HomeMy WebLinkAbout008 - Appendix G - CCRs
MEADOW BRIDGE
CCoovveennaannttss
Prepared By:
Intrinsik Architecture, Inc.
Prepared For:
Meadow Bridge, LLC
Date: ____________________
01/02/2025 DRAFT
Mail Original to:
Meadow Bridge, LLC
242 South 64th Street West
Billings MT 59106
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CCoovveennaannttss
Table of Contents
Name Page
Article 1: Purpose 1
Article 2: Land Subject to Covenants 1
Article 3: Relationship to other Documents 1
3.1 Local Land Use Regulations 1
3.2 Meadow Bridge Property Owners’ Association
Bylaws
1
3.3 Meadow Bridge Design Regulations 1
Article 4: Meadow Bridge Property Owners’ Association 2
4.1 Function 2
4.2 Membership 3
4.3 Board of Directors 4
4.4 Meetings 5
4.5 Voting & Membership Interest 5
4.6 Annual & Special Assessments 6
Article 5: General Restrictions & Notices 9
5.1 General Use 9
5.2 Notice of Adjacent Agricultural Uses 11
5.3 Notice of Water Features 11
5.4 Weed Control 12
5.5 Garbage 13
5.6 Sidewalks 13
Article 6: Common Areas 14
6.1 Use 14
6.2 Control and Management 14
6.3 Maintenance 15
6.4 Maintenance Guarantee 15
Article 7: Enforcement 17
7.1 Enforcement 17
7.2 Fine Schedule 19
7.3 Dispute Resolution 19
Article 8: Term 19
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Article 9: Amendments 20
Article 10: Definitions 21
Exhibit A: Legal Description 25
Exhibit B: Legal Description of Common Areas 26
Exhibit C: Greenplan 27
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DECLARATION OF COVENANTS & RESTRICTIONS
FOR MEADOW BRIDGE
THIS DECLARATION OF PROTECTIVE COVENANTS is made this ______ day of
____________, 2025, by Meadow Bridge, LLC, hereinafter also referred to as
"Declarant";
W I T N E S S E T H:
WHEREAS, Declarant is the owner of the following described
property situated in Gallatin County, Montana:
See exhibits attached hereto and by this reference made a part
hereof;
WHEREAS, Declarant intends to develop, sell and convey the
above-described real property, hereinafter referred to as "Meadow
Bridge"; and,
WHEREAS, Declarant desires to subject all of said real property,
together with the lots, phases and subdivisions contained therein, to the
covenants, conditions, restrictions and reservations herein set forth and
referred to as "Covenants”; and
WHEREAS, Declarant intends to develop Meadow Bridge in phases
with each phase subject to these covenants with the filing of each final
plat;
NOW, THEREFORE, Declarant does hereby establish, dedicate,
declare, publish and impose upon the property the following Protective
and Restrictive Covenants, which shall run with the land, and shall be
binding upon and be for the benefit of all persons claiming such property,
their grantors, legal representatives, heirs, successors and assigns, and
shall be for the purpose of maintaining a uniform and stable value,
character, architectural design, use, and development of the property.
Such Covenants shall apply to the entire property, and all improvements
placed or erected thereon, unless otherwise specifically accepted herein.
The Covenants shall inure to and pass with each and every parcel, tract,
lot or division.
Said Covenants shall be as follows:
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Article 1: Purpose
The purpose of these Covenants is to protect and enhance the Meadow
Bridge neighborhood and to provide for the maintenance of shared
common areas.
Article 2: Property Subject to Covenants
The land described in Exhibit “A” attached hereto shall be held, sold,
conveyed, leased, encumbered, occupied and improved subject to this
Declaration. The Covenants shall inure to and pass with each and every
parcel, tract, lot or division.
The Declarant reserves the right, without seeking comment or consent
from the owner(s) of the property subject to these covenants, to annex
additional property and phases to Meadow Bridge by recording a
Declaration including a legal description of the land to be annexed and
any additional requirements or exceptions.
Article 3: Relationship to other Documents
3.1 Local Land Use Regulations
All zoning, land use regulations and other laws, rules and regulations
of any governing body or agency with jurisdiction over Meadow
Bridge shall be in full force and effect, including amendments
thereto, in addition to these Covenants. All owners of land in
Meadow Bridge shall be subject to those regulations, laws, rules and
regulations. The Bozeman Unified Development Code (UDC) can
be found online at www.bozeman.net.
In the event there is a conflict between the Covenants or Design
Regulations and any land use regulations, the most restrictive
provision shall control.
3.2 Meadow Bridge Property Owners’ Association Bylaws
The procedures and processes for operations of the Meadow Bridge
Property Owners’ Association are outlined in a separate document
entitled “Bylaws of the Meadow Bridge Property Owners’
Association” which is authorized by the filing of these Covenants.
The Association Bylaws have a separate provision for amendments.
3.3 Meadow Bridge Design Regulations
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The procedures and processes for the Meadow Bridge Design
Committee (MBDC) and for all development within Meadow Bridge
are outlined in a separate document entitled “Meadow Bridge
Design Regulations” (Design Regulations) which is authorized by the
filing of these Covenants. The Design Regulations have a separate
provision for amendments.
