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Preliminary Plat
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Condominium Documents
Draft condominium documents for the planned residential development on the northern portion
of the subdivision are included in this section.
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Articles of Incorporation of Hidden Creek Condominiums
Association, Inc. Page 1 of 4
ARTICLES OF INCORPORATION
OF
HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC.
The undersigned, acting as the incorporator of a corporation, pursuant to the Montana Nonprofit
Corporation Act, hereby adopts the following Articles of Incorporation:
ARTICLE I
The name of this corporation is HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC.
ARTICLE II
The corporation is a mutual benefit corporation, as defined by Montana Code Annotated §
35-2-126.
ARTICLE III
The purposes for which the corporation is organized are:
1. To exercise all of the powers and privileges and to perform all of the duties and obligations
of the condominium association which are set forth in the Hidden Creek Condominiums
Associations, Inc. Declaration relating to Hidden Creek Condominiums, a residential development
located in Gallatin County, Montana, as that Declaration may be amended and supplemented from
time to time in accordance with the terms thereof, which Declaration (referred to in these Articles
as the “Declaration”) has been or will be recorded in the office of the Clerk and Recorder of
Gallatin County, Montana. These powers, privileges, duties and obligations include, but are not
limited to, the following:
(a) To promote the convenience, enjoyment, health, safety, and welfare of the owners
of the units which are subject to the Declaration (referred to in these Articles as the
“Units”);
(b) To own, maintain, preserve, and improve the common areas and facilities in the
Hidden Creek Condominium to the extent described in the Declaration, and to
provide the Unit owners of this corporation with such services, improvements, and
facilities as they may approve;
(c) To enforce the restrictions, regulations, and requirements set forth in the
Declaration, and to exercise architectural control over improvements on the Units
to the extent described in the Declaration;
(d) To fix and levy assessments on the Units, and to collect such assessments, in order
to obtain funds with which to carry out the duties and obligations of the corporation;
and
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Articles of Incorporation of Hidden Creek Condominiums
Association, Inc. Page 2 of 4
(e) To exercise all other rights and powers which the corporation now has or may
hereafter acquire under the corporation laws of the State of Montana.
ARTICLE IV
The corporation shall have members. Every person or entity which is the record owner of a fee
interest in a Unit as depicted in the site plan attached to the Declarations shall be member. The
term “Member” shall include the buyer under a contract for deed, but shall exclude the seller under
a contract for deed and other persons having an interest in a Unit merely as security for the
performance of an obligation. Membership shall be appurtenant to and may not be separated from
the ownership of a Unit, and the ownership of a Unit shall be the sole qualification for Membership.
ARTICLE V
To the fullest extent permitted by law, the directors of the corporation shall not be liable to the
corporation or its Members for monetary damages for breach of their duties to the corporation or
its Members, except for (a) a breach of a director’s duty of loyalty, or fiduciary duty to the
corporation or its Members; (b) acts or omissions that were not in good faith or that involved
intentional misconduct or a knowing violation of law; (c) acts by a director constituting fraud; (d)
transactions from which a director derived an improper personal or economic benefit; (e)
transactions involving a conflict of interest, as defined in Montana Code Annotated § 35-2-418;
(f) transactions involving a loan or loan guarantee made to or for the benefit of a director by the
corporation in violation of Montana Code Annotated § 35-2-435; or (g) a director’s personal
liability for an unlawful distribution under Montana Code Annotated § 35-2-436.
ARTICLE VI
The corporation shall indemnify each director to the full extent permitted by the Montana
corporation statutes against all costs and expenses reasonably incurred or imposed upon the
director in connection with or rising out of any action, suit, or proceeding in which the director is
made a party by reason of having been a director or officer of the corporation excluding fraud,
willful misconduct, breach of loyalty and fiduciary duty, and the other bad acts enumerated in
Article V of these Articles.
ARTICLE VII
The period of duration of the corporation is perpetual.
ARTICLE VIII
The corporation may be dissolved or merged with another condominium owner’s association if
the owner or owners, as the case may be, of two-thirds or more of the Units depicted in the site
plan attached to the Declaration execute a consent to the dissolution or merger. If the corporation
is dissolved or merged, all of its assets shall be distributed as set forth in the Declaration.
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Articles of Incorporation of Hidden Creek Condominiums
Association, Inc. Page 3 of 4
ARTICLE IX
The street address of the corporation’s initial registered office is:
511 Dearborn, Missoula, Montana 59801
The name of the initial registered agent at that address is:
United Housing Partners LLC
ARTICLE X
The number of directors constituting the initial board of directors of this corporation is three (3).
The duties, qualifications, number and term of the directors and the manner of their election,
appointment or removal shall be as set forth in the Bylaws and the Declaration, and the names and
addresses of the persons who are to serve as directors until the first annual meeting of the Members
and until their successors are elected and have qualified are:
Heather Grenier 32 S. Tracy Ave., Bozeman, Montana 59715
Tyson O’Connell 511 Dearborn, Missoula, Montana 59801
Seth O’Connell 601 Euclid Ave Suite C, Helena, Montana 59601
ARTICLE XI
The initial directors whose names and addresses are set forth above are also the incorporators of
this corporation.
ARTICLE XII
The corporation may amend these Articles in accordance with the Montana Nonprofit Corporation
Act so long as the amendment is not contrary to or inconsistent with the Act or any provision of
the Declaration.
IN WITNESS WHEREOF, these Articles of Incorporation have been executed by the directors
and incorporators on the ______ day of ________, 2025.
[Signatures on following pages]
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Articles of Incorporation of Hidden Creek Condominiums
Association, Inc. Page 4 of 4
DIRECTORS AND INCORPORATORS:
Heather Grenier
Tyson O’Connell
Seth O’Connell
30874452v1
ASSIGNMENT OF DECLARANT’S INTEREST
OF
HIDDEN CONDOMINIUMS
October ___, 2025 (the “Effective Date”).
In consideration of the foregoing premises and other good and valuable consideration, the
receipt and adequacy of which are hereby acknowledged, Human Resource Development Council
of District IX, Inc., a Montana nonprofit corporation (the “Assignor”) agrees as follows:
1. Assignment. Assignor hereby assigns, transfers, contributes, conveys and delivers
unto United Housing Partners LLC, a Montana limited liability company (the “Assignee”) all of
Assignor’s right, title and interest as Declarant under the Hidden Creek Condominiums
Association, Inc, Declaration dated ____________, 2025 and recorded with the Gallatin County,
Montana Clerk and Recorders Office as Document No. ___ (the “Interests”). The records of
Hidden Creek Condominiums Association, Inc, shall be updated to reflect the change in Declarant
as of the Effective Date.
2. Representations and Warranties. Assignor represents and warrants that the Interests
are free and clear of all liens, pledges, security interests, options and adverse claims to title of any
kind or character. Assignor represents and warrants that the execution and delivery of this
assignment will not violate or constitute a default under the terms or provisions of any agreement,
document or instrument to which it is bound.
ASSIGNOR:
Human Resource Development Council of District IX, Inc.
By:
Name:_______________________
Its:__________________________
2
ACCEPTANCE OF ASSIGNMENT
United Housing Partners LLC hereby accepts the Assignment of the Interests.
UNITED HOUSING PARTNERS, LLC:
By:
Name: Tyson O’Connell
Title: Sole Member
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 1
BYLAWS
OF
HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC.
ARTICLE I.
Identification
Section 1.1 Name. The name of the corporation is Hidden Creek Condominiums Association,
Inc.
Section 1.2 Location. The principal office of Hidden Creek Condominiums Association, Inc.,
is located at 511 Dearborn, Missoula, Montana 59801. The corporation may have such other
offices as the Board of Directors and officers may establish from time to time.
Section 1.3 Seal. The seal of the corporation shall consist of the name of the corporation, the
state of its incorporation, and the year of its incorporation.
Section 1.4 Fiscal Year. The fiscal year of the corporation shall be the calendar year.
Section 1.5 Definitions. All capitalized terms used herein shall have the meaning set forth in the
Declaration. “Declaration” shall mean the Hidden Creek Condominiums Association, Inc.
Declaration, as it may be amended, relating to certain real property situated in the County of
Gallatin, State of Montana, being more particularly described as follows (the “Property”):
[Insert Legal Description]
ARTICLE II.
Purposes
The purposes for which the Association has been organized, as set forth in the Articles of
Incorporation, are to exercise all of the powers and privileges and to perform all of the duties and
obligations of the Association which are set forth in the Declaration and in the Articles of
Incorporation.
ARTICLE III.
Members
Section 3.1 Eligibility. Every person, including the Declarant, who is the Owner of a Unit shall
be a Member of the Association. Membership shall be appurtenant to and may not be separated
from ownership of a Unit, and ownership of a Unit shall be the sole qualification for membership.
The Association shall not be considered a Member either for voting or assessment purposes if it
acquires an interest in a Unit.
Section 3.2 Classification of Members. The Members may establish as many classes of
membership as they consider desirable, and may establish annual dues or assessments for each
class of membership. Initially, there shall be one (1) class of Members, as follows:
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 2
Hidden Creek 4% Unit Owner: Hidden Creek 4% Unit Owner shall consist of the Owner
of Unit 1, and the Buildings located on, or within Unit 1 .
Hidden Creek 9% Unit Owner: Hidden Creek 9% Unit Owner shall consist of the
Owner of Unit 2, and the Buildings located on, or within Unit 2.
The Hidden Creek 4% Unit Owner shall have sole responsibility with respect to the maintenance
and use of Unit 1, and the Buildings located on, or within Unit 1.
The Hidden Creek 9% Unit Owner shall have sole responsibility with respect to the maintenance
and use of Unit 2, and the Buildings located on, or within Unit 2.
Section 3.3 Meetings. Meetings of the Members may be called at any time by the Board of
Directors. The first meeting of the Members shall be held within eighteen months after the
formation of the Association, and at least one meeting of the Members shall be called in each
calendar year thereafter. Further, the Unit Committee of each Unit shall, at least annually, meet
to determine any issues, or set any fees or assessments with respect to each Unit and the Buildings
therein.
Section 3.4 Voting Rights of Members. The Members of the Association shall be entitled to
cast one (1) vote for each Unit of which they are the Owner. When two (2) or more Persons own
joint or common interests in any Unit, then such persons shall determine between themselves how
the vote for that Unit shall be exercised, but in no event may more than one (1) vote be cast per
Unit. If two (2) or more Persons each claim the right to cast the vote for a Unit, and votes are
different, then the Association may elect to refuse to recognize either vote.
Section 3.5 Voting. An action will be approved by the Association if all of the votes cast by each
class of Members of the Unit Owners present at a meeting, either in person or by proxy, are in
favor of the action. The election of directors must be by ballot. Voting upon any other issue may
be oral unless the officer presiding over the meeting shall order, or any Member shall demand, that
the voting be conducted by ballot.
Section 3.6 Proxies. A Member may vote either in person or by a proxy appointed by a written
instrument signed by the Member. A document appointing a proxy will not be effective until it is
delivered to an officer of the Association. A document appointing a proxy may not have a term
greater than three (3) years, and will terminate after eleven (11) months unless the document
specifies a greater or lesser term. A Member may revoke the appointment of a proxy at any time
either by attending and voting at any meeting, by executing a written instrument revoking the
appointment and delivering it to an officer of the Association, or by executing a written instrument
appointing a new proxy and delivering it to an officer of the Association. A proxy will
automatically terminate upon the transfer of the Unit to which it relates.
Section 3.7 Membership Lists. The Association shall maintain a membership list containing the
names and addresses of the Owner or Owners of each Unit, arranged in alphabetical order. The
Association shall also maintain a second membership list arranged by Unit number. The
membership lists shall state the name and address of any proxy appointed to vote for any Owner,
and the term of the appointment. Any Member will have the right to inspect and copy these
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 3
membership lists at any time during usual business hours. The lists will be brought to each meeting
of the Members and will be available for inspection by any Member in case any questions arise
concerning the presence of a quorum, the Persons who are entitled to vote, and other such issues.
Each Member shall be responsible for advising the Association of any change of mailing address
and any transfer or purchase of a Unit.
Section 3.8 Annual Meeting. The annual meeting of the Members shall be held on the 25th day
of June of each year, unless the Board of Directors sets a different date for a particular annual
meeting. The purpose of the annual meeting shall be to hear reports on the activities and financial
condition of the Association, to elect directors, and to transact any other business which may come
before the meeting.
Section 3.9 Special Meetings. Special meetings of the Members may be called by the Board of
Directors or the President. It shall be the duty of the Board of Directors and the President to call
a special meeting with respect to a Unit when requested to do so in writing by the owners of not
less than twenty percent (20%) of the Units comprising the Association. Notwithstanding Section
3.3 of these Bylaws, the Board of Directors shall permit the Members to vote on any particular
matter presented at a Special Meeting of the Members called pursuant to this Section 3.10.
Section 3.10 Purposes of Meetings. The notice of an annual meeting need not include a
description of the purposes of the meeting. The notice of a special meeting must include a
description of the purpose or purposes of the meeting, and only such business shall be conducted
at a special meeting as is specified in the notice of the meeting, unless all of the Members, either
in person or by proxy, unanimously consent to conduct other business at the meeting. However, a
Member must object to the discussion of a subject at a special meeting as soon as the subject is
presented or raised, or the right to object will be waived.
Section 3.11 Place of Meetings. Meetings of the Members will be held at the Property or such
other locations as determined by the Board of Directors.
Section 3.12 Notice of Meetings. A notice stating the place, day, hour and purpose of each
meeting of the Members shall be mailed to each member not less than ten (10) days nor more than
fifty (50) days before the date of the meeting. The notice may be placed in any newsletter or other
publication sent to all Members of the Association.
Section 3.13 Quorum. If the Board of Directors submits an issue to the Members for a vote, or
authorizes the Members to vote in an election, all of the Members will be required to constitute a
quorum.
ARTICLE IV.
Board of Directors
Section 4.1 Powers and Duties. The business, affairs and property of the Association shall be
generally managed and supervised by a Board of Directors. The duties of the directors shall
include, but not be limited to, the following:
(a) To arrange for the maintenance and repair of the General Common Areas and
facilities owned by the Association;
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 4
(b) To enforce the restrictions contained in the Declaration;
(c) To provide for all improvements, facilities, and services in the General Common
Areas as may be in the best interest of the Members;
(d) To adopt and publish rules and regulations governing the use of the General
Common Areas and facilities, and to establish penalties for violation of these rules
and regulations;
(e) To employ all employees, contractors, architects, attorneys, and other persons
required to achieve the objective and carry out the duties of the Association;
(f) To obtain funds for achieving the objectives and carrying out the duties of the
Association by levying assessments on the Members and their Units in the manner
provided for in Article VIII;
(g) To obtain adequate liability and casualty insurance on the General Common Areas
and other property and facilities owned by the Association;
(h) To deposit and invest the funds of the Association in a safe and prudent manner;
and
(i) To maintain a complete record of the corporate and financial affairs of the
Association.
