secretary at the commencement of the meeting.  Any proxy given by a person who shall not be a qualified Member at the date of the meeting and any proxy given more than eleven (11) months before the date of the meeting shall be void.<\/p>\n\n\n\n

ARTICLE IV.<\/p>\n\n\n\n

Board of Directors<\/p>\n\n\n\n

            4.1       Membership and Powers.  The Association shall be governed by a Board of Directors in accordance with the Articles of Incorporation.  The Board of Directors shall manage the business affairs of the Association and shall have the authority to adopt policies, procedures and regulations necessary for carrying out the objectives of the Association.  Without limiting the generali\u00cbty of the preceding two sentences or any power vested by law, the Board of Directors shall have the power:<\/p>\n\n\n\n

a.         to appoint and remove at its pleasure all officers, agents and employees of the<\/p>\n\n\n\n

Association, prescribe their duties, fix their compensation and require of them<\/p>\n\n\n\n

Security or fidelity bonds as it may deem expedient;<\/p>\n\n\n\n

b.         to establish, levy, assess and collect assessments and all other charges;<\/p>\n\n\n\n

c.         to adopt and publish architectural guidelines, rules and regulations governing<\/p>\n\n\n\n

the use of the property; and<\/p>\n\n\n\n

d.         to exercise for the Association all powers, duties and authority vested in or<\/p>\n\n\n\n

delegated to this Association, except those expressly reserved to the Members.<\/p>\n\n\n\n

            4.2       Duties.  It shall be the duty of the Board of Directors:<\/p>\n\n\n\n

a.         to cause to be kept a full, true and accurate record of its acts and corporate<\/p>\n\n\n\n

affairs and to present a statement thereof to the Members at the annual<\/p>\n\n\n\n

meeting of the Members or at any special meeting;<\/p>\n\n\n\n

b.         to supervise all officers, agents and employees of \u00cbthis Association, and to see<\/p>\n\n\n\n

that their duties are properly performed;<\/p>\n\n\n\n

c.         in accordance with the Covenants, at least thirty days (30) in advance of<\/p>\n\n\n\n

January 1 of each calendar year, (i) to fix the amount of the assessments<\/p>\n\n\n\n

against each lot; (ii) to prepare a roster of the properties and assessments<\/p>\n\n\n\n

applicable to each of the properties which shall be kept in the office of the<\/p>\n\n\n\n

Association and shall be open to inspection by any member; and (iii) to send<\/p>\n\n\n\n

a written notice of each assessment to every owner subject to assessment; and<\/p>\n\n\n\n

d.         to issue or to cause an appropriate officer to issue, upon demand by any person<\/p>\n\n\n\n

a certificate stating whether any assessment has been paid, which shall be<\/p>\n\n\n\n

conclusive evidence that any charge stated therein has or has not been paid.<\/p>\n\n\n\n

            4.3       Number, Qualifications and Term of Office.  The number of Directors shall be five (5), who shall serve without compensation.  Election of Directors shall be arranged so that approximately one-third of the Directors (but not l\u00cbess than one) shall be elected each year.  Each of such Directors shall serve for a term of three years, or until a successor shall have been elected and qualified, or until he or she shall have resigned or shall have been removed in the manner provided in this Article IV.  Qualifications for office shall be the same as those pursuant to Section 3.1.<\/p>\n\n\n\n

            4.4       Election of Directors.  At least 90 days prior to the annual meeting date (AMD) the membership will be notified in writing of the board positions to be filled in the current year.  The membership will be asked to submit nominations (including a brief biographical sketch for each nominee) in writing to be received no later than 60 days prior to the AMD.  A ballot listing all nominations will be mailed to all Members no later than 30 days prior to the AMD.  To be counted in the election ballots must be returned no later than 15 days prior to the AMD.  Those nominees receiving the largest number of votes shall be elected.  In the event \u00cbof a tie vote the membership will decide the outcome at the annual meeting.  Results of the election will be announced at the annual meeting and in writing to the general membership no later than 90 days following the annual meeting date.  All ballots received will be maintained on file and available to the membership for review for one (1) year following the annual meeting date, after which time they shall be destroyed.<\/p>\n\n\n\n

            4.5       Resignations.  Any Director may resign at any time by giving written notice of such resignation to the President or Secretary of the Association.  Such resignation shall take effect upon receipt thereof by any such officer.  Any Director who ceases to own property in Phase II of the Double Arrow Subdivision or who misses two or more meetings of the Board of Directors within a one year period without valid reason (which shall be determined by the Board of Directors), shall be deemed to have resigned.<\/p>\n\n\n\n

            4.6       Removal of Directors.  Any or all Directors may be removed\u00cb from office with or without cause by the Members at a special meeting called for that purpose, which may be held at the same time and place as the annual meeting, if specified in the notice of the meeting.  If any Director removed is a Member of any committee, he or she shall cease to be a member of said committee.  When he or she ceases to be a Director, any vacancy in the Board of Directors, caused by such removal may be filled at such meeting by the Member entitled to vote.<\/p>\n\n\n\n

            4.7       Vacancies.  If any vacancy shall occur in the Board of Directors by reason of death, resignation, disqualification, removal or otherwise, the remaining directors shall promptly act to fill such vacancy.  Such vacancy or vacancies may be filled by the affirmative votes of a majority of the remaining Directors, with a quorum not necessary for this action only.  The newly appointed Director\u2019s term of office shall be until the next annual meeting or next special meeting called for the purpose of electing a mem\u00cbber or members of the Board.<\/p>\n\n\n\n

            4.8       Quorum.  A quorum shall be three (3) Directors.<\/p>\n\n\n\n

            4.9       Meetings.  The annual meeting of the Board of Directors shall be held on the same day as the annual meeting of Members.  Special and regular scheduled meetings of the Board of Directors shall be called by an officer or by a quorum of Directors.  No Member shall be deprived of the right to observe the deliberation of the Board of Directors at special or scheduled meetings of the Board of Directors except in cases wherein: (i) the demands of individual privacy exceed the merits of public disclosure; and (ii) matters relating to personnel decisions or potential or pending litigation is to be considered.  \u201cRobert\u2019s Rules of Order\u201d, newly revised will be the parliamentary authority for the Phase II Landowners Association meetings.<\/p>\n\n\n\n