No residence(s), fence, wall, parking space, garage, shed,
outbuilding or other structure shall be made, erected, altered or
permitted to remain upon the properties subject to these covenants
until written plans and specifications showing the design, nature,
kind, color, dimensions, shape, elevations, material, use and
location have been submitted and approved, in writing, by the
MBDC, as well as appropriate City of Bozeman review, permitting
and fee payment. All plans submitted to the City of Bozeman
Planning Department or Building Division must have the Meadow
Bridge Design Committee Form B stamp of approval. It is the
responsibility of the property owner to ensure that he/she has the
most recent copy of the Design Regulations. An application shall be
processed consistent with the Design Regulations that are in effect
thirty (30) days prior to MBDC receipt of a complete Form A
submittal.
Article 4: Meadow Bridge Property Owners’ Association
4.1 Function
The Meadow Bridge Property Owners’ Association is charged with
the duties and empowered with the rights set forth herein and in the
Meadow Bridge Property Owners’ Association Bylaws.
The Association, acting through its Board of Directors, shall have the
power and authority to take such actions as shall be necessary or
reasonable to care for, protect and maintain the parks, open
spaces, common areas and facilities, ponds, watercourses,
easements, and boundary fences; to enforce these Covenants and
Design Regulations; to adopt a development review fee schedule;
to collect assessments, reserves and fines; to adopt a fine schedule;
to set annual and/or special meetings; and to act in any other
matters set forth herein or which may serve the development,
including the formation of special improvement districts, either
public or private, for such improvements as the Association shall
approve.
4.2 Membership
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The Property Owners’ Association, which may be incorporated, is
hereby established known as "Meadow Bridge Property Owners’
Association" hereinafter referred to as the "Association." The
Association shall elect a Board of Directors whose duties are
described below and in detail in the Bylaws.
Every owner or contract purchaser of a lot or unit shall be a
member of the Meadow Bridge Property Owners’ Association,
which may not be abandoned or relinquished. Membership shall be
appurtenant to and may not be separate from the ownership of
any lot or unit. Each Owner shall be responsible to advise the
Association of the Owner's current mailing address and any
changes to that address. Upon transfer of any Meadow Bridge lot,
the Owner is responsible for advising the Association of the name
and address of the new Owner. The address of the Association shall
be: PO Box 4240, Bozeman, Montana 59772. The address of the
Association may be changed by the Board of Directors upon notice
to the owners.
For the purpose of determining membership, at any meeting a
person or entity shall be deemed to be a member upon the
recording of a duly executed deed to that owner, or upon the
recording of a Notice of Purchaser's Interest or an Abstract of
Contract for Deed showing a contract purchase by an owner. The
legal title retained by the vendor selling under contract shall not
qualify such vendor for membership. Nothing contained herein shall
grant multiple owners of a single lot more than one vote per lot.
Foreclosure of a mortgage, trust indenture or the termination or
foreclosure of a contract for deed wherein title is vested in the
mortgage, beneficiary or original seller on a contract, or
repossession for any reason of a lot or unit sold under a contract
shall terminate the vendee's membership, whereupon all rights to
such membership shall vest in the legal owner. Such termination
does not extinguish the lot owner’s obligations until paid in full.
To ensure continued maintenance of common areas and facilities,
and on-going fulfillment of all obligations no property may be
removed from the property owners' association without prior
approval by the city commission.
Covenants and condominium declaration documents must require
condominiums to be assigned street addresses in compliance with
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chapter 10, article 7 BMC. Addressing must not use X or other
generic statements. Draft documents submitted for review prior to
final approval must include correct addresses
Voting and membership interest is addressed in Article 2 of the
Bylaws of the Meadow Bridge Property Owners’ Association.
4.3 Board of Directors
The Meadow Bridge Property Ownwers’ Association shall elect a
Board of Directors. The Board shall be comprised of three members
of the Meadow Bridge Property Owners’ Association. The Declarant
or its designated representative shall have the option to be a
member of the Board of Directors so long as he or she owns
property in any phase of Meadow Bridge.
The Board of Directors shall have the power and responsibility of
acting on behalf of the Association and its members as shall be
reasonably necessary to carry out the purposes of the Association,
including but not limited to take such actions as shall be necessary
or reasonable to care for, protect and maintain the parks, open
spaces, common areas and facilities, ponds, watercourses,
easements, and boundary fences; to enforce these Covenants; to
adopt a development review fee schedule; to collect assessments,
reserves and fines; to adopt a fine schedule; to set annual and/or
special meetings; and to act in any other matters set forth herein or
which may serve the development, including the formation of
special improvement districts, either public or private, for such
improvements as the Association shall approve.
The Directors shall act by majority vote.
The Board of Directors shall serve for a term as set by the Bylaws and
which may be modified according to the amendment procedures
set forth in the Bylaws. The staggering of terms shall be
accomplished as set forth in the Bylaws.
Any vacancy on the Board of Directors occurring before the next
annual meeting of the members shall be filled by the remaining
directors nominating a replacement director (who must be from the
same phase as the open position) and the nomination being
ratified by a simple majority vote from the corresponding phase of
the Property Owners’ Association. A vacancy in any office of the
Association (President, Vice President, Secretary, or Treasurer) shall
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be filled by appointment by the Board of Directors until the next
annual meeting or the successor is duly appointed or elected. In
the event that the Board of Directors is unable to replace the
vacancy for a specific phase of Meadow Bridge, the Board, in its
discretion and after a documented attempt to fill the vacancy from
the specific phase, may appoint a person from any phase of
Meadow Bridge Subdivision to fill the vacancy until the term expires.
This filling of the vacancy does not require ratification.