Section 4.2 Number of Directors. The Board of Directors shall be composed of three (3)
Directors. The Board of Directors shall not increase or decrease the number of directors.
However, the Members can vote to increase or decrease the number of directors.
Section 4.3 Qualifications of Directors. Directors need not be Members of the Association.
Directors do not need to be residents of the State of Montana but they do need to be citizens of the
United States of America. A director may be employed by or provide services to the Association
or may be employed by or provide services to an Owner.
Section 4.4 Election of Directors. At each annual meeting of the Board of Directors, the
Members shall accept nominations for new directors to replace the directors whose terms are
expiring. After nominations have been received, each Member shall vote for as many of the
nominees as there are positions to be filled, and the nominees who receive the most votes shall be
elected as members of the Board of Directors.
Section 4.5 Term of Office. The initial Board of Directors named in the Articles of Incorporation
of the Association shall hold their offices until the end of the second annual meeting of the Board
of Directors, during which meeting their successors shall be elected. Thereafter each director shall
hold office until the next annual meeting of the Members, or until his or her successor is elected.
Section 4.6 Maximum Terms of Office. There is no limit to the number of terms than an
individual may serve as an elected director.
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 5
Section 4.7 Resignation. A director may resign at any time by giving written notice of his or her
resignation to the Board of Directors.
Section 4.8 Leave of Absence. Any director may be granted a leave of absence from the Board
of Directors so long as the leave is approved by a majority of the other directors. A leave of
absence will not extend the term of office of a director.
Section 4.9 Removal. A director may be removed from office by the affirmative vote of
two-thirds of the directors for malfeasance, misfeasance, nonfeasance, lack of sympathy with the
purposes of the Association, or refusal to render reasonable assistance in carrying out the purposes
of the Association. No such vote may be held at a meeting unless the directors who request the
vote mailed a written notice to every member of the Board of Directors at least ten (10) days before
the meeting, advising all directors that they intend to request such a vote, and stating the name of
the director that they propose to remove and the grounds for the proposed removal. A director
may be removed without cause by the affirmative vote of two-thirds of the Members at a special
meeting called for that purpose.
Section 4.10 Vacancies. A vacancy in the Board of Directors created by the resignation, removal,
or death of a director shall be filled by the majority vote of the remaining directors. Each person
elected to fill a vacancy shall hold office for the unexpired term of the director that they are
replacing, at the end of which term they may be nominated for reelection.
ARTICLE V.
Meetings of Directors
Section 5.1 Place of Meetings. Meetings of the Board of Directors, whether annual, regular, or
special, may be held at any place designated by the Board of Directors, or in the case of a special
meeting, at any place designated in the notice of the meeting, either inside or outside the State of
Montana.
Section 5.2 Annual Meetings. An annual meeting of the Board of Directors shall be held on the
1st business day of each year, or on such other date as the Board of Directors may designate, for
the purpose of electing officers of the Association and acting upon such other business as may
come before the meeting.
Section 5.3 Regular Meetings. The Board of Directors may, by resolution, establish a time and
place for holding regularly scheduled meetings of the Board of Directors. No notice of any kind
need be given to the directors of any such regularly scheduled meetings.
Section 5.4 Special Meetings. Special meetings of the Board of Directors may be called by the
President of the Association or by a majority of the Members of the Board of Directors then in
office, by sending notices to all of the directors in the manner required by this article of the
By-laws.
Section 5.5 Notices of Meetings. Each of the directors must be notified of the place, date, and
time of each annual meeting of the Board of Directors by sending written notice of the meeting to
him or her by mail at least twenty (20) days before the meeting. Each of the directors must be
notified of the place, date, and time of each special meeting of the Board of Directors by ending
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 6
written notice of the meeting to him or her by mail or express delivery service at least seven days
before the meeting, or by actually delivering written or oral notice of the meeting to him or her in
person, by telephone, by fax, or by other means of instantaneous electronic transmission at least
five (5) days before the meeting. Notice of any meeting of the Board of Directors may be waived
in writing signed by the person or persons entitled to the notice, whether before or after the time
of the meeting. Attendance at a meeting by a director shall be a waiver by that director of notice
of the time and place of the meeting, unless at the beginning of the meeting the director states any
objection to the notice of the meeting or the transaction of business during the meeting. Neither
the business to be transacted nor the purpose of any special meeting of the Board of Directors need
be specified in the notice or waiver of notice of the meeting, unless specifically required by another
provision of these By-laws.
Section 5.6 Addresses for Notices. Each director shall advise the Association from time to time
of the address, fax number, or telephone number to which notices of meetings shall be sent, and
notices shall be effective if sent to that director at that address, fax number, or telephone number.
Section 5.7 Quorum. A majority of the directors shall constitute a quorum for the transaction of
business at any meeting of the Board of Directors. No business may be conducted at a meeting
until a quorum is present. The directors present at a duly called meeting may continue to conduct
business until adjournment, notwithstanding the withdrawal of enough shareholders to leave less
than a quorum.
Section 5.8 Voting. At every meeting of the Board of Directors, each director shall be entitled to
one vote. A director may vote either in person or by a proxy appointed by a written instrument
executed by that director, dated not more than sixty (60) days prior to the meeting. Upon the
demand of any director, the vote upon any question before the Board of Directors shall be by ballot.
An action or resolution approved by a majority of the directors present at a meeting at which a
quorum is present shall be an action of the Board of Directors, unless these By-laws require
approval by a greater percentage of the directors.
Section 5.9 Acting without Assembling. Any action which may be taken at a meeting of the
Board of Directors may be taken by the directors by communicating simultaneously with each
other by means of conference or similar communications equipment.
Section 5.10 Action without a Meeting. Any action required to be taken at a meeting of the
Board of Directors may be taken without a meeting if a consent in writing setting forth the action
so taken is signed by all of the directors then in office. Any such written consent may be executed
in any number of counterparts, will have the same effect as a unanimous vote of the directors, and
shall be inserted in the minute book as if it were the minutes of a directors’ meeting.
ARTICLE VI.
Officers
Section 6.1 Officers of the Corporation. The officers of the Association shall be a President, a
Secretary, and a Treasurer, each of whom shall be elected by the Board of Directors. In addition
to the above officers, the Board of Directors may elect or appoint such other officers, assistant
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 7
officers and agents as it deems necessary at such times, in such manner and upon such terms as it
shall prescribe.
Section 6.2 Qualifications for Office. The President, Secretary, and Treasurer shall be Members
of the Board of Directors, but other officers or employees elected or appointed by the Board of
Directors need not be Members of the Board of Directors. With the exception of the Members of
the initial Board of Directors, no director may be elected to an office until he or she has served for
at least one (1) year as a director. The individual holding the office of Secretary shall not also hold
the office of either President.
Section 6.3 Election of Officers. The President, Secretary, and Treasurer shall be elected by the
incumbent directors at the annual meeting of the directors, immediately after the incumbent
directors elect the Board of Directors for the following year.
Section 6.4 Term of Office. Each officer’s term of office shall begin upon the adjournment of
the annual meeting at which he or she is elected, and shall end upon the adjournment of the next
annual meeting of the Board of Directors, during which meeting his or her successor will be
elected.
Section 6.5 Maximum Terms of Office. There is no limit to the number of terms that an officer
may serve in a particular office.
Section 6.6 Resignation. Any officer may resign at any time by giving written notice of his or
her resignation to the Board of Directors.
Section 6.7 Removal. Any officer may be removed from office by the affirmative vote of
two-thirds of the directors for malfeasance, misfeasance, nonfeasance, lack of sympathy with the
purposes of the Association, or refusal to render reasonable assistance in carrying out the purposes
of the Association. No such vote may be held at a meeting unless the directors who request the
vote mailed a written notice to every member of the Board of Directors at least ten (10) days before
the meeting, advising all directors that they intend to request such a vote, and stating the name of
the officer that they propose to remove and the grounds for the proposed removal. The removal
of an officer from office will also remove that officer from the Board of Directors, unless the
resolution removing the officer from office expressly states that the officer will remain a member
of the Board of Directors.
Section 6.8 Vacancies. If any office of the Association becomes vacant as a result of the
resignation, removal, death, or disqualification of any officer, the majority of the directors then in
office may elect a member of the Board of Directors to fill the vacancy, and the officer so elected
shall hold office and serve until the election and qualification of his successor.
Section 6.9 Duties and Powers.
(a) Powers and Duties of the President. The President shall preside at meetings of
the Members and the Board of Directors; shall manage and supervise the business,
affairs and property of the Association, subject, however, to the control of the Board
of Directors and to the Members; and shall perform such other duties as are incident
to this office or are properly required of or by the Board of Directors.
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 8
(b) Powers and Duties of the Secretary. The principal duties of the Secretary shall
be to countersign all contracts and other instruments of the corporation, to affix the
seal of the Association thereto and to such other papers as shall be required or
directed to be sealed; to keep a record of the proceedings of meetings of the
Members and meetings of the Board of Directors; to be custodian of the corporate
records and seal of the corporation; to keep a register of the address of each
member; to see that all notices are duly given as required by law and the provisions
of these Bylaws; to safely and systematically keep all books, papers, records and
documents belonging to the Association or pertaining to the business thereof; and
to perform such other duties as the Board of Directors may from time to time direct.
(c) Powers and Duties of the Treasurer. The principal duties of the Treasurer shall
be to have charge and custody of and be responsible for all funds and investments
of the Association; to keep an account of all monies received and disbursed, and of
monies and property at hand; and to perform such other duties as shall be required
by the Board of Directors.
Section 6.10 Delegation of Duties. Whenever an officer is absent or whenever for any reason
the Board of Directors may deem it desirable, the Board of Directors may delegate the powers and
duties of an officer to any other officer or officers or to any director or directors.
ARTICLE VII.
Authorization of Corporate Acts
Section 7.1 Gifts. The Board of Directors may accept on behalf of the Association any
contribution, gift, bequest, or devise granted to further the purposes of the Association.
Section 7.2 Contracts. The Board of Directors may authorize any officer or officers or agent or
agents to enter into any contract relating to the Association or to execute and deliver any instrument
in the name of and on behalf of the Association, and such authority may be general or confined to
specific instances.
Section 7.3 Loans. No loans shall be contracted on behalf of the Association and no evidence of
indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors
and unless it relates specifically to the Association. Such authority may be general or confined to
specific instances.
Section 7.4 Checks and Drafts. All checks, drafts, notes, or other orders for the payment of
money or evidences of indebtedness issued in the name of the corporation shall be signed by such
officer, officers, agent or agents of the Association and in such manner as shall from time to time
be established by resolution of the Board of Directors.
Section 7.5 Deposits. All funds of the Association not otherwise employed shall be deposited
from time to time to the credit of the Association in such banks, trust companies or other
depositories as the Board of Directors may select.
Section 7.6 Contracts in which Directors have an Interest. No contract or other transaction of
the Association shall be invalidated or affected by: (i) the fact that any director, individually or
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 9
jointly with others, may be a party to or have a personal interest in the contract or transaction, or
(ii) the fact any director of the Association has an interest in or is a director or officer of one of the
other parties to the transaction; and each person who may become a director of this Association is
hereby relieved from any liability that might otherwise arise by reason of his contracting with the
Association for the benefit of himself or any entity in which he may have an interest; provided,
that the director fully reveals his interest in the contract or transaction to the Board of Directors,
and that the contract or transaction is authorized, approved or ratified by a majority of the directors
present at the meeting who do not have any interest in the transaction.
Section 7.7 Nonliability of Directors and Officers. The directors and officers of the corporation
shall not be liable for the debts and obligations of the corporation unless they expressly agree to
assume any of such debts or obligations.
Section 7.8 Prohibition of Loans to Directors and Officers. No loans shall be made by the
Association to its directors or officers. Any director or officer who assents to or participates in the
making of any such loan shall be liable to the Association for the amount of such loan until the
loan is repaid.
Section 7.9 Prohibited Activities. Notwithstanding any other provision of these Bylaws, no
director, officer, employee, or agent of the Association shall take any action or carry on any activity
by or on behalf of the Association which is not permitted to be carried on by an organization
exempt under Internal Revenue Code § 501(c)(3) and its Regulations, as they now exist or may
hereafter be amended, or by organization contributions to which are deductible under Internal
Revenue Code § 170(c)(2), as they now exist or may hereafter be amended.
ARTICLE VIII.
Assessments
Section 8.1 Creation of Lien and Obligation. The assessments are to be fixed, established and
collected from time to time as provided for in the Declaration and these Bylaws. The assessments,
together with interest and costs of collection as provided for in the Declaration and these By-Laws,
shall be a charge on the land and shall constitute a lien upon the Unit against which they are made
as provided for in the Declaration.
Section 8.2 Purpose of Assessments. The assessments levied by the Association shall be used
for such purposes as are authorized by the Declaration.
Section 8.3 Annual Assessments. The duties of the Board of Directors with respect to Annual
Assessments are as follows:
(a) To prepare a budget each year containing estimates of the anticipated general
expenses of the Association, together with any reserves which the Board may
consider prudent for emergency expenses and the repair or replacement of
improvements, any budget prepared by the Board of Directors pursuant to this
Section 8.3 must be approved by all the Members;
(b) To determine the total amount of assessments which will need to be levied on the
Members in order to pay those general expenses and provide for those reserves;
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 10
(c) To establish the amount that will be assessed against each Unit in order to pay those
general expenses and provide for those reserves, which amount will be the same for
all Units with the exception of undeveloped Units owned by the Declarant, which
shall not be subject to Annual Assessments.
(d) To establish the date or dates by which the annual assessments must be paid, and
to determine whether they will be payable in a single annual payment or
semi-annual or monthly installments;
(e) To establish the interest that will be charged on all delinquent assessments;
(f) To send written notice of the Annual Assessments to each Member at least thirty
(30) days before the first due date;
(g) To perfect the Association’s lien upon the Units from time to time by filing in the
office of the Clerk and Recorder of Gallatin County an account of the assessments
and interest, if any, which are delinquent with respect to each of the Units, together
with a legal description of each of the Units;
(h) To take all action required to collect delinquent assessments owed by Members,
together with attorney’s fees and the other expenses of such collection efforts,
including, if necessary, bringing an action to foreclose the Association’s lien on the
Units which are subject to such assessments; and
(i) Upon the demand of any Member and for a reasonable charge set by the Board, to
issue a certificate in recordable form setting forth the amount, if any, of assessments
and interest owed with respect to any Unit as of the date of the certificate, which
certificate will be binding on the Association and conclusive evidence of the
amount of assessments and interest owed with respect to the Unit as of the date of
the certificate.