            4.10    Notices; waiver.  No notice need be given for the annual or any regular meeting of the Board.  Notice of any special meeting shall be sufficient if mailed to each Direc\u00cbtor, postage prepaid, at his or her address as it appears on the records of the Association or given personally or by telephone.  No notice need be given to any Director who attends the meeting, or to any Director who in writing (before or after the meeting) waives such notice.<\/p>\n\n\n\n

            4.11    Voting.  A simple majority of the quorum present at meetings of the Board of Directors shall be sufficient to pass motions or approve resolutions.<\/p>\n\n\n\n

            4.12    Budget.  The Board of Directors shall prepare an itemized preliminary budget for the ensuing fiscal year and mail same to each member at least thirty (30) days prior to the date set for the annual meeting.  The total maximum amount of the operating budget shall be subject to approval by a simple majority of the quorum present in person or by proxy at the annual meeting.  The total operating expenditures for the fiscal year shall not exceed this amount unless the Board of Directors has adopted an emergency-operating budget.  The Board of Directors may ado\u00cbpt an emergency budget at anytime during the fiscal year by notifying the membership in writing of the details of the emergency budget, including the reasons therefor, twenty (20) days prior to its adoption.<\/p>\n\n\n\n

ARTICLE V.<\/p>\n\n\n\n

Committees<\/p>\n\n\n\n

            5.1       Architectural Control Committee.  The Board of Directors, by resolution or resolutions adopted from time to time, may designate an Architectural Control Committee to hold office for such term or terms as may be determined by the Board of Directors, consisting of two Directors (one of whom shall be appointed chairman by the Board of Directors), and any one or more additional members, as may be determined by the Board.  The committee shall have the power and the duty to review all plans and specifications which are required to be submitted by virtue of the Covenants by any person or persons proposing to engage in any site clearing or other work on any lot which requires prior approval under the provisions of said Covenants together with the right to requ\u00cbire a reasonable fee to be paid with the filing of plans and specifications and the issuance of building permits, together with such other powers as may be determined by the Board of Directors.  A quorum shall be two or more members acting upon said committee.  Vacancies occurring in the committee may be filled by appointment by the President.  The chairman shall be responsible for recording the proceedings of committee meetings and for providing copies of such proceedings to the Board of Directors.<\/p>\n\n\n\n

            In the event that any officer of the Association believes that an emergency situation exists with regard to any lot change or construction, which in his or her opinion requires immediate action by the Board of Directors, in order to prevent irreparable harm to the interests of the Association, the Board shall have the power to waive all notice requirements of any kind and to immediately call an emergency meeting.  If necessary, the meeting may be conducted by teleconference, and a simple \u00cbmajority vote by the Board will constitute Board approval or disapproval of action regarding any such change or construction; such action shall include but not be limited to the right to seek a court order to restrain unwarranted or unauthorized change or construction.  In the event the Association successfully obtains such a court order or any affirmative relief, it shall recover reasonable attorney\u2019s fees and all expenses and costs necessary to obtain the order or relief, in addition to all recoverable damages as applicable.  Any violator of the Bylaws of the Association or of the Covenants may also be liable, in the discretion of the court, to pay treble the sum of the actual monetary damages, or a fine, or both to the Association, for intentional or grossly negligent violation of any such covenant or Bylaw.<\/p>\n\n\n\n

5.2       Nominating Committee.  A Nominating Committee shall be selected by the Board of Directors in January.  The President may not serve in this capacity.  The selected Chairman \u00cbwill select two others to serve on the committee, one of whom must be a member at large from the Phase II community.<\/p>\n\n\n\n

            5.3       Removal of Committee Members.  Committee members shall serve at the pleasure of the Board of Directors.<\/p>\n\n\n\n

ARTICLE VI.<\/p>\n\n\n\n

Officers<\/p>\n\n\n\n

            6.1       Offices.  The officers of the Association, who shall serve without compensation, shall be a President, a Vice President, a Secretary, and a Treasurer (or a Secretary\/Treasurer).<\/p>\n\n\n\n

            6.2       Election, Term of Office, and Qualifications.  Each officer shall be elected by the Board of Directors and shall hold office until the next annual meeting of the Board of Directors and until a successor shall have been elected or qualified or until his or her death or until he or she shall have resigned or shall have been removed as provided in Article IV.  Qualifications for office shall be the same as those pursuant to Section 3.1, except that an officer must also be a Director.<\/p>\n\n\n\n

            6.3       Resignations.  Any officer may resign at any time by giving written \u00cbnotice of such resignation to the Board of Directors or the Secretary of the Association.  Unless otherwise specified in said written notice, such resignation shall take effect upon receipt thereof by any such officer.<\/p>\n\n\n\n

            6.4       President.  The President shall preside over all meetings of the Board of Directors and the Association.  The President shall be the chief executive officer of the Association and shall take the initiative in protecting and enforcing the Covenants.  Subject to the direction of the Board of Directors, the President shall have general charge of the business affairs and property of the Association and general supervision over its officers, contractors, and agents.  The President shall attend to the official duties pertaining to the Association as are delegated to him by the Board of Directors.  The President may sign with any other officer thereunto duly authorized, in the name of the Association, such agreements and other instruments as shall be duly authorized by th\u00cbe Board of Directors, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Directors to some other officer or agent.  The President shall report monthly to the Board of Directors all matters within his or her knowledge, which the interests of the Association may require to be brought to their attention.  The President shall also perform such other duties as are given to him or her by these Bylaws or as from time to time may be assigned to him or her by the Board of Directors.<\/p>\n\n\n\n

            6.5       Vice-President.  The Vice-President shall perform the duties of the President in his or her absence and such other duties as shall from time to time be delegated by the Board of Directors.<\/p>\n\n\n\n

            6.6       Secretary.  The Secretary shall:<\/p>\n\n\n\n

a.         cause all notices to be duly given in accordance with the provisions of these Bylaws and as<\/p>\n\n\n\n

required by statute;<\/p>\n\n\n\n

b.         whenever any committee shall be appointed in pursuance of a resolution of the Board of<\/p>\n\n\n\n