Until 100 percent of the lots in Meadow Bridge have been sold
(meaning closed) or five years have passed since the recording of
these Covenants, whichever is longer, the Declarant shall have the
right to appoint the Board of Directors, who shall not be required to
be lot owners or members of the association. The Declarant may
relinquish this right earlier.
4.4 Meetings
The Association shall hold annual meetings. Meeting times,
locations, formats and voting shall occur as specified in the
Meadow Bridge Property Owners’ Association Bylaws.
4.5 Voting & Membership Interest
Voting and membership interests shall be as specified in the
Meadow Bridge Property Owners’ Association Bylaws.
4.6 Annual & Special Assessments
The purpose of annual, special and reserve assessments levied by
the Association are to promote the recreation, health, safety,
convenience and welfare of the owners, including but not limited
to the improvement, repair, operation, and maintenance of
easements, parks and common areas, community and park street
lights, and for any other purposes, expressed or implied, in these
Covenants.
Assessments shall be made for the repair, replacement, insurance,
general maintenance, creation of reserves, management and
administration of common elements, fees, costs and expenses of
the manager, taxes for common areas if any, and as more
particularly provided in the Unit Ownership Act (Section 70-23-101,
et. seq., MCA), sidewalks, driveways, weed control and any other
matter that falls within the common elements of the condominium.
In addition, the Association shall be responsible for all special
improvement districts (SIDs) applicable to the condominium,
including, but not limited to lighting districts, street maintenance,
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tree maintenance or any other properly created SID. Assessments
shall be based upon and computed by using the percentage of
interest that each Unit Owner has in relation to the common
elements.
Each owner, whether or not it shall be so expressed in any deed or
contract, is deemed to have agreed to these Covenants, and to
pay to the Association:
Upon the sale and conveyance of each lot or home, $350
shall be transferred to the HOA, paid out of closing;
Annual assessments or charges and fines as may be adopted
by the Board of Directors; and
Special assessments for capital improvements, such
assessments to be established and collected as hereinafter
provided.
The annual, special and reserve assessments, together with interest,
costs and reasonable attorney's fees, shall be a charge on the land,
and shall be a continuing lien upon the property against which
each such assessment is made. Each assessment, together with the
interest, costs and reasonable attorney's fees, shall be the personal
obligation of the owner of such property at the time when the
assessments are due. Transfer of the lot does not relieve the owner
of the obligation. Assessments shall begin to accrue upon closing
on the purchase of a lot.
The following subsections address the details of assessments:
(a) The Declarant for each lot owned by it within Meadow Bridge
hereby covenants, and each Owner of any lot by acceptance
of a purchase and sale agreement, deed or lease therefore,
whether or not it shall be so expressed in any such deed, lease
or any other conveyance, shall be deemed to covenant and
agree to pay to the Association the Owner’s proportionate
share of assessments established and collected from time to
time as hereinafter provided.
(b) Each owner or member will be assessed a proportionate share
based on the number of dwelling units built or permitted per lot
as specified below:
Zone Assessment(s)
Single 1 share
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Household Lot
(w/ or w/o
ADU)
Multiple
Household Lot
0. 5 shares per unit
Assessments to Owners will commence immediately after the
transfer of title from the Declarant to the Owner. No assessments
will be levied against vacant lots owned by the Declarant. The
Board shall have the right to determine and refine the specifics
and timing of assessments within the parameters of the
preceding statements.
(c) At least 30 days prior to the commencement of each fiscal
year, the Board shall fix the amount of the assessment for such
fiscal year and shall, at that time, prepare a roster of the lots
and assessments applicable thereto. Written notice of the
assessment shall be sent to every Owner subject thereto.
(d) The assessments levied by the Board on behalf of the
Association shall be used exclusively for the purpose of
financing the Association functions and duties.
(e) If at any time and from time to time during any fiscal year, the
assessment proves inadequate for any reason, including
nonpayment of any Owner's share thereof, the Board may levy
a further assessment in the amount of such actual or estimated
inadequacy which shall be assessed to the Owners in the
manner set forth herein.
(f) In addition to the assessment authorized above, the Association
may levy, in any assessment year, a special assessment
applicable to that year and/or a reserve assessment to build
funds over a term of years for the purpose of defraying, in
whole or in part, the cost of any construction, reconstruction,
repair or replacement of a capital improvement upon the
parks, open space, road surfacing and including fixtures and
personal property related thereto, provided that any such
assessment shall have the assent of two-thirds (2/3) of the votes
of members who vote in person or by proxy at a meeting duly
called for this purpose.
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(g) The Board shall also levy an assessment against any Owner, as a
direct result of whose acts or failure or refusal to act or otherwise
to comply with the Meadow Bridge Covenants for monies
expended by the Association in performing its functions under
Meadow Bridge Covenants and Board Bylaws. Such
assessment shall be in the amount so expended and shall be
due and payable to the Association when levied. Monies so
expended shall include, without limitation, reasonable
engineers', architects', attorneys' and accountants' fees
incurred by the Association.
(h) Each assessment shall be a separate, distinct and personal debt
and obligation of the Owner against who it is assessed, and
each Owner by acceptance of a purchase and sale
agreement, deed or lease, shall be deemed to covenant and
agree to pay the same to the Association. If the Owner does
not pay such assessment or any installment thereof when due,
the Owner shall be deemed in default and the amount of the
assessment not paid, together with the amount of any
subsequent default, plus interest at 12 percent per annum and
costs, including reasonable attorney's fees, shall be and
become a lien upon the lot of such Owner upon recordation by
the Association of a notice of default. The Association
assessment lien may be foreclosed through suit by the
Association in like manner as a mortgage of real property, and
the Association shall have power to bid on the lot at foreclosure
sale and to acquire and hold, lease, mortgage or convey the
lot. A suit to recover a money judgment of unpaid assessments
shall be maintainable without foreclosing or waiving the lien
securing the same. The foregoing remedies shall be in addition
to any other remedies provided by law for the enforcement of
such assessment obligation.