Section 8.4 Special Assessments. The duties of the Board of Directors with respect to Special
Assessments are as follows:
(a) To determine, on its own initiative or upon the petition of any group of Members,
whether any group of the Units or Members desires or requires an improvement or
service which does not benefit all Units equally;
(b) To prepare estimates of the total cost of the improvement or service;
(c) To propose a method of allocating the cost of the improvement or service among
the Units or Members which will benefit from the improvement or service in a
manner which is equitable in light of the nature of the improvement or service;
(d) To estimate the amount of the Special Assessment that would be levied each year
against the Units which will benefit from the improvement or service if the
improvement or service is approved by the Members;
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 11
(e) To call a special meeting of the Members who are the Owners of the Units which
would be subject to the Special Assessment, to explain the proposed improvement
or service, the proposed method of allocating the cost of the improvement or
service, and the amount of the Special Assessment that would be levied against
each of such Members each year to pay the cost of the improvement of service;
(f) To hold a vote of such Members with respect to the improvement or service and
the Special Assessments required to pay for it, which improvement or service and
Special Assessment must be approved by the votes of two-thirds of each class of
Members present at the meeting; and
(g) If the improvement or service and Special Assessments are approved, to collect the
Special Assessments in the same manner as Annual assessment.
Section 8.5 Additional Assessments. The Board of Directors shall have the authority to levy
additional assessments as provided in the Declaration.
Section 8.6 Nonpayment of Assessments. Any assessments or installment payments on
assessments which are not paid when due shall be delinquent. The Association may take such
action as is authorized by the Declaration to collect such delinquent assessments and to enforce
the lien of such assessments as provided in the Declaration. No Owner may avoid liability for
assessments by non-use of the General Common Areas or abandonment of his or her Unit.
Section 8.7 Property Subject to Assessment. All Units shall be subject to assessments by the
Association as herein provided except those Units acquired by the Association, and the General
Common Areas, and except as provided in Section 3.2 hereof or as provided in the Declaration.
ARTICLE IX.
Amendments
Section 9.1 Amendments. The Articles of the Association and these Bylaws may be amended,
repealed or restated by the affirmative vote of two-thirds of each class of Members. No such action
may be approved by the Members unless it was proposed in the form of a resolution at a prior
meeting of the Members.
CERTIFICATE
Heather Grenier, Tyson O’Connell, and Seth O’Connell hereby certify as follows:
1. We are all of the directors of Hidden Creek Condominiums Association, Inc., a Montana
non-profit Association.
2. The Bylaws set forth above constitute the Bylaws of the Association, duly adopted by the
Board of Directors on _________, 2025.
DATED this ____ day of ________, 2025.
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 12
[Signatures on following pages]
BYLAWS OF HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. Page 13
Heather Grenier
Tyson O’Connell
Seth O’Connell
30874468v1
Return to:
Winthrop & Weinstine, P.A. (JCH)
225 South Sixth Street, Suite 3500
Minneapolis, MN 55402
HIDDEN CREEK CONDOMINIUMS
DECLARATION
Hidden Creek Condominiums Association, Inc., Declaration Page i
Table of Contents
PREAMBLE ....................................................................................................................................1
ARTICLE I DEFINITIONS ............................................................................................................2
Section 1.01 Allocated Interest ............................................................................................2
Section 1.02 Articles ............................................................................................................2
Section 1.03 Assessment, Annual ........................................................................................2
Section 1.04 Assessment, Capital Improvement..................................................................2
Section 1.05 Assessment, Reconstruction ...........................................................................2
Section 1.06 Assessment, Special ........................................................................................2
Section 1.07 Association ......................................................................................................3
Section 1.08 Beneficiary ......................................................................................................3
Section 1.09 Board or Board of Directors ...........................................................................3
Section 1.10 Budget .............................................................................................................3
Section 1.11 Bylaws.............................................................................................................3
Section 1.12 Common Areas-General .................................................................................3
Section 1.13 Common Expenses..........................................................................................3
Section 1.14 Declarant .........................................................................................................4
Section 1.15 Declaration ......................................................................................................4
Section 1.16 Department ......................................................................................................4
Section 1.17 “Maintenance Fund” .......................................................................................4
Section 1.18 Member, Membership .....................................................................................4
Section 1.19 Operating Fund ...............................................................................................4
Section 1.20 Owner ..............................................................................................................5
Section 1.21 Person ..............................................................................................................5
Section 1.22 Property or Project ..........................................................................................5
Section 1.23 Residential Unit ..............................................................................................5
Section 1.24 Restrictions .....................................................................................................5
Section 1.25 Reserve Fund ..................................................................................................5
Section 1.26 Rules and Regulations.....................................................................................5
Section 1.27 Section 42 Compliance Period ........................................................................5
Section 1.28 Site Plan ..........................................................................................................5
Section 1.29 Tenant Spaces .................................................................................................5
Section 1.30 Unit .................................................................................................................5
Section 1.31 Unit Designation, Description of Building .....................................................6
Section 1.32 A Hidden Creek 4% Unit Owner ...................................................................6
Section 1.32 B Hidden Creek 9% Unit Owner ...................................................................6
Section 1.33 Unit Owners ....................................................................................................6
ARTICLE II HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC. ................................6
Section 2.01 Organization of Association, Agent for Service of Process ...........................6
Section 2.02 Duties and Powers ...........................................................................................6
Section 2.02 (A) Unit Committees......................................................................................7
Section 2.03 Membership ....................................................................................................7
Section 2.04 Transfer ...........................................................................................................7
Section 2.05 Classes of Membership ...................................................................................7
Hidden Creek Condominiums Association, Inc., Declaration Page ii
Section 2.06 Voting Rights ..................................................................................................8
Section 2.07 Repair and Maintenance by the Association of General Common
Areas ......................................................................................................................8
Section 2.08 Unsegregated Real Property Taxes .................................................................9
Section 2.09 Repair and Maintenance by Owners ...............................................................9
Section 2.10 Use of Agent .................................................................................................10
ARTICLE III RIGHTS IN GENERAL COMMON AREAS ........................................................10
Section 3.01 Association Easement ...................................................................................10
Section 3.02 Partition .........................................................................................................10
Section 3.03 Members’ Easements of Use and Enjoyment of General Common
Areas ....................................................................................................................10
Section 3.04 Extent of Members’ Easements ....................................................................10
Section 3.05 Delegation of Use .........................................................................................11
Section 3.06 Waiver of Use ...............................................................................................11
Section 3.07 Damage by Member ......................................................................................12
ARTICLE IV (RESERVED) .........................................................................................................12
ARTICLE V ASSOCIATION FUNDS AND ASSESSMENTS...................................................12
Section 5.01 Personal Obligation of Assessments .............................................................12
Section 5.02 Purposes of Assessments ..............................................................................12
Section 5.03 Basis of Maximum Annual Assessment .......................................................13
Section 5.04 Commencement and Collection of Annual Assessments .............................14
Section 5.05 Delinquency and Acceleration ......................................................................14
Section 5.06 Creation and Release of Lien ........................................................................15
Section 5.07 Enforcement of Liens ....................................................................................15
Section 5.08 Priority of Assessment Lien ..........................................................................16
ARTICLE VI PROJECT EASEMENTS AND RIGHTS OF ENTRY .........................................16
Section 6.01 Easements .....................................................................................................16
Section 6.02 Rights of Entry ..............................................................................................17
ARTICLE VII UNIT AND USE RESTRICTIONS ......................................................................17
Section 7.01 Residential Use Only ....................................................................................17
Section 7.02 Parking and Vehicular Restrictions ..............................................................17
Section 7.03 Nuisances ......................................................................................................18
Section 7.04 Signs ..............................................................................................................18
Section 7.05 Antennae .......................................................................................................19
Section 7.06 Inside and Outside Installations ....................................................................19
Section 7.07 Animal Regulations ......................................................................................19
Section 7.08 Business or Commercial Activity .................................................................20
Section 7.09 Rubbish Removal ..........................................................................................20
Section 7.10 Section 42......................................................................................................20
ARTICLE VIII INSURANCE .......................................................................................................20
Section 8.01 Duty to Obtain Insurance; Types ..................................................................20
Hidden Creek Condominiums Association, Inc., Declaration Page iii
Section 8.02 Waiver of Claim Against Association ..........................................................20
Section 8.03 Right and Duty of Owners to Insure .............................................................21
Section 8.04 Notice of Expiration Requirements ..............................................................21
Section 8.05 Insurance Premiums ......................................................................................21
Section 8.06 Trustee for Policies .......................................................................................21
Section 8.07 Actions as Trustee .........................................................................................22
ARTICLE IX DESTRUCTION OF IMPROVEMENTS ..............................................................22
Section 9.01 Reconstruction of the Property-General Common Areas .............................22
Section 9.02 A Reconstruction of the Property-Hidden Creek 4 Unit, Hidden
Creek 9
Unit ....................................................................................................................23
Section 9.03 Interior Damage ............................................................................................23
Section 9.04 Notice to Owners and Listed Mortgages ......................................................23
ARTICLE X DURATION AND AMENDMENT ........................................................................24
Section 10.01 Duration ......................................................................................................24
Section 10.02 Amendment .................................................................................................24
ARTICLE XI GENERAL PROVISIONS .....................................................................................24
Section 11.01 Legal Proceedings .......................................................................................24
Section 11.02 Violation of Restrictions .............................................................................24
Section 11.03 Severability .................................................................................................25
Section 11.04 Interpretation ...............................................................................................25
Section 11.05 No Public Right or Dedication ....................................................................25
Section 11.06 No Representations or Warranties ..............................................................25
Section 11.07 Nonliability and Indemnification ................................................................25
Section 11.08 Notices ........................................................................................................26
Section 11.09 Priorities and Inconsistencies ......................................................................27
Section 11.10 Local Jurisdiction Provisions ......................................................................27
EXHIBITS
A – Site Plans
B – Allocated Interests
C – Articles of Incorporation of the Association
D – By-Laws of the Association
E – Certificate of Name
F – Certificate of Tax and Assessment Payment
G – Declaration of Certificate of Exemption from Review
Hidden Creek Condominiums Association, Inc., Declaration Page 1
HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC.
~ DECLARATION ~
THIS DECLARATION IS MADE BY HUMAN RESOURCE DEVELOPMENT
COUNCIL OF DISTRICT IX, INC.
PREAMBLE
A. Declarant is the owner of certain real property (“Hidden Creek Condominiums”) located
in Bozeman, Montana, being more particularly described as follows:
[Legal Description]
B. It is the desire and intention of Declarant to develop the Property (as hereinafter defined)
into condominium estates, pursuant to the Montana Unit Ownership Act (the “Act”) and to impose
mutually beneficial restrictions under a general plan of improvement for the benefit of all the
condominium estates created.
C. Declarant hereby declares that all of the Property is to be held, conveyed, hypothecated,
encumbered, leased, rented, used, occupied and improved subject to the following limitations,
restrictions, reservations, rights, easements, conditions and covenants, all of which are declared
and agreed to be in furtherance of a plan for the protection, subdivision, maintenance, improvement
and sale of the Property for the purpose of enhancing the value, desirability and attractiveness of
the Property. All provisions of this Declaration, including without limitation the easements, uses,
obligations, covenants, conditions and restrictions hereof, are hereby imposed as equitable
servitudes upon the Property. All of the limitations, restrictions and reservations, rights,
easements, conditions and covenants herein shall run with and burden the Property and shall be
binding on and for the benefit of all of the Property and all Persons having or acquiring any right,
title or interest in the Property or any part thereof and their respective heirs, executors,
administrators, personal representatives, successors, assigns, tenants, employees, guests and
invitees.
D. Declarant, its successors, assigns and grantees, covenant and agree that the undivided
interest in the General Common Areas, the membership in the Association, any easements
conveyed therewith and the fee title to each respective Unit conveyed therewith shall not be
separated or separately conveyed, and each such undivided interest, membership and easement
shall be deemed to be conveyed or encumbered with its respective Unit even though the description
in the instrument of conveyance or encumbrance may refer only to the Unit; provided, however,
that this restriction upon the severability of the component interests of the Units shall not extend
beyond the period for which the right to partition the Property is suspended in accordance with
Montana law.
E. The Condominium shall be composed of no more than Two (2) Units, which shall be
referred to herein as “Hidden Creek 4 Unit” and Hidden Creek 9 Unit” and the Buildings
constructed therein as indicated on the Site Plan attached hereto as Exhibit A. It is the intention
of Declarant that the Unit Owner or Owners, as the case may be, of each respective Unit and the
Hidden Creek Condominiums Association, Inc., Declaration Page 2
Buildings constructed therein shall be responsible for the care, maintenance and repair of their
respective Units and the Buildings constructed therein. Further, as provided herein, each Unit shall
form a committee of Unit Owners, or shall designate a property manager or agent, to attend to any
maintenance, repair, or care, and any related Annual or Special Assessments respecting each Unit
and the Buildings constructed thereon. It is the intention of the Declarant that both Hidden Creek
4 Unit and Hidden Creek 9 Unit shall be constructed as and maintained as low-income residential
housing units.
ARTICLE I DEFINITIONS
Unless otherwise expressly provided, the following words and phrases when used in this
Declaration shall have the following specified meanings.
Section 1.01 Allocated Interest
“Allocated Interest” means the percentage undivided interest in the General Common Areas
allocated to each of the Units as set forth on Exhibit B.
Section 1.02 Articles
“Articles” shall mean the Articles of Incorporation of the Association, filed or to be filed in the
Office of the Secretary of State of the State of Montana, a true copy of which is attached hereto,
marked Exhibit C, as such Articles may be amended from time to time.
Section 1.03 Assessment, Annual
“Annual Assessment” shall mean a charge against a particular Owner and his Unit, representing a
portion of the Common Expenses which are to be paid by each Owner to the Association in the
manner and proportions provided herein. Such Assessment may be billed and collected by the
Association in monthly installments. The charges will be determined by the Board of Directors.
Section 1.04 Assessment, Capital Improvement
“Capital Improvement Assessment” shall mean a charge against a particular Owner and his Unit,
representing a portion of the expenses which are to be paid by such Owner that pertain or relate to
capital improvements approved by, in the case of General Common Areas, the Association, or, in
the case of a Unit, the Unit Committee applicable to such Unit as provided in Section 2.02A hereof.