Directors, furnish the Chairm\u00cban of such committee with a copy of such resolution;<\/p>\n\n\n\n

c.         safeguard, or cause to be safeguarded, the seal of the Association and cause such seal<\/p>\n\n\n\n

to be affixed to all instruments the execution of which on behalf of the Association under<\/p>\n\n\n\n

its seal shall have been duly authorized;<\/p>\n\n\n\n

d.         see that the lists, books, reports, statements, and other documents and records required<\/p>\n\n\n\n

by statute are properly kept and filed;<\/p>\n\n\n\n

e.         record, or cause to be recorded, all the proceedings of the meetings of members and the<\/p>\n\n\n\n

Board of Directors in a book or books to be kept for that purpose; and<\/p>\n\n\n\n

f.          safeguard, or cause to be safeguarded the official corporate records concerning all<\/p>\n\n\n\n

meetings of the members, Directors and Committees.<\/p>\n\n\n\n

6.7       Treasurer.  The Treasurer shall:<\/p>\n\n\n\n

a.         have charge of, supervision over, and be responsible for the funds, securities, receipts and disbursements of the Association;<\/p>\n\n\n\n

b.         cause the monies and other valuable effects of the Association to be deposited in the name and to the credit of the Ass\u00cbociation in such banks or trust companies or with such bankers or other depositories as shall be selected by the Board of Directors or to be otherwise dealt with in such a manner as the Board of Directors may direct;<\/p>\n\n\n\n

c.         cause the funds of the Association to be discharged by checks or drafts upon the authorized depositories of the Association, the same to be drawn in the manner and by the officers to be determined from time to time by the Board of Directors, and cause to be taken and preserved proper vouchers for all monies disbursed;<\/p>\n\n\n\n

d.         render, or cause to be rendered, to the members of the Board of Directors, a monthly statement of the financial condition of the Association and all of his or her transactions as Treasurer; and<\/p>\n\n\n\n

e.         furnish an annual financial report of the Association to all Members.<\/p>\n\n\n\n

6.8       Check Signing Restrictions.  No Director may sign a check made payable to himself or herself.  Unless otherwise authorized by the Board of Directors, check signing shall be restricted t\u00cbo the President, or Vice-President, or Treasurer of the Association, and two signatures shall be required on each check.<\/p>\n\n\n\n

ARTICLE VII.<\/p>\n\n\n\n

Indemnification of Directors and Officers<\/p>\n\n\n\n

            7.8       Indemnification:  Every person who now is or hereafter shall be a Director or officer of the Association shall be indemnified by the Association against costs and expenses (including counsel fees) actually and necessarily incurred by or imposed upon him or her in connection with or resulting from any action, suit, or proceeding of whatever nature to which he or she is or shall be made a party by reason of his or her being or having been a Director or officer of the Association (whether or not he or she is a Director or officer of the Association at the time he or she is made a party to such action, suit, or proceeding, or at the time such costs or expenses are incurred by or imposed upon him or her), except in relation to matters as to which he or she shall be adjudged in such action, suit, or proceeding \u00cbto be liable for gross negligence or misconduct in the performance of his or her duties as such Director or officer; provided, however, that in the case of an action, suit, or proceeding which is settled or compromised, such right of indemnification shall be applicable only (a) if such settlement or compromise is approved by the court having jurisdiction of such action, suit, or proceeding, and (b) to the extent provided in the terms of such compromise or settlement so approved.  Every such person shall be entitled, without demand by him or her upon the Association or any action by the Association, to enforce his or her right to such indemnity, in an action at law against the Association.<\/p>\n\n\n\n

The right of indemnification herein above provided shall not be deemed exclusive of any other rights to which any such person may now or hereafter be otherwise entitled and specifically, without limiting the generality of the foregoing, shall not be deemed exclusive of any rights, pursuant to statute\u00cb or otherwise, or any such person in any such action, suit or proceeding to have assessed or allowed in his or her favor, against the Association or otherwise, his or her costs and expenses incurred therein or in connection therewith or any part thereof.<\/p>\n\n\n\n

ARTICLE VIII.<\/p>\n\n\n\n

Fiscal Year<\/p>\n\n\n\n

            8.1       Fiscal Year.  The fiscal year of the Association shall operate on a fiscal year basis, commencing on December 1st, and ending November 30th of the following year.<\/p>\n\n\n\n

ARTICLE IX.<\/p>\n\n\n\n

Amendments<\/p>\n\n\n\n

            9.1       Amendment Procedure.  These Bylaws may be amended, at a regular or special meeting of the Members, by a vote of the majority of a quorum of the Members present in person or by proxy, provided that those provisions of these Bylaws which are covered by the Articles of Incorporation of this Association may not be amended except as provided in the Articles of Incorporation or applicable law; and provided further that any matters stated herein to be or which is in fact covered by the Covenants may not be amended except as provided in the Covenants.<\/p>\n\n\n\n

            9.2       Controlling Documents.  In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in the case of any conflict between the Covenants and these Bylaws, the Covenants shall control.<\/p>\n\n\n\n

ARTICLE X.<\/p>\n\n\n\n

Severability<\/p>\n\n\n\n

            10.1    Severability.  If any portion of these Bylaws is deemed to be contrary to law by a court of competent jurisdiction, such portion is severable from the remainder of the provisions of the Bylaws and such remainder shall be legally binding.<\/p>\n\n\n\n

            These BYLAWS adopted this ____day of ___________1998.                                     ___________________________________<\/p>\n\n\n\n

Attest:<\/p>\n\n\n\n

__________________________________<\/p>\n\n\n\n

Secretary\/Treasurer<\/p>\n\n\n\n

Bylaws Revised: April 25, 1998<\/p>\n\n\n\n

This Declaration of Protective Property Rights affecting all real property known as Phase II of the Double Arrow Ranch Subdivision, recorded in Volume 99, pages 326 \u2013378, reflects those changes in the Declaration effected by the following:  1.  Amendments recorded in Volume 104, page 182;  2.  Assignment of all Grantor rights to the Double Arrow Ranch Landowners Association recorded in Volume 339, pages 1312 \u2013 1314;  Assignment by the Double Arrow Ranch Landowners Association of all of its rights and ownership\u2019s as the successor-in-interest of the Grantor and all of its power of maintaining, administering and enforcing the covenants and restrictions and collecting and disbursing assessments and charges created by the Declaration to the Phase II Landowners Association, Inc. recorded in Volume 537, pages 1691 \u2013 1692.<\/p>\n\n\n\n