(i) The parks and open space as defined herein and such portions
of Meadow Bridge as may be conveyed or dedicated to and
accepted by a municipality, public utility, State of Montana, the
County of Gallatin shall be exempt from assessments.
(j) When requested by an Owner, the Association shall execute a
certificate stating the indebtedness secured by the Association
lien upon the lot of the Owner, and such certificate shall be
conclusive upon the Association and the Owners in favor of
such persons who rely therein in good faith as to the amount of
such indebtedness as of the date of the certificate. The
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Association shall be entitled to a reasonable fee as a condition
to issuing the certificate.
Article 5: General Restrictions & Notices
5.1 General Use Restrictions
The following general use restrictions shall apply to Meadow Bridge:
(a) No residence(s), fence, wall, parking space, garage, shed,
outbuilding or other structure shall be made, erected,
altered or permitted to remain upon the properties until
written plans and specifications showing the design,
nature, kind, color, dimensions, shape, elevations,
material, use and location have been submitted and
approved, in writing, by the MBDC, as well as appropriate
City of Bozeman review, permitting and fee payment.
(b) Each building or other structure shall be constructed,
erected and maintained in strict accordance with the
plans and specifications approved by the MBDC.
(c) No livestock of any kind shall be raised, bred, or kept on
any land in the subdivision, except that a reasonable
number of cats, dogs or other common household pets
may be kept; provided, however that they are not kept,
bred or maintained for any commercial purpose. Exterior
dog kennels are strongly discouraged. If provided, kennels
must be in an inconspicuous location and screened from
neighbor’s property.
(d) All pets shall be on a leash at all times when off the
owner’s property. All pets must be restrained and
controlled when near ponds, creeks, in open space, in
parks or on the trail system.
(e) No hunting of, shooting at or harassing of birds, animals or
any wildlife will be permitted. Skunks, gophers and rodents
may be trapped; however, poison may not be used.
(f) With ongoing construction and permanent residents
occupying finished projects, it is imperative to keep
construction materials covered and/or tied down, and
debris and trash contained until properly disposed of.
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Violations will be subject to cleanup fees and/or fines of
up to $500 per occurrence.
(g) No building materials, trash, gravel, excess soils, job trailers,
or dumpsters are allowed to obstruct the public rights-of-
way unless necessary permits are obtained from the City
of Bozeman Engineering Office and the required
barricades/safety markers are in place. Violations will be
subject to fines set by the Association and the City of
Bozeman on a per occurrence basis.
(h) No snowmobiles, recreational ATVs, or trail bikes shall be
operated within the Meadow Bridge Subdivision. ATVs
used on an owner’s property for the purpose of snow
removal are acceptable.
(i) Recreational vehicles, power boats, trailers, snowmobiles,
and other rolling equipment other than automobiles and
pick up trucks shall not be stored in open view on any
residential lot, driveway, or road. Parked cars shall not
obstruct pedestrian traffic. Vehicles parked in violation of
these Covenants will be notified by means of a verbal
notice to the vehicle owner or verbal notice to the lot
owner, or by written notice from the MBDC or the Board of
Directors stating that the vehicle is in violation of these
Covenants and requesting immediate removal of the
vehicle. If the violation is not corrected within twenty-four
(24) hours of notification, the MBDC or the Board of
Directors may cause the vehicle to be towed and
impounded at the expense of the vehicle’s owner. The
Meadow Bridge Property Owners’ Association may cause
a vehicle to be towed immediately without notification if
the MBDC or the Board of Directors determines the vehicle
impedes emergency vehicles or, in any way, represents a
threat to health and safety.
(j) The Owners, Declarant and Association are hereby
prohibited and precluded from engaging in any activity
that would affect or impact any downstream water user
facilities and irrigation ditches for downstream water rights.
(k) All properties and existing waterways are subject to City of
Bozeman applicable ordinances pertaining to
watercourse setbacks.
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(l) There is “No Parking” along Blackwood Road. See Final
plat for additional information.
(m) City sewer and water lines, power, natural gas, cable
television, and telephone primary service lines are
provided to each lot. However, each lot owner is
responsible for the costs of connecting to the main utility
lines to his or her improvements from the primary line near
his or her lot, including any additions to the primary line
that may be required by location of the improvements on
the lot. All utility lines shall be underground.
(n) No signs shall be erected on the property or lot thereof,
except to identify the owner of the property. Typical "For
Sale" signs shall be allowed during the sale of a lot.
(o) There are reserved, as shown in the plat and as may
otherwise be reserved, easements for the purposes of
constructing, operating, maintaining, enlarging, reducing,
removing, laying or relaying lines and related facilities and
equipment for utilities, including, but not limited to, those
providing gas, communication and electrical power.
Fencing, hedges and other items allowed by the
Covenants may be placed along and in the easements,
with permission from the City of Bozeman Engineering
Division, as long as the intended use of such easements
are not prevented.