Section 1.05 Assessment, Reconstruction
“Reconstruction Assessment” shall mean a charge against a particular Owner and his Unit,
representing a portion of the expenses which are to be paid by such Owner that pertain or relate to
reconstruction costs, as approved by the Association, or, in the case of a Unit, the Unit Committee
applicable to such Unit as provided in Section 2.02A hereof.
Section 1.06 Assessment, Special
“Special Assessment” shall mean a charge against a particular Owner directly attributable to, or
reimbursable by, the Owner, equal to the cost incurred by the Association for corrective action
performed pursuant to the provisions of this Declaration, or a reasonable fine or penalty assessed
by the Board, plus interest and other charges on such Special Assessments as provided for in this
Declaration. Special Assessments shall not include any late payment penalties, interest charges or
costs (including attorneys’ fees) incurred by the Association in the collection of Annual, Capital
Hidden Creek Condominiums Association, Inc., Declaration Page 3
Improvement and Reconstruction Assessments. Any and all assessments described herein, or in
the Articles or Bylaws shall be referred to collectively as the “Assessments”
Section 1.07 Association
“Association” shall mean Hidden Creek Condominiums Association, Inc., a Montana non-profit
corporation, its successors and assigns.
Section 1.08 Beneficiary
“Beneficiary” shall mean a Mortgagee under a Mortgage or a Beneficiary under a Deed of Trust,
as the case may be, and the assignees of such Mortgagee or Beneficiary.
Section 1.09 Board or Board of Directors
“Board of Directors” or “Board” shall mean the Board of Directors of the Association, as provided
in this Declaration and in the Articles and Bylaws of the Association, and the Act.
Section 1.10 Budget
“Budget” shall mean a written, itemized estimate of the income and Common Expenses of the
Association in performing its functions under this Declaration, which Budget shall be prepared
pursuant to the Bylaws.
Section 1.11 Building 1
“Building 1” shall refer to the building identified as “Building 1” on the Site Plan.
Section 1.12 Building 2 through [___]
“Building 2 through [_______]” shall mean all other buildings within the Units other than Building
1.
Section 1.13 Bylaws
“Bylaws” shall mean the Bylaws of the Association as adopted by the Board initially in the form
of Exhibit “D”, attached hereto, as such Bylaws may be amended from time to time in accordance
with the terms thereof.
Section 1.14 Common Areas-General
“General Common Areas” shall mean all areas on the Project identified in the Site Plan, except
the Units. General Common Areas shall include, without limitation, for maintenance purposes of
the Association, but not necessarily by way of fee title, bike racks, fitness rooms, garbage facilities,
leasing office, mailboxes, parking areas, playgrounds, central heating, reservoirs, tanks, pumps
and other central services, pipes, ducts, flues, chutes, conduits, wires and other utility installations
which are not otherwise clearly within or appurtenant to either Hidden Creek 4 Unit, and Hidden
Creek 9 Unit. Each Unit Owner shall have an undivided interest in the General Common Areas to
the extent of its Allocated Interest. The General Common Areas shall be the joint responsibility
of all Unit Owners in the Project in accordance with their Allocated Interest.
Section 1.15 Common Expenses
“Common Expenses” shall mean those expenses for which the Association is responsible under
this Declaration, and for which each Unit Owner will be responsible to the extent of its Allocated
Interest (except as may otherwise be specified herein) including the actual and estimated costs of:
maintenance, management, operation, repair and replacement of the General Common Area; the
Hidden Creek Condominiums Association, Inc., Declaration Page 4
cost of maintenance of any recreational facilities on the General Common Areas; the cost of
maintenance of those public parkway areas which the Association is obligated to maintain, if any;
the costs of any and all utilities metered to more than one Unit and other commonly metered
charges for the Property, if any; the cost of management and administration of the Association
including, but not limited to, compensation paid by the Association to managers, accountants,
attorneys and other employees; the costs of all gardening, security, clustered mailboxes and other
services benefitting the General Common Areas; the costs of fire, casualty and liability insurance,
workers’ compensation insurance, errors and omissions and director, officer and agent liability
insurance, and other insurance covering the Property and the directors, officer and agents of the
Association; the costs of bonding of the members of the Board; taxes paid by the Association,
including any blanket tax assessed against the General Common Area; amounts paid by the
Association for discharge of any lien or encumbrance levied against the General Common Area,
or portions thereof; and the costs of any other item or items incurred by the Association, for any
reason whatsoever in connection with the General Common Area, for the common benefit of the
Owners. The Board shall, at least annually, meet to determine the Common Expenses that shall
be apportioned to each Unit.
Section 1.16 Declarant
“Declarant” shall mean Human Resource Council of District IX, Inc., a Montana nonprofit
corporation, its successors, and any Person to which it shall have assigned any of its rights
hereunder by an express written assignment, and as permitted by the Act.
Section 1.17 Declaration
“Declaration” shall mean this Declaration, as it may be amended from time to time as provided
herein, and as permitted by the Act.
Section 1.18 Department
“Department” shall mean the Montana Department of Revenue.
Section 1.19 Maintenance Fund
“Maintenance Fund” shall refer to such fund or money held by the Association on behalf of each
Unit to pay expenses associated with maintenance, repair, or improvements approved by each Unit
Owner.
Section 1.20 Member, Membership
“Member” shall mean every Person holding a membership in the Association, pursuant to Section
2.03 hereof. “Membership” shall mean the property, voting and other rights and privileges of
Members as provided herein, together with the correlative duties and obligations contained in this
Declaration and the Articles and Bylaws.
Section 1.21 Operating Fund
“Operating Fund” shall refer to such fund of money held by the Association on behalf of each Unit
Owner to pay the normal operating expenses or other charges or liabilities, or obligations of the
Association with regard to each Unit.
Hidden Creek Condominiums Association, Inc., Declaration Page 5
Section 1.22 Owner
“Owner” shall mean the record owner of a fee interest in any Unit, including the buyer under a
contract for deed, and excluding other Persons having and interest in the Unit merely as security
for the performance of obligations, unless such Person has acquired record title to the Unit pursuant
to foreclosure or any proceedings in lieu of foreclosure.
Section 1.23 Person
“Person” shall mean a natural person, a trustee, a personal representative, a corporation, a
partnership, a limited liability company, a limited liability limited partnership, a joint venture, a
government entity, or any other individual or entity capable of holding title to real property.
Section 1.24 Property or Project
“Property” or “Project” shall mean the property identified above in the Preamble to this
Declaration. The Property shall be known as Hidden Creek Condominiums.
Section 1.25 Residential Unit
“Residential Unit” or “Residence” shall mean a Unit specifically intended for residential use, as
depicted on the Site Plan, attached hereto as Exhibit A.
Section 1.26 Restrictions
“Restrictions” shall mean this Declaration, the Articles, Bylaws and the Rules and the Regulations
of the Association from time to time in effect
Section 1.27 Reserve Fund
“Reserve Fund” shall refer to such fund of money held by the Association on behalf of each Unit
to pay expenses associated with the replacement and improvement of each Unit and the Building
constructed thereon approved by each Unit Owner.
Section 1.28 Rules and Regulations
“Rules and Regulations shall mean those rules and regulations established by the Board of
Directors for the Association in accordance with the Articles and By-laws of the Association.
Section 1.29 Section 42 Compliance Period
For purposes of this Declaration, “Compliance Period” shall have the meaning set forth in Section
8.04, hereof.
Section 1.30 Site Plan
“Site Plan” shall refer to the site plan attached to this Declaration as Exhibit A.
Section 1.31 Tenant Spaces
“Tenant Spaces” shall refer to the individual rental units within each Unit of the Project.
Section 1.32 Unit
“Unit” shall mean the elements of the Property not owned in common with the Owners of other
Units in the Project. Each of the Units shall be a separate fee simple estate as separately shown,
numbered and designated in the Site Plan attached as Exhibit A, as well as the undivided interest
in the General Common Areas to the extent of its Allocated Interest. Each such Unit consists of a
fee interest in the real estate upon which it is built (to the extent of its Allocated Interest) as
Hidden Creek Condominiums Association, Inc., Declaration Page 6
applicable, space bounded by and contained within the perimeter walls, floors, ceilings, windows,
and doors of each individual Unit, as shown and defined in the Site Plan.
Section 1.33 Unit Designation, Description of Building
The Project shall consist of no more than Two (2) Units and the Buildings constructed thereon.
Hidden Creek 9 Unit will consist of Building 1. Building 1 will be three (3) stories and shall be
of wood frame construction. Hidden Creek 4 Unit will consist of [____] buildings, including the
entirety of Buildings 2 through [___]. Each Building in Hidden Creek 4 Unit will be three (3)
stories and shall be of wood frame construction. The Units are designated “Hidden Creek 4 Unit”
and “Hidden Creek 9 Unit” as shown on Exhibit A.
Section 1.34 Hidden Creek 4% Unit Owner
Hidden Creek 4% Unit Owner is Human Resource Development Council of District IX, Inc., a
Montana nonprofit corporation, and any successor fee simple interest owner in the Hidden Creek
4 Unit.
Section 1.35 Hidden Creek 9% Unit Owner Hidden Creek 9% Unit Owner is Human Resource
Development Council of District IX, Inc., a Montana nonprofit corporation, and any successor fee
simple interest owner in the Hidden Creek 9% Unit..
Section 1.36 Unit Owners
The Hidden Creek 4% Unit Owner and Hidden Creek 9% Unit Owner are sometimes collectively
referred to as “Unit Owners”.
ARTICLE II HIDDEN CREEK CONDOMINIUMS ASSOCIATION, INC.
Section 2.01 Organization of Association, Agent for Service of Process
The Association is or shall be incorporated under the name of Hidden Creek Condominiums
Association, Inc., as a nonprofit corporation under the Nonprofit Corporation Law of the State of
Montana. For purposes of Montana Code Annotated §70-23-901 the agent for service of process
is Human Resource Development Council of District IX, Inc., a Montana nonprofit corporation,
whose place of business within the county in which the Property is located is 32 S. Tracy Ave.,
Bozeman, Montana 59715.
Section 2.02 Duties and Powers
The duties and powers of the Association are those set forth in the Declaration, the Articles and
Bylaws, together with its general and implied powers of a nonprofit mutual benefit corporation,
generally, to do any and all things that a corporation organized under the laws of the State of
Montana may lawfully do which are necessary or proper, in operating for the peace, health,
comfort, safety and general welfare of its Members, subject only to the limitations upon the
exercise of such powers as are expressly set forth in the Articles, the Bylaws and in this
Declaration. The Association shall further have the right to install or construct capital
improvements on the General Common Areas. The Association may at any time, and from time
to time reconstruct, replace or refinish any Improvement portion thereof upon the General
Common Areas in accordance with the original design, finish or standard of construction of such
Improvement; replace destroyed trees or other vegetation and plant trees, shrubs and ground cover
upon any portion of the General Common Areas. The Association may employ personnel
Hidden Creek Condominiums Association, Inc., Declaration Page 7
necessary for the effective operation and maintenance of the General Common Areas, including
the employment of legal, management and accounting services. The Association shall make
available for inspection by any prospective purchaser of a Unit, any Owner of a Unit, and the
Beneficiaries, prospective Beneficiaries, insurers and guarantors of a Mortgage on any Unit,
current copies of the Declaration, the Articles, the Bylaws, the Rules and Regulations and all other
books, records, and financial statements of the Association.
Section 2.02(A) Unit Committees
The Unit Committee for Hidden Creek 4 Unit shall consist solely of the Owner of Hidden Creek
4 Unit or the property manager appointed by the Owner of Hidden Creek 4 Unit. The Unit
Committee for Hidden Creek 9 Unit shall consist solely of the Owner of Hidden Creek 9 Unit or
the property manager appointed by the Owner of Hidden Creek Unit 4 (the Unit Committee for
Hidden Creek 4 Unit and Unit Committee for Hidden Creek 9 Unit are sometimes collectively
referred to as the “Unit Committees”).
Section 2.03 Membership
Every Owner, upon becoming the fee simple Owner including the buyer under a contract for deed,
but excluding the seller under a contract for deed and other Persons having an interest in a Unit
merely as security for the performance of an obligation (unless such Person has acquired record
title to the Unit by foreclosure or any proceedings in lieu of foreclosure), shall automatically
become a Member of the Association, and shall remain a Member thereof until such time as its
ownership ceases for any reason, at which time such entity’s Membership in the Association shall
automatically cease. Ownership of a Unit shall be the sole qualification for Membership in the
Association. All Memberships shall be appurtenant to the Unit.
Section 2.04 Transfer
The Membership held by any Owner shall not be transferred, pledged or alienated in any way,
except upon the sale or encumbrance of such Owner’s Unit, or as otherwise approved by the
Association, and then only to the purchaser or Beneficiary of such Unit. A prohibited transfer is
void and will not be reflected upon the books and records of the Association. A Member who has
sold its Unit to a contract purchaser under an agreement to purchase shall delegate to the contract
purchaser its Membership rights in the Association. The delegation shall be in writing and shall
be delivered to the Board before the contract purchaser may vote. However, the contract seller
shall remain liable for all charges and Assessments attributable to its Unit until fee title to the Unit
sold is transferred, as further provided in Section 5.01 of this Declaration. If the Owner of any
Unit fails or refuses to transfer the Membership registered in its name to the purchaser of the Unit
upon transfer of fee title thereto, the Board of Directors shall have the right to record the transfer
upon the books of the Association. The Association may levy a reasonable transfer fee against a
new Owner and its Unit (which fee shall be added to the Annual Assessment chargeable to such
new Owner) to reimburse the Association for the administrative cost of transferring the
membership to the new owner on the records of the Association. Notwithstanding anything
contained in this Section 2.04, the Membership held by the Owner of Hidden Creek 4 Unit and the
Membership held by the Owner of Hidden Creek 9 Unit may be pledged as a part of the
construction or permanent financing for the Owner’s respective Unit.
Section 2.05 Classes of Membership
The Association shall have one (1) class of voting Membership.
Hidden Creek Condominiums Association, Inc., Declaration Page 8
Section 2.06 Voting Rights
(a) All voting rights shall be subject to the Restrictions.
