Lost Bridge Village Community Association, Inc.

Summary by Article

Whereas

2023 Amended Declaration supersedes all prior documents for Lost Bridge Village properties.
Lost Bridge Village Community Association, Inc. holds all rights and obligations.
These covenants apply to all current and future property owners.

Article I

Property Subject to this Declaration and Additions

Properties Covered: Includes Cedar Acres, Country Club, Deerwood, Forest Hills, Lost Bridge Village, Moulder Hollow, Posy Mountain Ranch, Whitney Mountain.
Common Areas: Airstrip, boat ramp, community building, parks, recreation center, pool, tennis courts.
Expansion: Only the Community Association can add new lands under this Declaration.

Article II

Membership and voting rights in the Community Association

Membership: All Record Owners of lots subject to Community Association assessments are members, except those holding interests as security.
Voting Classes: Class A (lots with public water/sewer) and Class C (lots without). Class B no longer exists.
Suspension: Voting and usage privileges are suspended if assessments are delinquent.

Article III

Reserved Properties

Reserved Properties: Certain properties remain privately owned and are not governed by the Declaration unless added later.
Utility Management: The Community Association controls negotiations and agreements for utilities, excluding water and sewer.
Utility Expenditures: The Association may use funds to secure utility services as a common expense.

Article IV

Plan for Construction and Maintenance of Common Property

Water Systems: The Association decides when and where to build, with no obligation if not feasible.
Roads and Streets: Construction timing and maintenance are determined by the Association and County.
Parks and Recreation: The Association may build and maintain parks, but only if funds allow.

Article V

Property Rights of the Common Properties

Owner Rights: All Record Owners have an easement of enjoyment in the Common Properties, subject to Article VI and Section Three.
Community Association Rights: The Association can borrow money, make rules, suspend privileges, charge fees, and grant easements related to the Common Properties.
Approval for Changes: Dedicating, selling, or leasing Common Properties requires approval from a majority of voting Record Owners.

Article VI

Covenant for Maintenance Assessment

Assessment Obligation: Record Owners are required to pay annual and special assessments, which become a continuing lien on the property.
Use of Assessments: Funds are used for maintenance, improvements, and services to promote the health, recreation, safety, and welfare of the community.
Delinquent Payments: Unpaid assessments accrue interest and may lead to a lien foreclosure; fees and legal costs are added to the amount due.

Article VII

Exterior Maintenance

Owner Responsibility: Record Owners must maintain the exterior of their properties, including buildings, drainage ditches, and culverts, ensuring they are free from obstructions and comply with regulations.
Association's Role: If neglected, the Community Association may perform maintenance and charge the owner.
Right of Entry: The Association can enter the property with notice to do necessary work.

Article VIII

General Provisions

Applicability: All property documents are subject to these provisions.
Dedication: Streets are public; utility easements are reserved.
Reservations: Association retains rights for utilities and can lease or sell them.
Duration: Provisions extend automatically for 5 years; amendments need majority approval and recording.
Enforcement: Legal action can address violations; non-enforcement does not waive future rights.
Notices: Notices are deemed received 7 days after mailing.
Invalidation: Invalid provisions do not affect others.
Community Association Rights: Association can transfer rights and will be released from liability.

Article IX

General Restrictions

Residential Use: Lots are for residential purposes only; no commercial signage, overnight camping, or living in trailers allowed.
Animals: Pets are allowed but must not be a nuisance; livestock and poultry have specific restrictions, with some exceptions in Posy Mountain Ranch.
Lot Maintenance: Lots must be kept clean and sanitary; storage of unsightly or hazardous materials is prohibited.
Signs: Only certain signs are allowed, including those for traffic control, real estate, and temporary events; all others will be removed by the Association.
Firearms: No hunting or firearms allowed, except specific rules apply to Posy Mountain Ranch for bow and arrow and similar activities under certain conditions.
Mining and Drilling: No oil drilling, mining, or similar operations are allowed; alternative energy sources may be approved.
Noise and Lighting: Excessive noise, bright lights, and speeding are prohibited; violations reported to authorities.
Clearing Land: No clearing of unimproved lots without a permit; limited clearing is allowed for non-commercial agricultural use in Posy Mountain Ranch.