5.2 Notice of Adjacent Agricultural Uses
Property owners and residents of Meadow Bridge are informed that
adjacent uses may be agricultural. Lot and unit owners accept and
are aware that standard agricultural and farming practices can
result in dust, animal odors and noise, smoke, flies, and machinery
noise. Standard agricultural practices feature the use of heavy
equipment, chemical sprays and the use of machinery early in the
morning and sometimes late into the evening. Existing agricultural
fences shall be maintained and protected during construction. All
new fences bordering agricultural lands shall be maintained by the
property owners in accordance with state law.
5.3 Notice of Water Features
(a) Notice: Each owner of property within Meadow Bridge, as
individuals and as members of the Association, acknowledges
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the presence of water features within the subdivision. Each
owner of property within Meadow Bridge, as individuals and as
members of the Association, acknowledges that water could
pose a danger to humans, animal life and property. By this
acknowledgment, each owner of property within Meadow
Bridge, as individuals and as members of the Association
assumes the normal and ordinary consequences of their actions
when in, next to or in the vicinity of water features within
Meadow Bridge.
(b) Hold Harmless: Each owner of property within Meadow Bridge,
as individuals, agrees by acceptance of this covenant to hold
harmless Meadow Bridge, LLC, its officers and directors, and
successors in interest, the Property Owners’ Association,
adjacent property owners, and any applicable Canal Company
and its successors in interest for any water related injury to
persons, property and animals and damage due to acts of God
and nature, including but not limited to a flood from the canal
and other water features resulting from circumstances beyond
the control of the parties listed herein.
(c) Insurance: Each owner of property within Meadow Bridge
acknowledges that it is advisable to seek insurance to protect
the owner’s property in the case of a water event relating to the
water features.
5.4 Weed Control
The control of noxious weeds by the Association on those areas for
which the Association is responsible and the control of noxious
weeds by individual owners on their respective lots shall be as set
forth and specified under the Montana Noxious Weed Control Act
(MCA 7-22-2101 through 7-22-2153) and the rules and regulations of
the Gallatin County Weed Control District.
The landowner shall be responsible for the control of the state and
county declared noxious weeds on his or her own lot. Both
unimproved and improved lots shall be managed for noxious
weeds, In the event a landowner does not control the noxious
weeds, after ten (10) days notice from the Association, the
Association may cause the noxious weeds to be controlled. The
cost and expense associated with such weed management shall
be assessed to the lot and such assessment may become a lien if
not paid within thirty (30) days of the mailing of such assessment.
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The Association or City of Bozeman is responsible for control of state
and county declared noxious weeds in the subdivision parks, open
spaces, community areas, trails, and roadways.
5.5 Garbage
Property owners and residents of the neighborhood are informed
that all garbage must be promptly removed from the property.
There shall be no incineration or burning of garbage, trash or other
waste or debris on, or coming from any lot. No junk, garbage, trash,
equipment, non-working or out-of-use vehicles, parts, metals,
lumber, debris or other waste shall be allowed to accumulate on
any lot or originate from any lot during construction. All garbage
and trash requirements of the City of Bozeman shall be observed.
Garbage containers shall be kept in the garage or other enclosures
except on garbage pick-up day. Each lot owner shall maintain the
alley right-of-way adjacent to the owner’s property. Such
maintenance shall include, but not be limited to, picking up and
appropriately disposing of debris and garbage, mowing and
trimming of the alley right-of-way.
All construction dumpsters must be protected from wind. Owners
with unsecured dumpsters or building materials will be subject to
fines.
In the event an owner shall not control waste on or coming from
their property, the Association, after ten (10) days written notice to
an owner to control the same, may cause the waste to be
controlled or collected, and will assess the lot owner for the costs
thereof and or fined.
Refuse within the parks and open space will be collected by a
service retained by the Association or City of Bozeman.
5.6 Sidewalks
All lot owners are required to install city standard concrete
sidewalks, along all lot street frontages, at the time of construction
(prior to occupancy) or within three years of final plat approval,
whichever occurs first.
Every lot owner shall be responsible for maintenance of the
sidewalk located on, adjacent to and between the owner’s lot and
the nearest right-of-way. Maintenance shall include, but not be
limited to snow and ice removal.
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The Declarant will install sidewalks and required boulevard
improvements along parks, open spaces and roads as required with
the Final Plat.
The Association shall be responsible for maintenance of the
sidewalks and pathways located on and adjacent to parks and
open space. Maintenance shall include, but not be limited to snow
and ice removal.
Article 6: Common Areas
6.1 Use
Each property or unit owner has the right to use and enjoy the
common properties or facilities. No property owner shall have the
right to occupy or possess any of the open space and common
area by reason of owning a lot in Meadow Bridge. No Owner, guest
or invitee may use or occupy the common area, trails, roads, open
space, parking area or any lot in such a manner as to disturb or
interfere with the peaceful use, occupancy or enjoyment of any
other owner, guest or invitee. General use restrictions are listed in
Article 5. In addition to the other restrictions stated herein, no
motorcycles, snowmobiles or similar means of transportation are
permitted in parks or common areas. Motorized vehicles are
allowed exclusively for snow removal.
Violations shall be enforced as provided for in Article 7 of these
Covenants.
The Open Space within Meadow Bridge as designated on a final
plat or approved site plan shall be preserved in perpetuity. Open
space shown on the approved final plan or plat shall not be used
for the construction of any structures not shown or approved in the
final parks plan. The Board, among its other duties, shall establish
assessments for the taxes, insurance, and maintenance of all open
spaces, parks, trails, roads, medians and easements.
6.2 Control and Management
The Association shall have the exclusive right and obligation to
manage, control and maintain the Open Spaces and Common
Areas.