(b) At any meeting of the Association, each Owner shall be entitled to cast no more
than one (1) vote for each Unit owned as shown on the Site Plan. Where there is
more than one (1) record Owner of a Unit (“co-owners”), all of those co-owners
shall be Members and may attend any meeting of the Association, but only one (1)
of those co-owners shall be entitled to exercise the single vote to which the Unit is
entitled. Co-owners owning the majority interests in a Unit shall from time to time
designate in writing one (1) of their number to vote. Fractional votes shall not be
allowed, and the vote for each Unit shall be exercised, if at all, as a Unit. Where
no voting co-owner is designated or if the designation has been revoked, the vote
for the Unit shall be exercised as the co-owners owning the majority interests in the
Unit mutually agree. Unless the Board receives a written objection in advance from
a co-owner, it shall be conclusively presumed that the corresponding voting
co-owner is acting with the consent of its co-owners. No vote shall be cast for any
Unit if the co-owners present in person or by proxy owning the majority interests
in such Unit cannot agree to said vote or other action. The nonvoting co-owner or
co-owners shall be jointly and severally responsible for all of the obligations
imposed upon the jointly-owned Unit and shall be entitled to all other benefits of
ownership. All agreements and determinations lawfully made by the Association
in accordance with the voting procedures established herein, or in the Articles or
Bylaws, shall be deemed to be binding on all Owners, their successors and assigns.
Voting shall be by class. Any action presented to the Members by the Association
must be approved by both the Hidden Creek 4% Unit Owner, and the Hidden Creek
9% Unit Owner.
(c) During the initial meeting of the Association, and at each annual meeting thereafter,
the directors of the Association shall be appointed in accordance with the Articles.
Section 2.07 Repair and Maintenance by the Association of General Common Areas
The Association shall paint, maintain, repair and replace the General Common Areas and
improvements thereon, if any, or shall contract for such maintenance, repair and replacement to
assure maintenance of the General Common Areas and improvements thereon in a clean, sanitary
and attractive condition reasonably consistent with the level of maintenance reflected in the most
current Budget on file with and approved by the Department. However, the Association shall not
be responsible for or obligated to perform those items of maintenance, repair or improvement of
the Units which is the responsibility of the Owners as provided in Article II, Section 2.09 hereof.
Association maintenance, repair or improvements shall include, without limitation, the right,
without obligation, to perform all corrective janitorial, landscaping and repair work within any
Unit, if the Owner fails to repair it; the repair and payment for all centrally metered utilities, water
charges, and mechanical and electrical equipment in the General Common Areas, if any; payment
of all charges for all utilities which serve individual Units but which are subject to a meter common
to the entire Property, if any; payment of all Common Expenses and charges for water and utilities
servicing recreational amenities in the General Common Areas; the repair and maintenance of all
walks, private driveways and other means of ingress and egress with in the property within the
General Common Areas (except as may be otherwise specified in any easement approved pursuant
Hidden Creek Condominiums Association, Inc., Declaration Page 9
to the terms hereof with respect to any General Common Areas), and if determined by the Board
to be economically feasible, an inspection and preventative program for the prevention and
eradication of infestation by wood-destroying and other pests and organisms in the General
Common Areas. All such costs of maintenance, repairs and replacements for the General Common
Area shall be paid for as Common Expenses out of the Association Funds as provided in this
Declaration. All work performed by the Association for and on behalf of an Owner as permitted
hereunder which work is not the responsibility of the Association shall be charged to the Owner
as a Special Assessment. It shall further be the affirmative duty of the Board of Directors to require
strict compliance with all provisions of this Declaration and to cause the Units to be inspected by
the related Unit Committee for any violation thereof. The cost of any maintenance, repairs or
replacements by the Association arising out of, or caused by, the act of an Owner or such Owner’s
family, tenants, guests, invitees, or agents shall, after any applicable notice and cure period under
this Declaration, be levied by the Board as a Special Assessment against such Owner.
All such painting, repair, maintenance and replacement, as the case may be, of the General
Common Areas shall be equally apportioned among Units within the Project according to its
Allocable Interest except as provided in Section 1.14 of this Declaration. All such painting, repair
or maintenance which is solely within either Building, shall be apportioned among the Unit
Owner(s) of such Building.
Section 2.08 Unsegregated Real Property Taxes
To the extent not assessed to or paid by the Unit Owners, the Association shall pay all real and
personal property taxes and Assessments levied upon any portion of the Property. In addition, if
Hidden Creek 4 Unit and Hidden Creek 9 Unit are taxed under a blanket tax bill covering all of
such Units on the Property, each Owner shall pay its proportionate share of any installment due
under the blanket tax bill to the Association at least ten (10) days prior to the delinquency date;
and the Association shall transmit the taxes to the appropriate tax collection agency on or before
the delinquency date. Blanket taxes shall be allocated on a pro rata basis among the Units, based
upon each Owner’s Allocated Interest. The Association shall, at least forty-five (45) days prior to
the delinquency date of any blanket tax installment, deliver to each Owner of such Unit a copy of
the tax bill, along with a written notice setting forth the Owner’s obligation to pay is proportionate
share of the tax installment and the potential additional charges to the Owner for failure to comply.
The Association may elect to pay the taxes on behalf of any Owner who does not pay its
proportionate share. In such event, the Association shall levy a Special Assessment against any
delinquent Owner in the amount of any sum advanced, plus interest at the rate of ten percent (10%)
per annum and may, in addition, include as part of the Special Assessment an amount necessary
to reimburse the Association for any penalty or late charge actually assessed in connection with
the blanket tax bill, for which a late charge results from the failure of the delinquent Owner(s) to
make timely payment of its proportionate share of the taxes.
Any payments in lieu of taxes that may be assessed with respect to Hidden Creek 4 Unit and
Hidden Creek 9 Unit shall be the sole responsibility of the Unit Owners based each Unit Owner’s
Allocated Interest.
Section 2.09 Repair and Maintenance by Owners
Each Owner shall maintain, repair, replace, paint, paper, plaster, tile, finish and restore or cause to
be so maintained, repaired, replaced and restored, at its sole expense, all portions of its Unit, as
Hidden Creek Condominiums Association, Inc., Declaration Page 10
well as the windows, light fixtures actuated from switches controlled from, or separately metered
to, such Owner’s Unit, and the interior surfaces of the walls, ceilings, floors, doors, including
exterior doors, and permanent fixtures, as well as the decking, railing, and other non-structural
components of their decks in a clean, sanitary and attractive condition, in accordance with the Site
Plan and the original construction design of the improvements in the Project. It shall further be
the duty of each Owner to pay when due all charges for any utility service which is separately
metered to its Unit. Subject to any required approval of the Unit Committee. Each Owner shall
be responsible for maintaining those portions of any heating and cooling equipment and other
utilities which are located within or which exclusively serve its Unit. In addition, each Owner
shall be responsible for maintaining and repairing the air conditioning pad which supports or will
support the air conditioning compressor serving such Owner’s Unit.
Section 2.10 Use of Agent
The Board of Directors, on behalf of the Association, may contract with a manager for the
performance of maintenance and repair and for conducting other activities on behalf of the
Association. The term of such contract, or any contract with Declarant for the furnishing of
services to the Association, shall not exceed one (1) year, renewable by agreement of the parties
for successive one-year periods, and such contract shall be terminated by the Association, acting
through the Board, at any time (a) for cause upon thirty (30) days’ written notice thereof, and (b)
without cause or upon ninety (90) days’ written notice.
ARTICLE III RIGHTS IN GENERAL COMMON AREAS
Section 3.01 Association Easement
The Association shall have an easement over the General Common Areas for purposes described
in this Declaration. The Association’s obligations with respect to maintenance of the General
Common Areas shall commence on the date the Property receives its Certificate of Occupancy
from the City of Bozeman, Montana; and upon such date, the Association shall be deemed to have
accepted its responsibilities to maintain and manage the General Common Areas.
Section 3.02 Partition
Except as provided in this Declaration, there shall be no judicial partition of the General Common
Areas, or any part thereof, for the term of the Project, nor shall Declarant, any Owner or any other
Person acquiring any interest in any Unit in the Project seek any such judicial partition.
Section 3.03 Members’ Easements of Use and Enjoyment of General Common Areas
Subject to the provisions of this Declaration, every Member of the Association shall have, for it,
its assigns, its tenants and guests, a nonexclusive easement of access, ingress, egress, use and
enjoyment of, in and to the General Common Areas, and such easements shall be appurtenant to
and shall pass with title to every Unit in the Project.
Section 3.04 Extent of Members’ Easements
The rights and easements of use and enjoyment of the General Common Areas created by this
Declaration shall be subject to the Restrictions, which include, without limitation, the following:
(a) The right of the Board to suspend the rights and easements of any Member, and the
Persons deriving such rights and easements from any Member, for any period
Hidden Creek Condominiums Association, Inc., Declaration Page 11
during which the payment of any, Annual, or Special Assessment against the
Member and its Unit remains delinquent, and, after any applicable notice and cure
period under this Declaration, to suspend such rights and easements for the period
set forth in the Bylaws or the Declaration for any violation of the Restrictions, it
being understood that any suspension for either nonpayment of any Assessment or
breach of the Restrictions shall not constitute a waiver or discharge of the Member’s
obligation to pay Assessments as provided in this Declaration;
(b) The right of the Association to consent to or otherwise cause the construction of
additional improvements on the General Common Areas and to consent to or
otherwise cause the alteration or removal of any existing improvements on the
General Common Areas for the benefit of the Members of the Association;
(c) The right of the Association, acting through the Board of Directors, to grant,
consent to or join in the grant or conveyance of easements, licenses or rights-of-way
in, on or over the General Common Areas for purposes not inconsistent with the
intended use of the Property as a residential Unit project;
(d) Subject to the provisions of this Declaration, the right of each Owner to the
exclusive use and occupancy for the purposes designated in this Declaration to its
respective Unit;
(e) The rights and reservations of Declarant as set forth in this Declaration;
(f) The right of the Association, acting through the Board of Directors, to reasonably
restrict access to roofs, maintenance and landscaped areas and similar areas of the
Property within the General Common Areas;
(g) The right of the Association to reasonably limit the number of guests and tenants
of the Owners using the General Common Areas; and
(h) The right of the Association, acting through the Board, to establish uniform Rules
and Regulations for the use of the General Common Areas, as provided in this
Declaration.
Section 3.05 Delegation of Use
Any Member entitled to the right of use and enjoyment of the General Common Areas may
delegate, in accordance with the Bylaws, its right to use and enjoyment of the General Common
Areas to its tenants, contract purchasers or subtenants who reside in its Unit, subject to reasonable
regulation by the Board.
Section 3.06 Waiver of Use
No Member may exempt itself from personal liability for Assessments duly levied by the
Association or effect the release of its Unit from the liens and charges thereof, by waiving use and
enjoyment of the General Common Areas or by abandoning its Unit.
Hidden Creek Condominiums Association, Inc., Declaration Page 12
Section 3.07 Damage by Member
To the extent permitted by Montana law, each Member shall be liable to the Association for any
damage to the General Common Areas not fully reimbursed to the Association by insurance if the
damage is sustained because of the negligence, willful misconduct or unauthorized or improper
installation or maintenance of any Improvement by the Member, its guests, tenants or invitees, or
any other Persons deriving their right and easement of use and enjoyment of the General Common
Areas from the Member, or its or their respective family and guests, both minor and adult.
However, the Association, acting through the Board, reserves the right to determine whether any
claim shall be made upon the insurance maintained by the Association, and the Association further
reserves the right, after any applicable notice and cure period under this Declaration, to levy a
Special Assessment equal to the increase, if any, in insurance premiums directly attributable to the
damage caused by the Member or the Person for whom the Member may be liable as described
above. In the case of joint ownership of a Unit, the liability of the Owners shall be joint and
several, except to the extent that the Association shall have previously contracted in writing with
the joint owners to the contrary. After any applicable notice and cure period under this
Declaration, the cost of correcting the damage to the extent not reimbursed to the Association by
insurance shall be a Special Assessment against such Member’s Unit and may be enforced as
provided herein.
ARTICLE IV (RESERVED)
ARTICLE V ASSOCIATION FUNDS AND ASSESSMENTS
Section 5.01 Personal Obligation of Assessments
Declarant, for each Unit owned by Declarant, hereby covenants and agrees to pay, and each Owner,
by acceptance of a deed of a Unit whether or not it shall be so expressed in any such deed, is
deemed to covenant and agree to pay to the Association all Annual Assessments for Common
Expenses and all applicable Annual Assessments and Special Assessments. Except as provided in
this Section 5.01, all such Assessments, together with interest, costs, and reasonable attorneys’
fees shall be a separate, distinct and personal obligation of the Person who was the Owner of the
Unit at the time when the Assessment fell due. This personal obligation cannot be avoided by
abandonment of the Unit or by an offer to waive use of the General Common Areas. The
Association may impose a reasonable late fee for any payment of any Annual Assessment, Capital
Improvement Assessments, Reconstruction Assessments or Special Assessment. In the case of the
monthly installments for the Annual Assessment, the Association may charge a late fee of Ten
Dollars ($10.00) for any such monthly installment which is paid more than seven (7) days after
such monthly installment is due. Unless provided otherwise by the Association, each monthly
installment shall be due on the 1st day of each calendar month.
Section 5.02 Purposes of Assessments
The Assessments levied by the Board of Directors on behalf of the Association shall be used
exclusively to promote the recreation, health, safety and welfare of the residents of the Units, for
the operation, replacement, improvement and maintenance of the Property, and to discharge any
other obligations of the Association under this Declaration. All amounts deposited into the Funds
for Annual Assessment must be used solely for the common benefit of all of the Unit Owners for
purposes authorized by this Declaration. Disbursements from the Operating Fund shall be made
by the Board of Directors for such purposes as may be necessary for the discharge of its
Hidden Creek Condominiums Association, Inc., Declaration Page 13
responsibilities herein for the common benefit of all of the Owners, other than those purposes for
which disbursements from the Reserve Fund are to be used. Disbursements from the Reserve Fund
shall be made by the Board of Directors only for the respective purposes specified in this Article
V. Nothing in this Declaration shall be construed in such a way as to prohibit the Association from
using any assessments to abate any annoyance or nuisance emanating from outside the boundaries
of the Property. Annual Assessments shall be used to satisfy Common Expenses of the
Association, as provided herein and in the Bylaws. To the extent required, if at all, by the Members
of the Association, the Association shall separately account for and separately maintain the
Operating Fund, Reserve Fund, and either other fund approved by the Member with respect to
each Unit. Additionally, such funds with respect to Hidden Creek 4 Unit and Hidden Creek 9
Unit shall be held by the Owner of Hidden Creek 4 Unit and Hidden Creek 9 Unit respectively,
in accordance with Section 42 of the Internal Revenue Code and the regulations promulgated
thereunder.
Section 5.03 Basis of Maximum Annual Assessment
Except as provided below, until the first day of the Association’s next fiscal year following receipt
by the Property of the Certificate of Occupancy from the City of Bozeman, Montana, the maximum
Annual Assessment under this Article V shall be determined in accordance with the initial Budget
of the Association. The first Annual Assessment shall be adjusted according to the number of
months remaining in the initial fiscal year.