Article X

Building and Construction

Approval Required: No construction or alterations without ACC approval, considering design, materials, and site.
Architectural Control: The ACC of LBVCA oversees approvals and sets standards.
Use: Only single-family homes allowed; adjoining lots can be combined for one dwelling if both are member lots.
Permit: A Building Permit is required before starting construction, with a 60-day review period.
Single-Family Dwelling: One dwelling per lot; large lots can be subdivided with approval.
Restrictions: New homes must be at least 1500 sq. ft.; variances may be granted.
Setback: Buildings must be 20 ft. from the front and 10 ft. from the sides; ACC can adjust setbacks.
Drainage: Proper drainage structures required; no vehicle access obstruction.
Material Storage: No storage on lots before a permit; temporary blockages need signage.
Refuse: No refuse on streets or adjacent lots; dumpsters required for construction.
Temporary Structures: No temporary residences; vehicles allowed for storage during construction.
Occupancy: Must connect to approved sewage and water; Occupancy Permit required.
Screening: No structures over 3 ft. in front yards; fences up to 6 ft. allowed in rear/side yards.
Codes: Adhere to current building codes as per the ACC bulletin.
Fees and Completion: Performance Deposits and Fees are required; construction must be completed in 18 months.
Posy Mountain Ranch: Agricultural structures allowed with ACC approval.
Mobile Homes: Must be replaced with homes of at least 1500 sq. ft.; modular homes permitted.

Exhibits

Subdivisions (Covenant and Plat Filings)

Catalogs various subdivisions and sections within Lost Bridge Village and Posy Mountain Ranch in Benton County. It details specific covenants (restrictions or agreements) and plat filings (official maps or surveys of the subdivisions). Each entry includes the subdivision or section name, the location of the declarations in the county's deed records, and the location of the plat in the plat records.

For example:

Cedar Acres Subdivision, Lost Bridge Village, Section 1 is listed with its declarations found in Deed Record 446, Page 146, and its plat is recorded in Plat Record "O", Page 20.

This serves as a legal reference for where to find the official documents that govern land use and the layout of these areas.

Non-Member Lots

Lists Non-member lots in the Lost Bridge Village and Posy Mountain Ranch subdivisions. These lots are subject to the Declaration of Covenants, Conditions, Restrictions, and Reservations, but their owners are not members of the Lost Bridge Village Community Association. Consequently, they:

Do not pay assessments as required by Article VI.
Cannot access facilities, amenities, or property owned by the Lost Bridge Village Community Association.

However, these non-member property owners have the option to sign a Non-Member to Member Agreement, which would subject them to assessments and grant them the rights of association members.

The exhibit lists specific lots within various subdivisions that fall under this non-member category.

Affidavit (For Class C Property Owners)

Affidavit that certifies certain lots as a Single Assessment Unit for the purpose of paying a single maintenance assessment to the Lost Bridge Village Community Association, Inc. Here’s a summary of the key points:

Record Owner(s): The person(s) signing the affidavit certify they are the record owners of specific lots.
Conditions for Single Assessment Unit:
1. The lots are contiguous (adjacent).
2. The lots are held under common ownership, with proof provided through recorded deeds.
3. The total area of the lots is five acres or less.
4. The lots are limited to one improved lot, which is identified as the anchor lot.

Single Assessment Unit: This group of lots will be treated as a single property for the purpose of paying one maintenance assessment.
Affidavit Nullification: If any part of the property is sold, transferred, or if more than one improved lot is developed, the affidavit becomes null and void. The owner has 30 days to apply for a new affidavit to avoid additional assessments.
Delinquency Consequences: If maintenance assessments become 60 days delinquent, the Single Assessment Unit status is revoked, and the properties revert to single lot status, making them individually assessable.
Voting Rights: The Single Assessment Unit is entitled to one vote regardless of the number of lots combined.

The affidavit must be signed by the owner(s) of record and notarized in the appropriate state and county.

Implementation Date

Outlines the implementation dates for the Amended Declaration of Covenants, Conditions, Restrictions, and Reservations

Agreement

Formal execution of the Amended Declaration by the Lost Bridge Village Community Association, Inc., indicating that the association agrees to fulfill the obligations laid out in the document.

Key elements of the agreement include:

Execution by Corporate Officers: The agreement is signed by the President (Brittany Cox) and the Secretary (Stacy Thompson) of the Board of Trustees, both of whom are duly authorized to sign on behalf of the association.
Multiple Counterparts: The declaration can be executed in multiple copies, with each copy being considered an original.
Date: The specific date of execution is to be filled in when the document is signed.
Notarization: A Notary Public (Kendra Taylor) certifies that Brittany Cox and Stacy Thompson appeared before them and confirmed their authority and intent to sign the document on behalf of the corporation. The notary also affirms that they witnessed the signing of the document.

This ensures the legality and binding nature of the document.

Lost Bridge Village Community Association

Declaration of Covenants, Conditions, Restrictions, and Reservations