6.3 Maintenance
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Parks and open space (including stormwater facilities) shall be
maintained as specified in the Meadow Bridge Parks Master Plan.
The Association shall be responsible for liability insurance, local taxes
and maintenance of recreation and other facilities in the common
space areas. The assessments levied by the Board for the
maintenance, upkeep, repair and operation of common areas like
all other assessments, become a lien on each lot within Meadow
Bridge. The Board may, in its discretion, adjust the assessments to
meet the changing needs of the community and the areas serving
the community.
The Association shall enter into an annual contract with a certified
landscape nursery person for upkeep and maintenance. The
Association shall also be responsible for the maintenance of all
common properties, paths and trails, facilities, centers, and
adjacent sidewalks and/or landscaping in street boulevards.
The Declarant will be responsible for maintaining pathways and
open space until 50 percent of the lots are sold. At such time, the
Association will take over maintenance.
6.4 Maintenance Guarantee
In the event the organization or any successor organization
established to own and maintain commonly owned open spaces,
recreational areas, facilities, private streets, and parking lots
common areas and facilities, shall at any time fail to maintain the
common areas or facilities in reasonable order and condition in
accordance with the approved plan, the City Commission may
cause written notice to be served upon such organization or upon
the owners of property in the development. The written notice shall
set forth the manner in which the common areas or facilities have
failed to be maintained in reasonable condition. In addition, the
notice shall include the demand that the deficiencies noted be
cured within thirty days thereafter and shall state the date and
place of a hearing to be held within fourteen days of the notice. At
the time of hearing, the City Commission may modify the terms of
the original notice as to deficiencies and may extend the time
within which the same may be cured. If the deficiencies set forth in
the original notice or modifications are not cured within the time
set, the City may enter upon such common facilities and maintain
the same for a period of one year, in order to preserve the taxable
values of properties within the development and to prevent the
common facilities from becoming a public nuisance. Such entry
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and maintenance shall not vest in the public any right to use the
common facilities not dedicated to public use. Before the one year
period expires, the Commission shall, upon its own initiative or upon
written request of the organization theretofore responsible for
maintenance, call a public hearing and give notice of such hearing
to the organization responsible for maintenance or the property
owners of the development. At the hearing, the organization
responsible for maintenance and/or the residents of the
development may show cause why maintenance by the City
should not be continued for a succeeding year. If the City
Commission determines that it is not necessary for the City to
continue such maintenance, the City shall cease such
maintenance at the time established by the City Commission.
Otherwise the City shall continue maintenance for the next
succeeding year subject to a similar hearing and determination at
the end of each year thereafter.
(a) The cost of maintenance by the City shall be a lien against the
common facilities of the development and the private
properties within the development. The City Commission shall
have the right to make assessments against properties in the
development on the same basis that the organization
responsible for maintenance of the facilities could make such
assessments. Any unpaid assessment shall be a lien against the
property responsible for the same, enforceable the same as a
mortgage against such property. The City may further foreclose
its lien on the common facility by certifying the same to the
County Treasurer for collection as in the case of collection of
general property taxes.
(b) Should the property owners’ association request that the City
assume permanent responsibility for maintenance of facilities, all
facilities shall be brought to City standards prior to the City
assuming responsibility. The assumption of responsibility must be
by action of the City Commission and all costs to bring facilities
to City standards shall be the responsibility of the property
owners’ association. The City may create special financing
mechanisms so that those properties within the area affected by
the property owners’ association continue to bear the costs of
maintenance.
(c) These common areas and facilities shall include but are not
limited to commonly owned open spaces, recreational areas,
facilities, private streets and parking lots. These common areas
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and facilities shall also include but are not limited to public
parks, squares, open space, recreation areas, trails, as well as
any public streets, avenues and alleys not accepted by the City
for maintenance.
(d) The City shall assume permanent responsibility for maintenance
of public areas and facilities when a dedicated funding
mechanism is adopted.
Article 7: Disputes, Enforcement, & Fines
7.1 Enforcement
Each Owner grants to Declarant and reserves to Declarant and the
Association, a lien upon the lot of the Owner to secure the faithful
performance by the Owner of the requirements and restrictions
contained in these Covenants and in the Design Regulations and
Bylaws. If any Owner shall fail to comply with these Covenants, the
Design Regulations, or the Bylaws within ten (10) days after
Declarant or the Association shall have deposited in the United
States postal system a notice to the Owner of the failure to comply,
Declarant or the Association shall have the right to cause the
necessary work to be done and to have a lien upon the land of the
non-complying Owner for the reasonable cost of such work plus an
additional amount equal to ten (10) percent of the cost of such
work.
If within thirty (30) days the non-complying Owner does not pay to
Declarant or the Association the sum secured by the lien, then
Declarant or the Association may foreclose the lien in compliance
with the foreclosure laws of the State of Montana for the aggregate
of (I) the reasonable cost of such work (II) a sum equal to ten (10)
percent of such work, and (III) all cost incurred by Declarant in
foreclosing the lien, including a reasonable attorney’s fee.
Declarant or the Association is in no way precluded from seeking
any remedy available to Declarant or the Association pursuant to
the laws of Montana, including but not limited to immediate,
temporary and permanent injunctive relief.
Enforcement of these Covenants by the Declarant, MBDC, Board of
Directors, Owner or any party having standing, shall include for the
party seeking enforcement and prevailing in such enforcement, an
award of costs, fees and reasonable attorney’s fees.