If the Board of Directors determines that the initial Annual Assessment is insufficient to meet the
Common Expenses of the Association during the remainder of the Association’s initial fiscal year,
the Board of Directors may, by majority vote, increase that Annual Assessment, subject to approval
by all the Members of the Association.
(a) Commencing on the first day of the next fiscal year following receipt by the
Property of the Certificate of Occupancy from the City of Bozeman, Montana, the
maximum Annual Assessment for any fiscal year may be increased by the Board
above the maximum Annual Assessment for the previous fiscal year, without a vote
of the Membership and effective no sooner than the first day of each fiscal year, in
an amount no more than ten percent (10%). Any increase in the maximum Annual
Assessment which exceeds the maximum increase authorized in this subsection (a)
shall require the vote or written consent of Members representing a majority of the
Hidden Creek 4% Unit Owner and Hidden Creek 9% Unit Owner.
(b) Except as provided in this Section 5.04 the Board of Directors may not fix an
Annual Assessment at an amount which exceeds the maximum set forth in (a)
above.
(c) All expenses relating to the General Common Areas and all expenses relating to
real and personal property taxes and Assessments levied against the Property, shall
be allocated on a pro rata basis among the Units, based upon the ratio of the square
footage in each Unit to the total square footage of the Property, except as
specifically provided in Section 2.08 hereof.
Hidden Creek Condominiums Association, Inc., Declaration Page 14
Section 5.04 Commencement and Collection of Annual Assessments
The Board of Directors shall authorize and levy the amount of the Annual Assessment upon each
Unit, as provided herein, by unanimous vote of the Board. The initial Annual Assessment shall
begin on each Unit of the Project on the first day of the first calendar month following the receipt
by the Property of the Certificate of Occupancy from the City of Bozeman, Montana. All Annual
Assessments shall be assessed equally against the Members and their Unit based upon the
Allocated Interest of each Member. Annual Assessments for fractions of any month involved shall
be prorated. The Board shall fix the amount of the Annual Assessment against each Unit at least
thirty (30) days in advance of each Annual Assessment period. From time to time the Board may
determine that all excess funds in the Operating Fund be retained by the Association and used to
reduce the following year’s Annual Assessments. Upon dissolution of the Association incident to
the abandonment or termination of the Property, any amounts remaining in any of the Maintenance
Funds shall be distributed to or for the benefit of the Members in the same proportions as such
monies were collected from the Members.
Each Member shall pay to the Association its Annual Assessment in installments at such frequency
and in such amounts as established by the Board. Initially, the Annual Assessment shall be
apportioned and collected in monthly installments, due on the first day of each month. Each
Annual Assessment may be paid by the Member to the Association in one check or in separate
checks as monthly payments, or in such other manner as may be determined by the Association.
Declarant may enter into a written maintenance agreement with the Association under which
Declarant shall pay all or any portion of the Common Expenses and perform all or any portion of
the Association’s maintenance responsibilities. Such maintenance agreement may require Owners
to reimburse Declarant, through the Association, for a portion of the costs expended in satisfaction
of Common Expenses.
Section 5.05 Delinquency and Acceleration
Any installment of an Assessment provided for in this Declaration shall become delinquent if not
paid within seven (7) days of the due date as established by the Board of Directors of the
Association. The Board shall be authorized to adopt a system pursuant to which any installment
of Annual Assessments or Special Assessments not paid within seven (7) days after the due date
shall bear interest from the due date until paid at the rate of up to 10% per annum, but in no event
more than the maximum rate permitted by law. In addition, the Board of Directors may require
the delinquent Owner to pay a late charge in accordance with Montana law to compensate the
Association for increased bookkeeping, billing and other administrative costs. No such late charge
shall exceed the maximum amount allowable by law. If any installment of any Assessment is not
paid within thirty (30) days after its due date, the Board may mail a notice to the Owner and to
each Beneficiary of a Unit which has requested a copy of the notice. Such notice shall specify (1)
the fact that the installment is delinquent; (2) the action required to cure the default; (3) a date, not
less than thirty (30) days from the date the notice is mailed to the Owner, by which such default
must be cured; and (4) that failure to cure the default on or before the date specified in the notice
may result in acceleration of the balance of the installments of such Assessment for the then current
fiscal year and sale of the Unit. The notice shall further inform the Owner of its right to cure after
acceleration. Notwithstanding anything herein to the contrary, the limited partner of a Unit Owner
shall have the right, but not the obligation, to cure such defaults. If the delinquent installment of
an Assessment of any charges thereon are not paid in full on or before the date specified in the
Hidden Creek Condominiums Association, Inc., Declaration Page 15
notice, the Board at its option may declare all of the unpaid balance of such Assessment for the
then current fiscal year, attributable to that Owner and its Unit, to be immediately due and payable
without further demand and may enforce the collection of the full Assessment for such fiscal year
and all charge thereon in any manner authorized by law and this Declaration.
Section 5.06 Creation and Release of Lien
All sums other than Special Assessments assessed in accordance with the provisions of this
Declaration shall constitute a lien on the respective Unit prior and superior to all other liens, except
(1) all taxes, bonds, assessments and other levies which, by law, would be superior thereto, (2) the
lien or charge of any Mortgage of record made in good faith and for value and recorded prior to
the date on which the lien became effective, (3) the construction and permanent loan financing
required, including the Owners low income housing tax credit regulatory agreements, for Hidden
Creek 4 Unit, and (4) the construction and permanent loan financing required, including the
Owners low income housing tax credit regulatory agreements, for Hidden Creek 9 Unit.
Notwithstanding the foregoing, any Assessment lien provided for hereunder shall be prior and
superior to any declaration of homestead recorded after the recordation of this Declaration. The
lien shall become effective upon recordation by the Board or its authorized agent of a Notice of
Assessment (“Notice of Lien”) securing the payment of any Assessment or installment thereof,
levied by the Association against any Unit Owner as provided in Montana law. The Notice of Lien
shall state (i) the amount of the Assessment or installment, as the case may be, and other authorized
charges and interest, including the cost of preparing and recording the Notice of Lien, (ii) the
expenses of collection in connection with any delinquent installments, including, without
limitation, reasonable attorneys’ fees, (iii) a sufficient description of the Unit against which the
same has been assessed, (iv) the name and address of the Association, and (v) the name of the
Owner. The lien shall relate only to the individual Unit against which the assessment was levied
and not to the Property as a whole. Upon payment to the Association of the full amount claimed
in the Notice of Lien, or other satisfaction thereof, the Board of Directors shall cause to be recorded
a Notice of Satisfaction and Release of Lien (“Notice of Release”) stating the satisfaction and
release of the amount claimed. The Board of Directors may demand and receive from the
applicable Owner a reasonable charge for the preparation and recordation of the Notice of Release
before recording it. Any purchaser or encumbrancer who has acted in good faith and extended
value may rely upon the Notice of Release as conclusive evidence of the full satisfaction of the
sums stated in the Notice of Lien.
Section 5.07 Enforcement of Liens
It shall be the duty of the Board of Directors to enforce the collection of any amounts due under
this Declaration by one (1) or more of the alternative means of relief afforded by this Declaration.
The lien on a Unit may be enforced by sale of the Unit by the Association, the Association’s
attorneys, any title insurance company authorized to do business in Montana, or other Persons
authorized to conduct the sale as a trustee, after failure of the Owner to pay Assessment, or
installment thereof, as provided herein. The sale shall be conducted in accordance with the
provisions of Montana law, applicable to the exercise of powers of sale in mortgages and deeds of
trust, or in any manner permitted by law; provided, however, that if not otherwise required by law,
the Beneficiary, shall be given notice of such sale in accordance with the Montana Small Tract
Financing Act. Notwithstanding anything herein to the contrary, at any time a Unit Owner has a
limited partner, the limited partner of a Unit Owner shall have the right, but not the obligation, to
cure defaults hereunder during the compliance period under Section 42 Compliance Period
Hidden Creek Condominiums Association, Inc., Declaration Page 16
(defined below). An action may be brought to foreclose the lien of the Association by the Board,
after thirty (30) days from the date on which the Notice of Lien was recorded; provided that at
least ten (10) days have expired since a copy of the Notice of Lien was mailed to the Owner
affected thereby, and subject to the provisions of Section 5.05 if the Board accelerates the due date
of any Assessment installments. The Association, through its agents, shall have the power to bid
on the Unit at foreclosure sale, and to acquire and hold, lease, mortgage and convey the same.
Upon completion of the foreclosure sale, an action may be brought by the Association or the
purchaser at the sale in order to secure occupancy of the defaulting Owner’s Unit and the defaulting
Owner shall be required to pay the reasonable rental value for such Unit during any period of
continued occupancy by the defaulting Owner or any Persons claiming under the defaulting
Owner. Suit to recover a money judgment of unpaid Assessments shall be maintainable without
foreclosing or waiving any lien securing the same, but this provision or any institution of suit to
recover a money judgment shall not constitute an affirmation of the adequacy of money damages.
Any recovery resulting from a suit at law or in equity initiated pursuant to this Section 5.07 may
include reasonable attorneys’ fees as fixed by the court.
Section 5.08 Priority of Assessment Lien
The lien of the Assessments, including interest and costs of collection (including attorneys’ fees),
provided for herein shall be subordinate to the lien of any Mortgage upon any Unit, (i) the
construction and permanent loan financing required for Hidden Creek 4 Unit, including the
Owner’s low income housing tax credit regulatory agreements, and (ii) the construction and
permanent loan financing required for Hidden Creek 9 Unit, including the Owner’s low income
housing tax credit regulatory agreements. Sale or transfer of any Unit shall not affect the
Assessment lien.
ARTICLE VI PROJECT EASEMENTS AND RIGHTS OF ENTRY
Section 6.01 Easements
(a) Access. Declarant expressly reserves for the benefit of the Owners reciprocal,
nonexclusive easements for access, ingress and egress over all of the General
Common Areas, and as applicable any private streets or driveways currently
existing in the Property or subsequently added to it, which easements may be
conveyed by Declarant to the Owners and to the Association for so long as
Declarant owns any interest in the Property.
Subject to the provisions of this Declaration governing use and enjoyment thereof,
the easements may be used by all Owners and their guests, tenants and invitees
residing on or temporarily visiting the Property, for walkways, vehicular access and
such other purposes reasonably necessary for use and enjoyment of a Unit in the
Project.
(b) Maintenance and Repair. Declarant expressly reserves for the benefit of the
Board of Directors and all agents, officers and employees of the Association,
nonexclusive easements over the General Common Areas as necessary to maintain
and repair the General Common Areas, and to perform all other tasks in accordance
with the provisions of this Declaration. Such easements over the General Common
Hidden Creek Condominiums Association, Inc., Declaration Page 17
Areas shall be appurtenant to, binding upon, and shall pass with the title to, every
Unit conveyed.
(c) Utility Easements. Declarant expressly reserves for the benefit of the Association
the right of Declarant to grant additional easements and rights-of-way over the
Property to utility companies and public agencies, as necessary, for the proper
development and disposal of the Property. Such right of Declarant shall expire (i)
upon receipt by the Property of the Certificate of Occupancy from the City of
Bozeman, Montana; or (2) upon a later date if approved by a majority of the
Members.
Section 6.02 Rights of Entry
The Board of Directors shall have a limited right of entry in and upon the General Common Areas
and the interior of all Units for the purpose of inspecting the Project, and taking whatever
reasonable corrective action may be deemed necessary or proper by the Board of Directors,
consistent with the provisions of this Declaration. However, such entry upon the interior of a Unit
shall be made, except to effect emergency repairs or other emergency measures, only after three
(3) days prior written notice to the Owner of such Unit and after authorization of two-thirds (2/3)
of the Board of Directors. Nothing herein shall be construed to impose any obligation upon the
Association to maintain or repair any property or improvements required to be maintained or
repaired by the Owners. Nothing in this Article VI shall in any manner limit the right of the Owner
to exclusive occupancy and control over the interior of its Unit. However, an Owner shall permit
a right of entry to the Board of Directors or any other personal authorized by the Board of
Directors, as reasonably necessary, such as in case of any emergency originating in or threatening
its Unit, whether the Owner is present or not. Any damage caused to a Unit by such entry by the
Board of Directors or by any person authorized by the Board of Directors shall be repaired by the
Board as a Common Expense of the Association. In case of an emergency such right of entry shall
be immediate. Any damage caused to a Unit by such entry by an Owner or its representative shall
be repaired by such Owner.
ARTICLE VII UNIT AND USE RESTRICTIONS
All of the Property shall be held, used and enjoyed subject to the following limitations and
restrictions, subject to the exemptions of Declarant set forth in this Declaration.
Section 7.01 Residential Use Only
The Units designated on the Site Plan as residential shall be used exclusively for residential
purposes. Any change in use within any of the Units must be approved unanimously by the
Members of the Association.
Section 7.02 Parking and Vehicular Restrictions
Following completion of construction of the Buildings and improvements located upon the Units,
no Owner of a Unit shall park, store, or keep anywhere on the Property any large commercial-type
vehicle (including, but not limited to, any dump truck, cement mixer truck, oil or gas truck or
delivery truck). No Person shall park, store, or keep any recreational vehicle (including, but not
limited to, any camper unit, house car or motor home), bus, trailer, trailer coach, camp trailer, boat,
aircraft, mobile home, inoperable vehicle or any other similar vehicle anywhere on the Property.
Hidden Creek Condominiums Association, Inc., Declaration Page 18
In addition, no Person shall park, store, or keep anywhere on the Property any vehicle or vehicular
equipment, mobile or otherwise, reasonably deemed to be a nuisance by the Board. Each Unit
Committee is hereby empowered to establish “parking”, “guest parking’ and “no parking” areas
associated with such Unit. Restoring or repairing of vehicles shall not be permitted anywhere on
the Property. Parking spaces which may constitute a part of the General Common Areas shall be
subject to reasonable control and use limitation by the Association. The Unit Committee with
respect to each Unit, shall determine, in its discretion, whether there is noncompliance with the
parking and vehicular restrictions herein. Without in any way limiting the obligations of the
Owners as elsewhere herein described, the Association, or agency representing the Unit
Committee with respect to a Unit, or its designee, as the case may be, shall have the right, and
shall be obligated, to enforce all parking restrictions herein set forth and to remove any vehicles in
violation thereof in accordance with Montana law with, or other applicable laws, codes, and
statutes, in each case, with respect to such Unit. Vehicles owned operated or within the control of
an Owner, or of a resident of such Owner’s Unit, shall be parked in the assigned parking space(s)
of such Owner (if any) to the extent of the space available therein.