DECLARATION OF<\/p>\n\n\n\n

PROTECTIVE PROPERTY RIGHTS<\/p>\n\n\n\n

THROUGH THE<\/p>\n\n\n\n

PHASE II<\/p>\n\n\n\n

LANDOWNERS ASSOCIATION<\/p>\n\n\n\n

W I T N E S S E T H:<\/p>\n\n\n\n

            Whereas, Life of Montana Development Company, 28 North Black\u00cb, Bozeman, Montana 59715, hereinafter referred to as Grantor, is the owner in fee simple of all real property known as Double Arrow Ranch, hereinafter referred to as the Premises and more particularly described in Exhibit \u201cB\u201d, attached hereto; and<\/p>\n\n\n\n

            Whereas, Grantor has deemed it desirable to create a corporate entity to which will be delegated and assigned the powers of maintaining, administering, and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and<\/p>\n\n\n\n

            Whereas, Grantor has incorporated under the laws of the State of Montana, as a non-profit corporation, The Double Arrow Ranch Landowners Association, for the purpose of exercising the functions aforesaid; and<\/p>\n\n\n\n

            Whereas, Phase II Landowners Association is the successor in interest to Grantor and the Double Arrow Ranch Landowners Association.<\/p>\n\n\n\n

            Now, therefore, Grantor hereby makes, declares and imposes the following limitations, restrictions, regulations and uses upon a\u00cbnd of such real property as restrictive and protective covenants running with the land and binding upon all present and future owners of any part of such property, and further declares that each lot within the Premises is and shall be held, transferred, sold conveyed, and occupied subject to the restrictive and protective covenants, easements, charges, and liens hereinafter set forth.<\/p>\n\n\n\n

ARTICLE I<\/p>\n\n\n\n

Definitions<\/p>\n\n\n\n

            Section 1.  Definitions as used herein, the following words and terms shall have the following meanings:<\/p>\n\n\n\n

(a)       \u201cAssociation\u201d \u2013 The Phase II Landowners Association, Inc.<\/p>\n\n\n\n

(b)       \u201cCommon Properties\u201d \u2013 Those areas of land shown on any recorded plat of the Premises, including but not limited to, private access roads and common greens, except that this term shall not include (1) any platted lot unless the Association is the Owner thereof, and (2) any property which has been dedicated to and accepted by any public authority or body which has assumed the obligation to maintain the same.<\/p>\n\n\n\n

(c)        \u201cLot\u201d \u2013 The parcels of land into which the property was divided as shown on any recorded plat of the Premises, with the exception of Common Properties as previously defined.<\/p>\n\n\n\n

(d)       \u201cStructure\u201d \u2013 Any construction erected or placed upon any lot, including but not limited to, parts of and additions to buildings, cisterns, wall, fences and other enclosures, television and other antennas, walks and driveways.<\/p>\n\n\n\n

(e)       \u201cOwner\u201d \u2013 The Record Owner (including without limitation the Grantor), whether one or more persons or entities, of the fee simple title to any lot except that (1) where a lot has been sold by Grantor under an agreement for deed, the buyer thereunder (provided he is not in default under said agreement), and not the Grantor, shall be deemed to be the owner, and (2) the term Owner shall not mean or refer to a mortgage unless and until such mortgagee has acquired title pursuant to foreclosure or any proceeding in lieu of foreclosure.<\/p>\n\n\n\n

ARTICLE II<\/p>\n\n\n\n

Landowners Association<\/p>\n\n\n\n

            The owners of lots w\u00cbithin Phase II have established a landowners association, known as \u201cPhase II Landowners Association\u201d, the voting members of which are the owners of record or purchasers under contract for deed of lands in Phase II of \u201cThe Double Arrow Ranch Subdivision\u201d, subject to the condition that the declaration of covenants affecting such phase of the Subdivision shall remain intact and binding upon the Association as well as the lot owners affected thereby.<\/p>\n\n\n\n

ARTICLE III<\/p>\n\n\n\n

Property Subject To This Declaration<\/p>\n\n\n\n

            Section 1.  Existing property:  The real property which is and shall be held, transferred, sold, conveyed, and occupied subject to this Declaration is located in Missoula County, Montana, and is more particularly described in Exhibit \u201cB\u201d, attached.<\/p>\n\n\n\n

            Section 2.  Additional property:  So long as Grantor shall be entitled to all of the voting rights of the Association pursuant to Article IV of this Declaration, Grantor shall have the exclusive right, at its option, to subject additional property\u00cb owned by it to this Declaration, provided such addition is approved by appropriate Missoula County Administrative Agencies.<\/p>\n\n\n\n

ARTICLE IV<\/p>\n\n\n\n

Membership and Voting Rights In The Association<\/p>\n\n\n\n

            Section 1.  Membership:  Every Owner shall be a Member of the Association, provided that (a) any person or entity who is merely holding an interest in a lot as security for the performance of an obligation shall not be a Member, and (b) the Grantor shall be a Member of the Association so long as it has any voting rights under Section 2 of this Article.<\/p>\n\n\n\n

            Section 2.  Voting rights:  Until such time as the Grantor has conveyed by record deeds fifty (50%) percent of the total number of lots included in the Premises to others, the Grantor shall have all the voting rights of the Association; and the other Members shall not be entitled to notice of or to vote at any meeting of Members.  When Grantor has so conveyed such lots, every Member shall be entitled to notice of meetings and every lot shall be entitled\u00cb to one vote in the business of such meetings which shall be cast by the Owner (including without limitation the Grantor) thereof.  In the event that the Owner of any lot is comprised of more than one person or entity, such persons or entities shall determine between themselves how the vote for such lot is to be voted, but there shall never be fractional voting with respect to any lot, nor more than one vote per lot; and if said common or joint owners do not unanimously agree on how their vote shall be voted, the Association at its option may refuse to recognize such vote.<\/p>\n\n\n\n