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Should any lawsuit or other legal proceeding be instituted by the
Association or an owner against an owner alleged to have violated
one or more of the provisions of these Covenants and should the
Association or owner enforcing the provisions of the Covenants be
wholly or partially successful in such proceedings, the offending
owner shall be obligated to pay the costs of such proceeding,
including reasonable attorney’s fees for all time associated with the
action.
The failure of Declarant, the Association or an owner, to enforce
any Covenant or restriction contained herein shall not be deemed
a waiver or in any way prejudice the rights to later enforce that
Covenant, or any other Covenant thereafter, or to collect
damages for any subsequent breach of Covenants.
The waiver or approval of a variance of a Covenant provision by
the Board of Directors or the Meadow Bridge Design Committee, or
non-action of the Association or Declarant in the event of a
violation of a Covenant by a particular owner or lot, shall not be
deemed to delete or waive the Covenant or enforcement thereof
as it pertains to other owners or lots.
Invalidation of any one of these Covenants, Design Regulations, or
Bylaws by judgment or by Court order shall in no way affect any of
the other provisions, all of which shall remain in full force and effect.
In any conveyance of the above described real property or of any
lot thereon, it shall be sufficient to insert a provision in any deed or
conveyance to the effect that the property is subject to protective
or restrictive Covenants without setting forth such restrictions and
Covenants verbatim or in substance in said deed nor referring to
the recording data. All of the above described real property and
lots shall be subject to the restrictions and Covenants set forth
herein, whether or not there is a specific reference to the same in a
deed or conveyance.
A breach of any of the foregoing restrictions or Covenants shall not
defeat or render invalid the lien of any mortgage or deed of trust
made in good faith and for value upon any lot or portion of the real
property or any improvements thereon. However, the Covenants
shall be binding upon and shall inure to the benefit of any
subsequent owner whose title thereto was acquired by foreclosure,
trustee sale or otherwise.
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7.2 Fine Schedule
For any Violation of the terms, conditions, restrictions and
protections contained within the Covenants, and upon written
complaint signed by the author.
Upon receipt of complaint and the finding of violation, the
Association has the authority to assess fines. The Association shall
notify the Owner upon receipt of a complaint of violation and allow
a reasonable time for response by the Owner. The Association’s
agent may determine if a violation occurred. Upon determination
of a violation, the Association shall notify the Owner of the violation,
the fine and the date of payment for the fine and the ability of the
Association to file a lien against the Owner’s property without further
notice.
Failure to pay the fine when due shall subject the Owner to interest
on the unpaid portion of the fine at a rate of not less than ten (10)
percent per annum. Said rate may be amended without an
amendment of this Declaration.
In addition to the fine schedule set forth above, the Homeowner’s
Association may assess fines of up to $50,000.00 (note that this is in
addition to the terms outlined for unfinished structures) against any
Owner who constructs, remodels or modifies a structure without
written approval from the MBDC.
7.3 Dispute Resolution
If a dispute still exists after all proper procedures outlined in this
document and in the Design Regulations have been exhausted,
mediation should be the next step in dispute resolution before any
lawsuits are filed.
Article 8: Term
All the limitations, conditions, and restrictions contained in these
Covenants of Meadow Bridge shall run with the land and shall be binding
on all parties and persons claiming under them for a 10 year period
beginning at the date of filing of this document, at which time the same
shall be automatically extended for successive periods of 10 years, unless
the record Owners of lots then within Meadow Bridge having not less than
three-fourths (3/4) of the total votes record an instrument terminating the
Meadow Bridge Covenants within one (1) year prior to the
commencement of any such period. Any such termination shall take
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effect upon expiration of the period during which it is given. Prior to the
expiration of these Covenants, the Association may vote, pursuant to the
provisions allowing amendment hereto, to extend these Covenants.
Article 9: Amendments
Any covenant which is required as a condition of the preliminary plat
approval and required by the City Commission may not be amended or
revoked without the mutual consent of the owners in accordance with
the amendment procedures in the Covenants, and the City Commission.
The Meadow Bridge Covenants, may, at any time, be amended or
replaced upon the happening of all the following events:
A. The vote of Owners having not less than two-thirds (2/3) of the total
votes within Meadow Bridge at a meeting of the Association duly
held. The notice of the meeting shall state that the purpose of the
meeting is to consider the amendment or repeal of the Meadow
Bridge Covenants, giving the substance of any proposed
amendments or indicating the provisions to be repealed, as the
case may be; and
B. The recordation of a certificate of the Secretary of the Association
setting forth in full the amendment or amendments to the Meadow
Bridge Covenants so approved, including any portion or portions
thereof repealed, and certifying that said amendment or
amendments have been approved by vote of the Owners pursuant
these Covenants.
C. The President or Vice-President shall execute and record the
amendment, change or addition with the Clerk and Recorder of
Gallatin County, Montana.
Any change of these Covenants shall be effective upon the filing and
recording of such an instrument in the office of the Gallatin County Clerk
and Recorder. No improvements that were constructed and approved in
accordance with the Covenants shall be required to be changed
because such standards are thereafter amended. All lots within all phases
of Meadow Bridge shall be required to adhere to these Covenants.
Article 10: Definitions
The words and terms used in this document shall be defined as in the
latest edition of the City of Bozeman Unified Development Ordinance
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unless defined below. If not defined below or in the Unified Development
Ordinance, words and terms shall have their customary dictionary
definitions.
Architect shall mean a person registered to practice architecture in
the State of Montana.