Section 7.03 Nuisances
No noxious or offensive activities (including, but not limited to, the repair of motor vehicles) shall
be carried on upon the Property. No horns, whistles, bells or other sound devices, except security
devices used exclusively to protect the security of a Unit and its contents, shall be placed or used
in any such Unit. No loud noises, noxious odors, noisy or smoky vehicles, large power equipment
or large power tools, unlicensed off-road motor vehicles or items which may unreasonably
interfere with television or radio reception of any Owner in the Project, shall be located, used or
placed on any portion of the Property. The Board of Directors of the Association shall have the
right to determine if any noise, odor, or activity producing such noise or odor constitutes a
nuisance. No Owner shall permit or cause anything to be done or kept upon the Property which
may increase the rate of insurance on Units or on the Property, or result in the cancellation of such
insurance, or which will obstruct or interfere with the rights of other Owners. No Person shall
commit or permit any nuisance on the Property. Each Owner shall comply with all of the
requirements of the local or state health authorities and with all other governmental authorities
with respect to the occupancy and use of a Unit. Each Owner shall be accountable to the
Association and other Owners for the conduct and behavior of children residing in or visiting its
Unit and other family members or persons residing in or visiting its Unit. Any damage to the
General Common Areas, personal property of the Association, or property of another Owner,
caused by such children or other family members or visitors, shall be repaired at the sole expense
of the Owner of the Unit where such children or other family members or persons are residing or
visiting.
Section 7.04 Signs
No sign, poster, display, or other advertising device of any character shall be erected or maintained
anywhere on the Property, or shown or displayed from any Unit, without the prior written consent
of the Board of Directors; provided, however, that the restrictions of this Section 7.04 shall not
apply to any sign or notice of customary and reasonable dimension which states that the Unit is
for rent or sale or identifying signs for a Residential Unit, or any sign that the Act requires the
Association to permit, so long as it is consistent with the standards promulgated by the Unit
Committees. Such sign or notice may be placed within a Unit but not upon any portion of the
General Common Areas. The Board of Directors may erect within the General Common Areas a
Hidden Creek Condominiums Association, Inc., Declaration Page 19
master list of Tenant Spaces which are for lease. Address identification signs and mail boxes shall
be maintained by the Association. This Section 7.04 shall not apply to any signs used by Declarant
or its agents in connection with the construction or alteration of the Units or General Common
Areas, traffic and visitor parking signs installed by Declarant, and traffic and parking control signs
installed with the consent of the Board. Notwithstanding the foregoing, nothing contained in this
Section 7.04 shall be construed in such manner as to permit the maintenance of any sign which is
not in conformance with any ordinances of the City or County in which the Property is located.
Section 7.05 Antennae
No radio station or shortwave operators of any kind shall operate from any Unit or any other
portion of the Property unless approved by the Board of Directors. Satellite dishes or antennae
may not be attached or fixed to the exterior of the Units absent approval of the Association.
Section 7.06 Inside and Outside Installations
No outside installation of any type, including but not limited to, clotheslines, shall be constructed,
erected or maintained on any Unit, excepting antennae installed by Declarant as a part of the initial
construction of a Unit and except as may be installed by, or with the prior consent of the Unit
Committee. No balcony, patio or deck covers, wiring, or installation of air conditioning, water
softeners, or other machines shall be installed on the exterior of a Unit or be allowed to protrude
through the walls or roofs of the buildings (with the exception of those items installed during the
original construction of the Project), unless the prior written approval of the Board of Directors is
secured. Outdoor patio or lounge furniture, plants and barbecue equipment may be maintained
pursuant to rules and procedures of the Board of Directors. Nothing shall be done in any Unit or
in, on, or to the General Common Areas which will or may tend to impair the structural integrity
of any Unit in the Project or which would structurally alter any such except as otherwise expressly
provided herein. There shall be no alteration, repair or replacement of wall coverings within Units
which may diminish the effectiveness of the sound control engineering within the Units in the
Project. No Owner shall cause or permit any construction lien to be filed against any portion of
the Project for labor or materials alleged to have been furnished or delivered to the Project or any
Unit for such Owner, and any Owner who does so shall immediately cause the lien to be discharged
within five (5) days after notice to the Owner from the Board. If any Owner fails to remove such
construction lien, the Board may discharge the lien and charge the Owner a Special Assessment
for such cost of discharge.
Section 7.07 Animal Regulations
No animals, livestock, reptiles, insects, poultry or other animals of any kind shall be kept in any
Unit except that usual and ordinary domestic dogs, cats, fish, and birds inside bird cages may be
kept as household pets within any Unit provided that they are not kept, bred or raised therein for
commercial purposes or in unreasonable quantities or sizes. As used in the Declaration,
“unreasonable quantities” shall ordinarily mean more than two (2) pets per Unit; provided,
however, that the Board may determine that a reasonable number in any instance may be more or
less. The Board shall have the right to limit the size of pets and may prohibit maintenance of any
animal which constitutes, in the opinion of the Board of Directors, a nuisance to any other Owner.
Animals belonging to Owners, occupants or their licensees, tenants or invitees within the Property
must be either kept within an enclosure, an enclosed balcony or on a leash held by a person capable
of controlling the animal. Furthermore, any Owner shall be liable to each and all remaining
Owners, their families, guests and invitees, for any unreasonable noise or damage to Persons or
Hidden Creek Condominiums Association, Inc., Declaration Page 20
property caused by any animals brought or kept upon the Project by an Owner or by members of
its family, its tenants or its guests. It shall be the duty and responsibility of each such Owner to
clean up after such animals which have deposited droppings or otherwise used any portion of the
General Common Areas or on any public street abutting or visible from the Property.
Notwithstanding the above, any Owner shall have the right to further limit or completely forbid
any animal of any sort pursuant to the lease it enters into with its tenants.
Section 7.08 Business or Commercial Activity
No business or commercial activity shall be maintained or conducted on the Property which in in
violation of any Federal, State or local law or regulation, or which is contrary to the purposes of
the Project.
Section 7.09 Rubbish Removal
The Association shall arrange for the containment and removal of trash, garbage, or other waste,
and may bill or assess the costs thereof to the Owners, based on the percentages of square footage
of their Units. No portion of the Property shall be used for the storage of building materials, refuse
or any other materials, except the building materials may be kept on any balcony, deck, patio or
parking space temporarily during construction which has been previously approved by the Unit
Committee.
Section 7.10 Section 42
The Association and the Owners are prohibited from engaging in any activity or from using the
Project for any purpose or use that would cause the loss of tax credits issued pursuant to Section
42 of the Internal Revenue Code on the Hidden Creek 4 Unit and Hidden Creek 9 Unit.
ARTICLE VIII INSURANCE
Section 8.01 Duty to Obtain Insurance; Types
The Board shall cause to be obtained and maintained, with respect to the General Common Areas,
adequate Commercial General Liability, and Umbrella/Excess Liability insurance, with
Commercial General Liability scheduled as underlying policies, with such limits as may be
considered acceptable to the Board, insuring, among other things, against third party claims for
liability for bodily injury, death and property damage arising from the activities of the Association
and its Members, with respect to the General Common Area. The policies shall include an
endorsement adding the Beneficiaries, the Owners, and at any time the Hidden Creek 4% Unit
Owner and Hidden Creek 9% Unit Owner have limited partners, then the limited partners of the
Hidden Creek 4% Unit Owner and Hidden Creek 9% Unit Owner as additional insureds.
Section 8.02 Waiver of Claim Against Association
As to all policies of insurance maintained by or for the benefit of the Association and the Owners,
the Association and the Owners hereby waive and release all claims against one another, the Board
of Directors and Declarant, to the extent of the insurance proceeds available, whether or not the
insurable damage or injury is caused by the negligence of or breach of any agreement by any of
said Persons.
Hidden Creek Condominiums Association, Inc., Declaration Page 21
Section 8.03 Right and Duty of Owners to Insure
The Hidden Creek 4% Unit Owner and the Hidden Creek 9% Unit Owner shall be responsible for
obtaining and maintaining all insurance policies relating to its respective Unit, including but not
limited to, Commercial General Liability, Umbrella/Excess Liability, Builder’s Risk, General
Contractor’s Liability, Architect’s Liability, fire and casualty and any other forms or types of
insurance which the Beneficiaries of each Unit, and at any time the Hidden Creek 4% Unit Owner
and Hidden Creek 9% Unit Owner have limited partners, then the Hidden Creek 4% Unit Owner’s
limited partner, the Hidden Creek 9% Unit Owner’s limited partner, or other party in interest may
now or hereafter require. It is the responsibility of each Owner to provide insurance on its personal
property and upon all other property and improvements within its Unit for which the Association
has not purchased insurance in accordance with Section 8.01 hereof. Nothing herein shall preclude
any Owner from carrying any public liability insurance as it deems desirable to cover its individual
liability for damage to person or property occurring inside its individual Unit or elsewhere upon
the Property. Such policies shall not adversely affect or diminish any liability under any insurance
obtained by or on behalf of the Association, and duplicate copies of such other policies shall be
deposited with the Board upon request.
Section 8.04 Notice of Expiration Requirements
If available, each of the policies of insurance maintained by the Association shall contain a
provision that said policy shall not be canceled, terminated, materially modified or allowed to
expire by its terms, without then (10) days’ prior written notice to the Board and Declarant, and to
each Owner and at any time the Hidden Creek 4% Unit Owner and Hidden Creek 9% Unit Owner
have a limited partner, the limited partner of the Hidden Creek 4% Unit Owner, and the limited
partner of the Hidden Creek 9% Unit Owner during the longer of (a) the compliance period under
Section 42 of the Code with respect to Hidden Creek 4% Unit Owner, or (b) the compliance period
under Section 42 of the Code with respect to Hidden Creek 9% Unit Owner (herein referred to as
the “Section 42 Compliance Period”), and each Beneficiary, insurer and guarantor of a Mortgage
who has filed a written request with the carrier for such notice and every other Person in interest
who requests such notice of the insurer
Section 8.05 Insurance Premiums
Insurance premiums for any coverage obtained by the Association pursuant to Section 8.01 hereof
shall be a Common Expense to be included in the Annual Assessments levied by the Association
and collected from the Owners as provided herein. That portion of the Annual Assessments
necessary for the required insurance premiums shall be separately accounted for by the Association
in the Reserve Fund, to be used solely for the payment of premiums of required insurance as such
premiums become due.
Section 8.06 Trustee for Policies
The Association, acting through its Board of Directors, is hereby appointed and shall be deemed
trustee of the interests of all named insured under policies of insurance purchased and maintained
by the Association. All insurance proceeds under any such policies as provided for in Section 8.01
of this Article shall be paid to the Board of Directors as trustees, subject to the rights of
Beneficiaries. The Board shall have full power to receive and to receipt for the proceeds and to
deal therewith as provided herein. Insurance proceeds shall be used by the Association for the
repair or replacement of the property for which the insurance was carried or otherwise disposed of
as provided in Article VIII of this Declaration. The Board is hereby granted the authority to
Hidden Creek Condominiums Association, Inc., Declaration Page 22
negotiate loss settlements with the appropriate insurance carriers, with participation, to the extent
they desire, of Beneficiaries. Any two (2) officers of the Association may sign a loss claim form
and release form in connection with the settlement of a loss claim, and such signatures shall be
binding on all the named insureds. Notwithstanding the foregoing, there may be named as an
insured, a representative chosen by the Board, including a trustee with whom the Association may
have entered into an insurance trust agreement or any successor to such trustee who shall have
exclusive authority to negotiate losses under any policy providing liability insurance and to
perform such other functions necessary to accomplish this purpose.
Section 8.07 Actions as Trustee
Except as otherwise specifically provided in this Declaration, the Board, acting on behalf of the
Association and all Owners, shall have the exclusive right to bind such parties in respect to all
matters affecting insurance carried by the Association, the settlement of a loss claim, and the
surrender, cancellation, and modification of all such insurance, in a manner satisfactory to the
Beneficiaries. Duplicate originals or certificates of all policies maintained by the Association and
of all renewals thereof, together with proof of payment of premiums, shall be delivered by the
Association to all Owners and Beneficiaries who have requested the same in writing.
ARTICLE IX DESTRUCTION OF IMPROVEMENTS
Section 9.01 Reconstruction of the Property-General Common Areas
Except as otherwise provided in this Declaration, in the event of any destruction of any portion of
the General Common Areas, it shall be the duty of the Association to restore and repair the same
to its former condition, as promptly as practical. The proceeds of any insurance maintained
pursuant to Article VIII hereof for reconstruction or repair of the General Common Areas shall be
used for such purpose, unless otherwise provided herein. The Board shall be authorized to have
prepared the necessary documents to affect such reconstruction as promptly as practical. The
Property shall be reconstructed or rebuilt substantially in accordance with the Site Plan and the
original construction plans if they are available, unless changes recommended by the Unit
Committees have been approved in writing by the Hidden Creek 4% Unit Owner and the Hidden
Creek 9% Unit Owner; and by the Beneficiaries of the Mortgages upon Hidden Creek 4 Unit and
Hidden Creek 9 Unit.
If the amount available from the proceeds of such insurance policies for such restoration and repair
is at least Sixty-five Percent (65%) of the estimated cost of restoration and repair, a Reconstruction
Assessment shall be levied by the Board of Directors to provide the necessary funds for such
reconstruction, over and above the amount of any insurance proceeds available for such purpose.
If the amount available from the proceeds of such insurance policies for such restoration and repair
is less than Sixty-five Percent (65%) of the estimated cost of restoration and repair, the Members
by the vote or written consent of the Hidden Creek 4% Unit Owner and the Hidden Creek 9% Unit
Owner; and by the Beneficiaries of the Mortgages upon Hidden Creek 4 Unit and Hidden Creek 9
Unit, shall determine whether the Board shall levy a Reconstruction Assessment and proceed with
such restoration and repair.
Hidden Creek Condominiums Association, Inc., Declaration Page 23
Section 9.02A Reconstruction of the Property- Hidden Creek 4 Unit and Hidden Creek 9
Unit
In the event of any destruction of all or any portion of Hidden Creek 4 Unit and Hidden Creek 9
Unit it shall be the duty of the applicable Unit Committee of such Unit to reconstruct and repair
the same to its former condition as promptly as practical. The proceeds of any insurance
maintained by the Association pursuant to Article VIII hereof for reconstruction or repair of the
Unit shall be used for such purpose unless otherwise provided herein. The Unit Committees shall
be authorized to undertake such actions to affect such reconstruction (including, but not limited to
obtaining required approvals, preparing necessary documentation, reviewing proposed contract(s)
as promptly as practical. Each Unit shall be reconstructed or rebuilt substantially in accordance
with the original Site Plan and original construction plans to the extent practicable and permitted
by applicable law.