ARTICLE V<\/p>\n\n\n\n

Property Rights In The Common Properties<\/p>\n\n\n\n

            Section 1.  Title to common properties:  The Grantor may retain the legal title to the Common Properties until such time as it has completed improvements thereon and it desires and is of the opinion the Association is able to maintain the same.<\/p>\n\n\n\n

ARTICLE VI<\/p>\n\n\n\n

Assessments<\/p>\n\n\n\n

            Section 1.  Creation of the lien of assessments:  Each lot Owner (except the Grantor) hereby covenants and agrees to pay to the Association annual assessments, all such assessments to be fixed, established, and collected from time to time as hereinafter provided.  The annual assessment, together with such interest thereon and costs of collection thereof as hereinafter provided, shall be a charge and continuing lien upon the lot (except the lots owned by the Grantor) against which each such assessment is made.  Each such assessment, together with such interest thereon and cost of collection thereof as is hereinafter provided, shall be the obligation of the Owner (except the Grantor) of such lot from the date when such assessment becomes payable.  However, the Grantor shall be subject to assessments for dust coating requirements in such amount as shall represent its proportionate share in said lots.<\/p>\n\n\n\n

            Section 2.  Purposes of assessments:  The assessments levied by the Association shall be used for such purposes as are deemed desirable by the Association, as well as for dust coating\u00cb requirements on the roads.<\/p>\n\n\n\n

            Section 3.  Amount of annual assessments:  The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association, fix the annual assessment for each year.<\/p>\n\n\n\n

            Section 4.  Grantor covenants and agrees to construct a roadway upon said dedicated rights of way with gravel top to county specifications, within six (6) months (weather permitting) after hookup and installation of the water system to serve said subdivision.  The Association further covenants and agrees to comply with dust cover requirements, and Grantor agrees to pay its proportionate share of the assessments to cover said dust cover requirements.<\/p>\n\n\n\n

            Section 5.  Special improvement district for roads:  Each lot owner hereby agrees that, upon completion of construction of residences upon fifty-two percent (52%) of the lots in the subdivision as shown on Exhibit \u201cB\u201d attached hereto, the Association shall forthwith establish or cause to be establ\u00cbished a Special Improvement District, comprising all of the lots in the subdivision, for the purpose of completing to county specifications as prescribed and approved by the County Engineer of Missoula County, including \u201cblacktopping\u201d thereof, the roads of said subdivision, and providing for the assessment of property in the subdivision for refinancing the same.<\/p>\n\n\n\n

            Section 6.  Payment of annual assessments:  The assessments provided for herein shall be completed on a yearly basis, commencing on the 1st day of January of each year and terminating on the 31st day of December of the same year.  The assessments for any year shall become due and payable monthly, quarterly, annually and\/or in advance, at the discretion of the Board of Directors of the Association.  The Board shall fix the amount of the assessment against each lot for each assessment period at least thirty (30) days in advance of the due date specified herein and shall at that time, prepare a roster of the properties and assess\u00cbments applicable thereto, which shall be kept in the office of the Association and shall be open to inspection by any Owner.  Written notice of the assessment shall thereupon be sent to every Owner subject thereto.  The amount of the assessment which may be levied on any lot initially purchased shall be prorated in proportion to the total assessment for the entire year.<\/p>\n\n\n\n

            Section 7.  Effect of non-payment of assessment:  If the assessments are not paid by midnight on the date when due (being the date specified in Section 6 hereof), then such assessment shall become delinquent and shall, together with any interest thereon, become a continuing lien on the lot which shall run with the land.  If the assessment remains unpaid for thirty (30) days after such due date, the assessment shall bear interest from the due date at the maximum annual percentage rate permitted by law but not in excess of ten percent (10%).  The obligation of the then Owner to pay any assessment or interest shall not be\u00cb affected by any conveyance of transfer of title to said lot.  The Association may bring an action at law against the Owner obligated to pay the same and\/or to foreclose the lien against the property, and there shall be added to the amount of such assessment the costs of collecting the same for foreclosing the lien thereof, including reasonable counsel fees.<\/p>\n\n\n\n

            Section 8.  Exempt property:  The following property subject to this Declaration shall be exempted from the assessments, charge, and lien created herein:<\/p>\n\n\n\n

(a)       All properties to the extent of any easement or other interest therein dedicated to and accepted by the local public authority and devoted to public use;<\/p>\n\n\n\n

(b)       All common properties;<\/p>\n\n\n\n

(c)        All properties exempted from taxation by the laws of the State of Montana, upon the terms and to the extent of such legal exemption as such exemption may exist from time to time.<\/p>\n\n\n\n

ARTICLE VII<\/p>\n\n\n\n

Architectural Control Committee<\/p>\n\n\n\n

            Section 1.  Approval of construction plans:  No site clearing shall b\u00cbe commenced, no building or other structure, including mobile or modular homes, shall be started, constructed, installed, erected or maintained on any lot, nor shall any addition thereto or change or alteration therein, including exterior surface finish or other appearance changes, be made until the complete plans and specifications for each development, addition, change or alteration thereof have been submitted to and approved in writing by the Board of Directors of the Association or by any architectural committee composed of three (3) or more representatives appointed by the Board.  Said plans and specifications shall include but shall not be limited to the following:  Site clearance, septic tank, and drainage field location, the designs, dimensions, location and principal materials and color schemes to be used, as well as a full description of all fences, signs, lighting, off street parking, ponds or other water retaining structures, and landscaping planned in connection with the c\u00cbonstruction.  The Board of Directors of the Landowners Association reserves the right to require reasonable fees to be paid with the filing of plans and specifications and the issuance of building permits.  Any undertaking that is approved under this section shall be conducted in strict accordance with the approved plans and specifications may be based on engineering, architectural, or purely aesthetic grounds.<\/p>\n\n\n\n

ARTICLE VIII<\/p>\n\n\n\n

General Restrictions and Covenants<\/p>\n\n\n\n

            Section 1.  General purposes:  These covenants are made for the purpose of creating and keeping the Premises, insofar as is possible, desirable, attractive, beneficial, and suitable in architectural design, materials, and appearance;  and guarding against any unnecessary interference with the natural beauty of the Premises;  all for the mutual benefit and protection of the owners of lots within the Premises.<\/p>\n\n\n\n