Association shall mean the Meadow Bridge Property Owners’
Association, and its successors and assigns which shall serve and
may be referred to as the Homeowners’ Association. The
Association may be incorporated as a Montana nonprofit
corporation, with its members as the lot owners.
Board shall mean the Board of Directors of the Association. (Also
see “Directors” definition below.)
Bylaws shall mean the bylaws of the Association.
Meadow Bridge Design Committee, also referred to as MBDC, shall
consist of the Design Liaison (from the Board of Directors), an at-
large member of the Association appointed by the Board of
Directors and an architect or urban planner. The MBDC has the
right to exercise control over all construction in the Meadow Bridge
Subdivision. The architect/urban planner member of the committee
shall conduct all design reviews (Form A, Form B & Form C) and
inspections (Form D) with consultation, as desired or necessary, from
the other members of the MBDC.
Meadow Bridge shall include all land described in Exhibit “A.” The
Declarant may annex additional property and phases to Meadow
Bridge as specified in this document.
Contract purchaser shall mean a person buying a lot pursuant to a
contract for deed, Montana Trust Indenture or mortgage.
Declarant shall mean MEADOW BRIDGE, LLC or such other person
entity or corporation who MEADOW BRIDGE, LLC may be, by a
recorded document, designated as the Declarant.
Development shall mean any building, construction, renovation,
fence, wall, parking space, garage, shed, outbuilding or material
change in the use or appearance of structures or land.
Development includes significant landscape changes.
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Directors shall mean the Board of Directors of the Association,
comprised of three members of the Meadow Bridge Property
Owners’ Association. The Declarant shall have the option to be a
member of the Board of Directors so long as he or she owns
property in any phase of Meadow Bridge. Directors shall be elected
at the annual meeting by a simple majority of the members of the
Association. Power and Duties of the Board of Directors.
Lot shall mean and refer to only that land so divided into a lot, tract
or parcel that is (a) described in Exhibit “A” and (b) designated by
the Declarant for residential use. The term lot does not include any
portion of the Parks or open space.
Member shall mean any owner or lot owner. Each member or
owner agrees to abide and be bound by these Covenants, the
Articles of Incorporation, Design Regulations, Bylaws and the
Resolutions of the Property Owners’ Association, if any.
Open space means those areas set aside for the use of all of the
owners and the public, including roads, trails, easements, parks,
open spaces, and medians. The terms “open space” and
“common area” or “common open space” are used
interchangeably.
Owner also referred to as lot owner, member and homeowner, shall
mean and refer to the record owner, whether one or more persons
or entities, of a fee simple title to or leasehold interest in any land
which is a part of Meadow Bridge, including contract purchasers,
but excluding those having such interest merely as security of the
performance of an obligation.
Parks shall mean all land and interest therein which has or may be
conveyed to the Association or City of Bozeman, including but not
limited to all lands identified as common open space, trails, public
park, park, private open space, and detention / retention ponds as
delineated on the final plat. The word park when used herein in the
singular form may be referring a portion of the total parks
delineated on the final plats of Meadow Bridge Subdivision. Any
portion of the designated parks not specifically designated as
common open space may be transferred to an appropriate
organization subject to the restriction governing the maintenance
and improvements of parks contained herein. Common open
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space, including the detention / retention ponds, shall remain in the
ownership and control of the Association. Parks shall be maintained
and improved consistent with the provisions of these Covenants
governing maintenance of parks and improvements of parks. All
Parks are hereby declared to be dedicated to be public use and
available for the use and enjoyment of the public.
Properties and "lots" shall mean all of the real property herein
described and subsequently surveyed and platted into lots as
Meadow Bridge or a phase thereof, according to the official plats
thereof filed of record in the office of the Clerk and Recorder of
Gallatin County, Montana.
UDC shall mean the current City of Bozeman Unified Development
Code or other current land use regulations as adopted by the City
of Bozeman.
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IN WITNESS WHEREOF, Declarant has hereunto set its hand as of this
______ day of _________________, 2025.
DECLARANT:
_________________________________
Meadow Bridge, LLC
Title: ____________________________
STATE OF _____________ )
:ss
County of ____________ )
On this ______day of ________________, 2025, before me, a Notary
Public of the State of ____________, personally appeared
_____________________ known to me to be the person described in and
who executed the foregoing instrument as
_____________________________________ of Meadow Bridge, LLC whose
name is subscribed to the within instrument and acknowledged to me
he/she executed the same for and on behalf of Meadow Bridge, LLC.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my
seal on the day and year first written above.
________________________________________
Printed Name: ___________________________
NOTARY PUBLIC for the State of: __________
Residing at: ______________________________
Commission expires _________ (use 4 digits)
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Exhibit A: Legal Description of Subdivision
Property described in the Gallatin County Treasurer’s Office Under Tax
Sale Certificate No. 783A and Tax Code Parcel No. RGG9205 as follows:
Certificate of Survey No. 2286, located in Section 23, Township 2 South,
Range 5 East, P.M.M., Gallatin County, State of Montana,
EXCEPTING THEREFROM:
Meadow Creek Subdivision Phase I, situated in portions of the
SW1/4NE1/4, SE1/4SW1/4 and W1/2SE1/4 of Section 23, Township 2 South,
Range 5 East, P.M.M., City of Bozeman, Gallatin County, Montana,
according to the official plat thereof on file and of record in the office of
the County Clerk and Recorder of Gallatin County, Montana. (Plat
Reference J-453).
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Exhibit B: Greenplan