If the amount available from the proceeds of such insurance policies for such reconstruction and
repair is at least Sixty-five Percent (65%) of the estimated cost of reconstruction and repair, a
Reconstruction Assessment shall be levied by the Unit Committee of such Unit and collected by
the Association to provide the necessary funds for such reconstruction, over the and above the
amount of any insurance proceeds available for such purpose, in accordance with the Allocable
Interest of each Unit.
If the amount available from the proceeds of such insurance policies for such reconstruction and
repair of the Unit is less than Sixty-five Percent (65%) of the estimated cost of repair, then:
(a) For reconstruction of Hidden Creek 4 Unit, the decision of whether to rebuild and
be assessed for the insurance shortfall will be made by the Unit Committee of
Hidden Creek 4 Unit.
(b) For reconstruction of Hidden Creek 9 Unit, the decision of whether to rebuild and
be assessed for the insurance shortfall will be made by the Unit Committee of
Hidden Creek 9 Unit.
Section 9.03 Interior Damage
With the exception of any casualty or damage insured against by the Association pursuant to
Section 8.01 of this Declaration, restoration and repair of any damage to the interior of any Unit
including without limitation the Tenant Spaces, all fixtures, cabinets and improvements therein,
together with restoration and repair of all interior paint, wall coverings and floor coverings, shall
be made by and at the individual expense of the Owner of such Unit so damaged. In the event of
a determination to rebuild the Property after partial or total destruction, as provided in this Article
IX, such interior repair and restoration shall be completed as promptly as practical and in a lawful
and workmanlike manner, in accordance with plans approved by the respective Unit Committee
as provided herein.
Section 9.04 Notice to Owners and Listed Mortgages
The Board, immediately upon having knowledge of any damage or destruction, affecting a material
portion of the General Common Areas, shall promptly notify all Owners and Beneficiaries,
insurers and guarantors of Mortgages on Units in the Project and limited partners. The Board,
immediately upon having knowledge of any damage or destruction affecting a Unit, shall promptly
Hidden Creek Condominiums Association, Inc., Declaration Page 24
notify any Beneficiary, insurer or guarantor of any Mortgage encumbering such Unit who has filed
a written request for such notice with the Board, including limited partners.
ARTICLE X DURATION AND AMENDMENT
Section 10.01 Duration
This Declaration shall continue in full force for a term of fifty-five (55) years from the date of
recordation hereof, after which time the same shall be automatically extended for successive
periods of ten (10) years, unless prior to the expiration of such term or any extension thereof a
Declaration of Termination is recorded, meeting the requirements of an amendment to this
Declaration as set forth in Section 10.02 hereof. There shall be no severance by sale, conveyance,
encumbrance or hypothecation of an interest in any Unit from the concomitant Membership in the
Association, as long as this Declaration shall continue in full force and effect.
Section 10.02 Amendment
Notice of the subject matter of a proposed amendment to this Declaration in reasonably detailed
form shall be included in the notice of any meeting of the Association at which a proposed
amendment is to be considered. A resolution adoption a proposed amendment may be proposed
by an Owner at a meeting of all Members of the Association. The resolution shall be adopted by
the vote, in person or by proxy, or written consent of Members. A copy of each amendment shall
be certified by at least two (2) officers of the Association and the amendment shall be effective
when the Certificate of Amendment is recorded.
ARTICLE XI GENERAL PROVISIONS
Section 11.01 Legal Proceedings
Failure to comply with any of the terms of the Restrictions by an Owner, its family, guests,
employees, invitees or tenants, shall be grounds for relief which may include, without limitation,
an action to recover sums due for damages, injunctive relief, foreclosure of any lien, or any
combination thereof. Failure to enforce any provision hereof shall not constitute a waiver of the
right to enforce that provision, or any other provision hereof. The Board, any Owner (not in default
hereunder at the time), or Declarant (so long as Declarant is an Owner) shall be entitled to bring
an action for damages against any defaulting Owner, and in addition may enjoin any violation of
this Declaration. Any judgment rendered in any action or proceeding pursuant to this Declaration
shall include a sum for attorneys’ fees in such amount as the Court may deem reasonable, in favor
of the prevailing party, as well as the amount of any delinquent payment, interest thereon, costs of
collection and court costs. Each remedy provided for in this Declaration shall be cumulative and
not exclusive or exhaustive. Each Owner shall have a right of action against the Association for
the failure by the Association to comply with the Restrictions.
Section 11.02 Violation of Restrictions
Without in any way limiting the generality of the foregoing, if the Board of Directors determines
that there is a violation of any provision of this Declaration, or the Board determines that an
Improvement which is the maintenance responsibility of an Owner is in need of installation, repair,
restoration or painting, then the Board shall give written notice to the responsible Owner of the
condition or violation complained of, and to the Beneficiaries of the Unit owned by such Owner.
Unless the Board has approved in writing corrective plans proposed by the Owner to remedy the
Hidden Creek Condominiums Association, Inc., Declaration Page 25
condition complained of, and an opportunity to cure such violation or to make such installation,
repair, restoration or painting within such period of time as may be determined reasonable by the
Board after it has given said written notice, and such corrective work so approved is completed
thereafter within the time allotted by the Board, the Board, after any applicable notice and cure
period under this Declaration, shall undertake to remedy such condition or violation complained
of, and the cost thereof shall be charged to the Owner and its Unit whose Unit is the subject matter
of the corrective work. Such cost shall be deemed to be a Special Assessment to such Owner and
shall be subject to enforcement and collection by the Board in accordance with the procedures
provided for in this Declaration. The Board may also adopt a schedule of reasonable fines or
penalties which, in its reasonable declaration, it may assess against an Owner for the failure of
such Owner, or of a resident of or visitor to such Owner’s Unit, to comply with any provision of
the Restrictions. Such fines or penalties may only be assessed by the Board after any applicable
notice and cure period under this Declaration. Notwithstanding anything herein to the contrary,
and at any time the Hidden Creek 4% Unit Owner and Hidden Creek 9% Unit Owner have limited
partners, then the limited partner of the Hidden Creek 4% Unit Owner and the limited partner of
the Hidden Creek 9% Unit Owner shall have the right, but not the obligation, to cure such defaults.
Section 11.03 Severability
The provisions hereof shall be deemed independent and severable, and a determination of
invalidity or partial invalidity or unenforceability of any one provision or portion hereof by a court
of competent jurisdiction shall not affect the validity or enforceability of any other provisions
hereof.
Section 11.04 Interpretation
The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating
a uniform plan for the creation and operation of a residential Unit development and for the
maintenance of General Common Areas, and any violation of this Declaration shall be deemed to
be a nuisance. The Article and Section headings, titles and captions have been inserted for
convenience only, and shall not be considered or referred to in resolving questions of interpretation
or construction. As used herein, the singular shall include the plural and the masculine, feminine
and neuter shall include the other, unless the context dictates otherwise.
Section 11.05 No Public Right or Dedication
Nothing contained in this Declaration shall be deemed to be a gift or dedication of all or any part
of the Property to the public, or for any public use.
Section 11.06 No Representations or Warranties
No representations or warranties of any kind, express or implied, have been given or made by
Declarant, or its agents or employees in connection with the Property, or any portion thereof, its
physical condition, zoning, compliance with applicable laws, fitness for intended use, or in
connection with the subdivision, sale, operation, maintenance, cost of maintenance, taxes or
regulation thereof as a Unit, except as specifically and expressly set forth in this Declaration and
except as may be filed by Declarant from time to time with the Department.
Section 11.07 Nonliability and Indemnification
Except as specifically provided in the Restrictions or as required by law, no right, power, or
responsibility conferred on the Board or the Unit Committee by this Declaration, the Articles or
Hidden Creek Condominiums Association, Inc., Declaration Page 26
Bylaws shall be construed as a duty, obligation or disability charged upon the Board, the Unit
Committee, any member of the Board or of the Unit Committee, or any other officer, employee or
agent of the Association. No such Person shall be liable to any party (other than the Association
or a party claiming in the name of the Association) for injuries or damage resulting from such
Person’s acts or omissions within what such Person reasonably believed to be the scope of its
Association duties (“Official Acts”), except to the extent that such injuries or damage result from
such Person’s willful or malicious misconduct. No such Person shall be liable to the Association
(or to any party claiming in the name of the Association) for injuries or damage resulting from
such Person’s Official Acts, except to the extent that such injuries or damage result from such
Person’s negligence or willful or malicious misconduct.
The Association shall pay all expenses incurred by, and satisfy any judgment or fine levied against,
any Person as a result of any action or threatened action against such Person to impose liability on
such Person for its Official Acts, provided that:
(a) The Board determines that such Person acted in good faith and in a manner such
Person reasonably believed to be in the best interests of the Association;
(b) In the case of a criminal proceeding, the Board determines that such Person had no
reasonable cause to believe its conduct was unlawful; and
(c) In the case of an action or threatened action by or in the right of the Association,
the Board determines that such Person acted with such care, including reasonable
inquiry, as an ordinarily prudent person in a like position would use under similar
circumstances.
Any determination of the Board required under this Section 11.07 must be approved by a majority
vote of a quorum consisting of directors who are not parties to the action or threatened action
giving rise to the indemnification. If the Board fails or refuses to make any such determination,
such determination may be made by the vote or written consent of a majority of a quorum of each
class of the Members of the Association, provided that the Person to be indemnified shall not be
entitled to vote.
Payments made hereunder shall include amounts paid and expenses incurred in settling any such
action or threatened action. This Section 11.08 shall be construed to authorize payments and
indemnification to the fullest extent now or hereafter permitted by applicable law.
The entitlement to indemnification hereunder shall inure to the benefit of the estate, executor,
administrator, heirs, legatees, or devisees of any Person entitled to such indemnification.
Section 11.08 Notices
Except as otherwise provided in this Declaration, in each instance in which notice is to be given
to an Owner, the same shall be in writing and may be delivered personally to the Owner, in which
case personal delivery of such notice to one (1) or more co-owners of a Unit shall be deemed
delivery to all co-owners or to the partnership, as the case may be with a copy to:
Hidden Creek Condominiums Association, Inc., Declaration Page 27
Personal delivery of such notice to any officer or agent for the service of process on a corporation
shall be deemed delivery to the corporation. In lieu of the foregoing, such notice may be delivered
by regular United States mail, postage prepaid, addressed to the Owner at the most recent address
furnished by such Owner to the Association or, if no such address shall have been furnished, to
the street address of such Owner’s Unit. Such notice shall be deemed delivered Seventy-two (72)
hours after the time of such mailing, except for notice of a meeting of Members or of the Board of
Directors in which case the notice provisions of the Bylaws shall control. Any notice to be given
to the Association may be delivered personally to any member of the Board, or sent by United
States mail, postage prepaid, addressed to the Association at such address as shall be fixed from
time to time and circulated to all Owners.
Section 11.09 Priorities and Inconsistencies
If there are conflicts or inconsistencies between this Declaration and either the Articles of
Incorporation or the Bylaws of the Association, the terms and provisions of this Declaration shall
prevail. Notwithstanding any other provision herein or in the Articles or Bylaws, the terms,
conditions, rights, and obligations contained in this Declaration shall be subject to any applicable
terms and conditions implemented by a Beneficiary holding a Mortgage on any part of the Property
pursuant to its Mortgage and any related documents.
Section 11.10 Local Jurisdiction Provisions
(a) Mont. Code Ann. § 76-4-122(C) Declaration. The Hidden Creek Condominiums
are excluded from review under the Montana Subdivision and Platting Act as
provided by the following language of Mont. Code Ann. 76-4-125(1)(d)(iii):
“Land divisions excluded from review. (1) A subdivision excluded from the
provisions of chapter 3 must be submitted for review according to the provisions of
this part, except that the following divisions or parcels, unless the exclusions are
used to evade the provisions of this part, are not subject to review:
…
(d) as certified pursuant to 76-4-127:
…
Wincopin Circle LLLP
c/o Enterprise Community Asset Management, Inc.
11000 Broken Land Parkway, Suite 700
Columbia, Maryland 21044
Tel: (410) 964-0552; Fax: (410) 772-2630
Attention: Asset Management
With a copy to:
Email: legal@enterprisecommunity.com
Attention: Chief Legal Officer
Hidden Creek Condominiums Association, Inc., Declaration Page 28
(iii) divisions or parcels of land that are exempt from the Montana Subdivision and
Platting Act review under 76-3-203 or 76-3-207(1)(a), (1)(b), (1)(d), (1)(e), or
(1)(f);”
(b) Termination and Amendment Requirements Pursuant to the Unified
Development Code of the City of Bozeman Chapter 38 (the “UDC Chapter
38”). The City of Bozeman has requested the following additions to the
Declaration:
i. The permission of the City of Bozeman Commission is required before:
(i) The termination or dissolution of the Association;
(ii) Any amendment or alteration of the Unit or General Common Area
boundaries; and
(iii) Any Unit is removed from the Association or the obligations and
requirements imposed by this Declaration.
THIS DECLARATION is dated for identification purposes this _____ day of _______, 2025.
[Signatures on following page]
Hidden Creek Condominiums Association, Inc., Declaration S-1
DECLARANT:
Human Resource Development Council of District IX, Inc.
a Montana nonprofit corporation,
By:
Heather Grenier, Chief Executive Officer
STATE OF MONTANA )
: ss.
County of )
This instrument was acknowledged before me this _____ day of _________, 2025, by Heather
Grenier, as the Chief Executive Officer of Human Resource Development Council of District IX,
Inc.
(SEAL) Notary Public for the State of Montana
Hidden Creek Condominiums Association, Inc., Declaration A-1
EXHIBIT A
Site Plan
Hidden Creek Condominiums Association, Inc., Declaration A-2
Hidden Creek Condominiums Association, Inc., Declaration A-3
Hidden Creek Condominiums Association, Inc., Declaration A-4
Hidden Creek Condominiums Association, Inc., Declaration B-1
Exhibit B
Allocated Interest
Unit Allocated Interest
Hidden Creek 4 Unit 89
Hidden Creek 9 Unit 11
Hidden Creek Condominiums Association, Inc., Declaration C-1
Exhibit C
Articles of Incorporation
Hidden Creek Condominiums Association, Inc., Declaration D-1
Exhibit D
Bylaws
Hidden Creek Condominiums Association, Inc., Declaration E-1
Exhibit E
Certificate of Name
Hidden Creek Condominiums Association, Inc., Declaration F-1
Exhibit F
Certificate of Taxes and Assessments
Hidden Creek Condominiums Association, Inc., Declaration G-1
Exhibit G
Declaration of Certificate of Exemption from Review
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