            Section 2.  Uses and zoning:  All lots within the Premises except the Common Properties shall be known and described as r\u00cbesidential lots and no business, trade, or commercial activity of any type or description shall be conducted thereon.  Property usage shall conform to the zoning restrictions of Missoula County, as well as those of the Grantor.  In the event of any conflict, Missoula County regulations shall prevail.<\/p>\n\n\n\n

            Section 3.  Construction:  All construction on or within the Premises shall be diligently prosecuted to completion and shall in any event be completed within twelve (12) months of commencement unless specific written extension is given by Grantor.  No construction materials shall at any time be placed or stored so as to impede, obstruct, or interfere with pedestrian or vehicular traffic.<\/p>\n\n\n\n

            Section 4.  Building code:  All buildings of every sort constructed within the Premises shall conform to the local building code in effect at the time of construction, and if none exist, shall conform to the requirements set forth by the Architectural Committee.  Any and all external construction to any \u00cbbuildings on the Premises shall be approved in advance by the Architectural Committee.  This includes any change in exterior materials or colors on all buildings, sheds, fences, etc.<\/p>\n\n\n\n

            Section 4A.  No lots within the Premises shall be fenced without the express permission of the Architectural Control Committee or the Landowners Association.<\/p>\n\n\n\n

            Section 5.  Parking:  No vehicles shall at any time be placed or parked so as to impede, obstruct or interfere with pedestrian or vehicular traffic along any road or right-of-way within the Premises.<\/p>\n\n\n\n

            Section 6.  Easement reservations:  Grantor shall have, and does hereby reserve the right to locate, install, erect, construct, maintain, and use, or authorize the location, installation, erection, construction, maintenance, and use of drains, sewers, electric lines, telephone lines, and other utilities, and to give or grant a right-of-way easement, not more than twenty (20) feet in width therefore (a) over any part of the Common Properties, and (b) ov\u00cber any part of any lot within the Premises providing that such location, installation, erection, construction, maintenance, and use is harmonious with the development of the Premises.  In addition, the Premises is subject to easements and right-of-way for roads as shown or described on any recorded plat of the Premises.  All such road easements shall include a corresponding easement for any utilities, bridle paths, pedestrian traffic, skiing, or other service.<\/p>\n\n\n\n

            Section 6A.  Grantor reserves ownership of all surface water rights on the Double Arrow Ranch property to be used by Grantor and Developer for the benefit of the lands retained by Developer and for the general use of the subdivided lands within the Double Arrow Ranch as may be directed by the Architectural Control Committee or the Board of Directors of the Landowners Association.  If a water district or a water company is formed on any area of the Double Arrow Ranch, such water district or water company shall have first preferen\u00cbtial rights to water available from such water rights.<\/p>\n\n\n\n

            Section 6B.  Grantor shall have, and does hereby reserve the right to locate, install, erect, construct, maintain, use or authorize the location, installation, erection, construction, maintenance and use of irrigation flumes, ditches, culverts, pipes, lines for the use of irrigating common areas, filling or draining ponds, lakes or streams.<\/p>\n\n\n\n

            Section 7.  Ingress and egress:  Grantor retains rights of ingress and egress to, upon, and from the Premises for purposes of locating, installing, erecting, constructing, maintaining or using drains, sewers, electric lines, telephone lines, and other utilities.<\/p>\n\n\n\n

            Section 8.  Water and sewage disposal systems:  No structure within the Premises shall be used for occupancy by human beings without first having complied with the laws of the State of Montana and any rules or regulations prescribed under the Montana Water User Act, or the County of Missoula now or hereafter in effect in regard to wat\u00cber supply and sewage disposal systems.<\/p>\n\n\n\n

            Section 9.  Trash and garbage:  No trash, garbage, or other refuse shall be thrown or dumped on any land within the Premises.  There shall be no burning of refuse out of doors except as may be approved by both the Missoula County Health Department and the Grantor.  This shall not be construed to prohibit or deny the installation and use of wood burning fireplaces or barbecue pits.  Each property owner shall provide suitable receptacles for the temporary storage and collection of refuse and all such receptacles shall be screened from the public view and protected from disturbance.<\/p>\n\n\n\n

            Section 10.  Signs:  No sign billboard, or other advertising structure of any kind shall be erected or maintained in any portion of the Premises for any purpose whatsoever, except such signs as have been approved in advance by Grantor.<\/p>\n\n\n\n

            Section 11.  Environment:  Every attempt shall be made to preserve and protect the environment indigenous to the area.  Disturbance, de\u00cbstruction, or damage to any plant life, animal life, or their natural habitats is forbidden except where absolutely necessary for the placement or construction of improvements on the land, or for the proper and orderly development of the Premises.  All areas disturbed by construction or other human activity shall be returned promptly to their natural condition and replanted with native plant life except where otherwise utilized for lawns, gardens, or exterior living areas.  Living trees naturally existing upon a lot shall not be cut, trimmed, or removed from the Premises, except as approved in advance by the Grantor.<\/p>\n\n\n\n

            Section 12.  Mining:  No mining, excavation, drilling, or other activity shall be allowed within the Premises except as may be necessary in connection with the construction or placing of improvements thereon.<\/p>\n\n\n\n

            Section 13.  Temporary dwellings:  No trailer, mobile home, camper, or tent shall be used within the Premises as a residence, a place of habitation, or for sleeping\u00cb in excess of thirty (30) days without prior approval of the Grantor.<\/p>\n\n\n\n

            Section 14.  Nuisance, livestock and firearms:  No noxious or offensive activity shall be conducted within the Premises; nor shall anything be done or permitted which shall constitute a public nuisance therein; nor shall any livestock be kept on the Premises at any time, except for horses, which may be allowed on a temporary basis; nor shall any firearms be discharged within the Premises except in those areas which may be designated by the Grantor for such purpose.<\/p>\n\n\n\n

            Section 15.  Further subdivisions:  There shall be no further subdivisions of the lots within the Premises without prior written consent of the Grantor, subject to all State and County regulations concerning further subdivision.<\/p>\n\n\n\n

            Section 16.  Districts:  Each present or future Owner of property within the Premises shall be deemed to have waived any right to object to the formation of one or more Local Improvement or Service Districts which include such O\u00cbwner\u2019s land, and also to have waived any right to join in any action opposing the formation of such a District.  Each Owner shall be deemed to support the formation and operation of any District for the mutual protection of property Owners of all parts of the Premises.<\/p>\n\n\n\n

            Section 17.  First refusal:  Should the Owner (except the Grantor) of any lot within the Premises receive an offer to purchase such lot and be desirous of accepting said offer, he shall first submit such offer in writing including the terms thereof and the name and address of the offerer to the Grantor, who shall then be given not less than two (2), nor more than seven (7), business days after receipt thereof to agree to purchase the property itself on said terms.  Should the Grantor choose not to exercise its right of first refusal, the Owner of such lot shall be free to sell to said offerer, and no other, at the price offered or at a higher price.  The Grantor shall not be deemed to have waived its rights hereunder as\u00cb to subsequent sales of any lot or lots by virtue of its failure to exercise its right of first refusal on any previous sale of said lot or lots.<\/p>\n\n\n\n

            Section 18.  Approvals by the Grantor:  The approvals by the Grantor provided for herein may be given by the Grantor, its duly authorized agent, its successors or assigns, or a committee appointed by the Grantor, until the authority to give such approvals shall be transferred by the Grantor, its successors, or assigns to the Association.<\/p>\n\n\n\n

            Section 19.  Effect and duration of covenants:  The conditions, restrictions stipulations, agreements, and covenants contained herein shall be binding upon each lot within the Premises and each Owner of property therein, his successors, representatives, and assigns, and shall continue in full force and effect until January l, 2000, at which time they shall be automatically extended for successive periods of ten (10) years, each, unless otherwise terminated or modified in accordance with the provisions of Se\u00cbction 20 of this Article.<\/p>\n\n\n\n

            Section 20.  Amendment:  The conditions, restrictions, stipulations, agreements, and covenants contained herein shall not be waived, altered, abandoned, terminated, or amended in whole or in part except by written consent, duly recorded within the office of the Clerk and Recorder, Missoula County, Montana, of the Owners of seventy-five (75) percent of the privately owned land included within the boundaries of the Premises.  Such consent may be given by a vote of the Members at a meeting thereof held after not less than thirty (30) days prior written notice of such meeting and the purpose thereof has been sent by Certified Mail, return receipt requested, to the last known address of record of each such Member.  The Grantor reserves the right to grant variances to any of the provisions in this Declaration where, in its discretion, it believes the same to be necessary and where the same will not be injurious to the rest of the Premises, except that no variance a\u00cbffecting roads, lot size, or other such variance shall be granted by Grantor without prior written approval by the appropriate County offices.<\/p>\n\n\n\n

            Section 21.  Enforcement:  In the event of any violation or threatened violation of these covenants the Grantor, the Association or such Owner may enter upon the property in question and remove, remedy or abate the violation or threatened violation after first having given proper notice and a reasonable opportunity for the violator to take action himself to comply with these covenants.  Such notice shall be in writing and shall specify the violation or threatened violation, identify the property, demand compliance with the terms and conditions of these covenants, and state the action which will be taken if the violation or threatened violation is not abated, remedied, or satisfied.  If such notice cannot be personally served after a reasonable effort to locate the person or entity to be served, service may be had by posting a copy of such notic\u00cbe at a conspicuous place on the property which is the subject of such violation or threatened violation and mailing a copy of the notice by Certified Mail return receipt requested, to the last known address of record of the violator.  Such notice must further provide for a period of fourteen (14) days from the date of personal service of such notice, or twenty-eight (28) days from the date of posting and mailing of the same within which time compliance can be had with these covenants before any self-help, abatement, entry, or legal proceedings can be commenced.  No representatives of the Grantor, the Association, or the property Owner shall be liable to any person or entity for any proceedings provided for in this Section, and all property owners shall be deemed to have waived any and all rights to or claims for damages for any loss or injury resulting from action taken under the terms and conditions of this Section.  However, exception to the above shall exist for loss, injury, or dam\u00cbage resulting from intentionally wrongful acts.  Actual costs, expenses, and reasonable attorney\u2019s fees incurred in connection with correcting, remedying, abating, preventing, or removing any violation or threatened violation of these covenants either through litigation, entry or self-help, shall constitute a claim by the Grantor or the property Owner initiating such action against the Owner of the subject property.  Such claim shall not, however, exceed Five Thousand ($5,000) dollars for any one claim.  Such claim shall be enforceable through appropriate court action.  The person or entity making such claim may file a lien against the subject property in the amount of and for the collection of the claim by filing a verified statement of the lien with the office of the Clerk and Recorder, Missoula County, Montana.  Such lien statement must set forth the names of the claimant and the Owner of record of the property against which the lien is claimed, a description of the property, the am\u00cbount of the claim, the date of the claim, and a brief statement of the manner in which the costs and expenses constituting the claim were incurred.  Once filed, the lien shall remain of record as a claim against the property until paid in full or foreclosed in the manner provided by law, subject to rights of redemption.<\/p>\n\n\n\n

            Section 22.  Severability:  A determination of invalidity of any one or more of the covenants or conditions of this Declaration by judgement or court order or decree shall in no way affect any of the other provisions hereof, which shall remain in full force and effect.<\/p>\n\n\n\n

            Section 23.  Liability of the Grantor:  The Grantor shall have no liability for any of its actions or failures to act, or for any actions or failures to act of the Association of any Owners of property within the Premises.  The relationship between the Grantor, the Association, and the property Owners shall be deemed to be that of independent contractors, and not that of principal and agent, partnershi:p, or joint venture.  In addition, the Grantor shall have no liability or obligation under this Declaration to any person or entity except such liabilities and obligations as the Grantor has expressly assumed herein.<\/p>\n\n\n\n

                                                                        LIFE OF MONTANA DEVELOPMENT COMPANY<\/p>\n\n\n\n

                                                                        By \/s\/ James H. Melville                                                          Vice President<\/p>\n<\/blockquote>\n\n\n\n

\n

Full text of the Articles of Incorporation can be found below, to download a copy please find the link here:<\/p>\n\n\n\n

Articles of Incorporation<\/a>Download<\/a><\/div>\n\n\n\n

ARTICLES OF INCORPORATION<\/strong> OF<\/strong> PHASE II LANDOWNERS ASSOCIATION, INC.<\/strong><\/p>\n\n\n\n

          The undersigned, acting as incorporator of a Corporation under the Montana Nonprofit Corporation Act, adopts the following Articles of Incorporation for the Corporation.<\/p>\n\n\n\n

ARTICLE I<\/h1>\n\n\n\n

          <\/em>Section1.1 Name<\/em><\/strong>. The name of the Corporation is Phase II Landowners Association, Inc. (the \u201cCorporation\u201d).<\/p>\n\n\n\n

ARTICLE II<\/h1>\n\n\n\n

          <\/em>Section2.1 Mutual Benefit<\/em><\/strong>.  The Corporation is a mutual benefit Corporation.<\/p>\n\n\n\n

ARTICLE III<\/h1>\n\n\n\n

          <\/em>Section3.1 Duration<\/em><\/strong>. The period of its duration is perpetual.<\/p>\n\n\n\n

ARTICLE IV<\/h1>\n\n\n\n

          <\/em>Section4.1 Purposes<\/em><\/strong>. The purpose for which the Corporation is organized is to promote   and develop the common good and social welfare of owners of lots within Phase II of Double Arrow Ranch a platted subdivision of Missoula County, Montana (Book 99, Page 326, Clerk and Recorder\u2019s Office).<\/p>\n\n\n\n

          <\/em>Section4.2 Corporate Powers<\/em><\/strong>. The Corporation shall have all powers enumerated in the Montana  Nonprofit Corporation Act.<\/p>\n\n\n\n

ARTICLE V<\/h1>\n\n\n\n

          <\/em>Section5.1 Membership<\/em><\/strong>. Every person or entity who is the record owner or the holder of equitable title in a lot, when purchasing under a contract, and who is subject to assessments, either present or future, by the Corporation, pursuant to the provisions of any recorded instrument relating to assessment, shall be a member of the Corporation. For the purpose of determining membership, ownership will be deemed to have vested upon delivery of a duly executed deed or contract to the grantee  or vendee. The legal title retained by a vendor selling under a contract that is essentially a security device shall not qualify the vendor for membership. Foreclosure of a contract or repossession for any reason of a lot or unit sold under contract shall terminate the vendee’s membership, whereupon all membership rights shall rest in the vendor.<\/p>\n\n\n\n

          <\/em>Section5.2 Voting rights<\/em><\/strong>. Members shall be all owners as defined in Section 5.1. Members shall be entitled to one vote for each lot in which they hold the interest required for membership by Section 5.1 as shown by the records of the Corporation as of the last day of the month preceding the next  membership meeting. When more than one person holds such interest or interests in any lot, all such persons shall be members and the vote for the lot shall be exercised as they may among themselves determine, but in no event shall more than one vote be cast for any one lot.<\/p>\n\n\n\n

          <\/em>5.3  Suspension of membership rights<\/em><\/strong>. The membership rights (including voting rights) of any member may be suspended by action of the Board of Directors if the member has failed to pay when due any assessment or charge lawfully imposed upon the member or any property owned by the member, or if the member, his or her family, tenants, or guests of any of them, shall have violated any rule or regulation of the Board regarding the use of any property.<\/p>\n\n\n\n

ARTICLE VI<\/h1>\n\n\n\n

          <\/em>Section6.1<\/strong> Registered office and agent. The street address of the initial registered  office of the Corporation is 199 W. Pine, Missoula, Montana  59802. The name the initial registered agent of the Corporation in this state is Shermon V. Lohn.<\/p>\n\n\n\n

ARTICLE VII<\/h1>\n\n\n\n

          <\/em>Section7.1 Incorporator<\/em><\/strong>. The name and address of the incorporator is as follows:<\/p>\n\n\n\n

                   Sherman V. Lohn, Esq.<\/p>\n\n\n\n

                   Garlingtan, Lohn & Robinson, PLLP<\/p>\n\n\n\n

                   199 W. Pine – P.O. Box 7909<\/p>\n\n\n\n

                   Missoula, MT 59807-7909<\/p>\n\n\n\n

ARTICLE VIII<\/h1>\n\n\n\n

          <\/em>Section8.1 Board of directors<\/em><\/strong>. The Corporation shall have five (5) Directors who shall constitute the Board of Directors and the governing body of the Corporation. The initial Board of Directors shall consist of three (3) directors who shall hold office until the election of their successors. Beginning with the first annual meeting, the members shall elect five (5) Directors – two shall serve for a term of 3 years, two shall serve for a term of 2 years, and one shall serve for a term of 1 year. Each elected Director thereafter shall serve for a term of three years.<\/p>\n\n\n\n

          <\/em>8.2 Voting<\/em><\/strong>. The decision of the majority of the Directors currently serving shall be required and shall be sufficient to authorize any action on behalf of the Corporation. Each director shall be entitled to one vote on every matter presented to the Board of Directors.<\/p>\n\n\n\n

          <\/em>8.3 Meetings<\/em><\/strong>. Any meetings of the members or of the Board of Directors of the Corporation may be held in or outside the State of Montana.<\/p>\n\n\n\n

ARTICLE IX<\/strong><\/p>\n\n\n\n

          <\/em>Section 9.1 Liquidation into successor organization<\/em><\/strong>. Upon dissolution or other termination of the Corporation, no part of the property of the Corporation, nor any of the proceeds of the property, shall be distributed to the members of the Corporation as such, but all the property and proceeds shall subject to the discharge of valid obligations of the Corporation, be distributed as directed by the members of the Corporation to the governing body of any community or communities for the welfare of which the Corporation shall have been operated or to one or more Corporation or other organization not organized  for profit and operated  exclusively for the promotion of social welfare, and which does not participate or intervene in any political  campaign on behalf of or in opposition to any candidate for public office.<\/p>\n\n\n\n

          DATED:  3-23-1998<\/p>\n\n\n\n

                                                                   \/s\/  Sherman V. Lohn               <\/p>\n\n\n\n

                                                                   Sherman V. Lohn, Incorporator<\/p>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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