Stonebrook Homeowners Association
The covenants running with the land can be changed at two different times, with different rules as to each.
First, the covenants can be AMENDED which can happen at ANY time, no matter what. That requires a 75% vote to accomplish.
Second, the covenants only last for 20 years. Technically, once twenty years has passed, they automatically renew for an additional 10 years (and so forth) UNLESS at the time the 20 years (or any 10 year period passes) a MAJORITY (not 75%) of the then current owners have signed a document agreeing to change said covenants in whole or in part as GENERAL PROVISIONS. That document must be recorded against ALL of the lots but only needs to be signed by a majority of the lot holders, presumably PRIOR to the 20 year or 10 year anniversary of the date the covenants are recorded.
Protective Covenants PROPOSAL 2020
1. LAND USE AND BUILDING TYPE [PROPOSAL 2020 combine]. No lot shall be used except for residential purposes. No building shall be erected upon any of the lots other than one detached single-family dwelling, with at least a two car garage, not to exceed two stories in height. No pre-built or log homes of any nature shall be permitted on any lot, nor shall any condominium or apartment or other multiple dwelling structure be built.
LAND USE AND BUILDING TYPE [Division 1, Division 2, Division 3, Division 4, Division 5]. No lot shall be used except for residential purposes. No building shall be erected upon any of the lots other than one detached single-family dwelling, not to exceed two stories in height, and a private garage. No pre-built or log homes of any nature shall be permitted on any lot, nor shall any condominium or apartment or other multiple dwelling structure be built.
LAND USE AND BUILDING TYPE [Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No lot shall be used except for residential purposes. No building shall be erected upon any of the lots other than one detached single-family dwelling, with at least a two car garage, not to exceed two stories in height. No pre-built or log homes of any nature shall be permitted on any lot, nor shall any condominium or apartment or other multiple dwelling structure be built.
2. ARCHITECTURAL CONTROL [PROPOSAL 2020 combine] No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship, material and color harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street (front or side) than the minimum building setback line as set forth in the zone ordinance of the City of Idaho Falls, Idaho, unless similarly approved by the Architectural Committee. When construction is started on a home, owner has one year to complete construction unless extension is approved by Architectural Control Committee.
ARCHITECTURAL CONTROL [Division 1, Division 2] No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship, material and color harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street (front or side) than the minimum building setback line as set forth in the zone ordinance of the City of Idaho Falls, Idaho, unless similarly approved by the Architectural Committee. When construction is started on a home, owner has one year to complete construction unless extension is approved by Architectural Control Committee.
ARCHITECTURAL CONTROL [Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16 No building shall be erected placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship, material and color harmony of external design with existing structures, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street (front or side) than the minimum building 30 foot setback line as set forth in the zone ordinance of the City of Idaho Falls, Idaho, unless similarly approved by the Architectural Committee. When construction is started on a home, owner has one year to complete construction unless extension is approved by Architectural Control Committee.
3. DWELLING SIZE [PROPOSAL 2020 combine]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1500 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1500 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
DWELLING SIZE [Division 1, Division 2]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1600 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1600 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 2500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
DWELLING SIZE [Division 3, Division 4]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1750 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1750 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 2500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.
DWELLING SIZE [Division 5]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1650 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1750 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1750 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.
DWELLING SIZE [Division 6, Division 7, Division 9, Division 10]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1600 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1600 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1600 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
DWELLING SIZE [Division 8]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1500 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1500 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1500 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2000 square feet.
DWELLING SIZE [Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. For a single-story dwelling (with or without basement), exclusive of open porches and garages, the ground floor shall be not less than 1700 square feet. For a split-level, exclusive of open porches and garages shall be not less than 1700 square feet. For a split-entry home, the combined area of the top two levels shall be not less than 1700 square feet. For a two-story home, the combined area of the top two levels shall be not less than 2200 square feet.
4. BUILDING LOCATION [PROPOSAL 2020 combine]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer to any other property line than the city code requires (side or back). For the purposes of the covenant, said distances are to be measured from the foundation.
BUILDING LOCATION [Division 1, Division 2]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or a back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
BUILDING LOCATION [Division 3, Division 4, Division 5, Division 7]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, 30 feet, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or a back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
BUILDING LOCATION [Division 6, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13]. No building shall be located on any lot line or nearer to the street line than the minimum building setback lines, 30 feet, as set forth in the Zoning Ordinance of the City of Idaho Falls, Idaho. No building shall be located nearer than 10 feet to a side lot line or 25 feet from back lot line. For the purposes of this covenant, said distances are to be measured from the foundation.
BUILDING LOCATION [Division 14, Division 15, Division 16]. No building shall be located nearer than 30 feet to any street side property line (side or front). No building shall be located nearer to any other property line than the city code requires (side or back). For the purposes of the covenant, said distances are to be measured from the foundation.
5. LOT AREA AND WIDTH [PROPOSAL 2020 no change]. No lot may be subdivided to less than 80 feet in width nor shall any dwelling be erected or placed on a lot having a width of less than 80 feet. Said distances shall be measured 50 feet from the front of the lot. No dwelling shall be erected or placed on any lot having an area of less than 9000 square feet.
6. EASEMENTS [PROPOSAL 2020 no change]. Easements for installation and maintenance of utilities, irrigation and drainage facilities are reserved by the grantors as shown on the recorded plat.
7. ACCESS FROM ARTERIAL STREETS [PROPOSAL combine with no change]. Ingress and egress to the lots of Stonebrook Addition, shall not be permitted from Sunnyside Road, except on platted streets of the Stonebrook Addition.
ACCESS FROM ARTERIAL STREETS [Division 1, Division 2, Division 3, Division 4, Division 5]. Ingress and egress to the lots of Stonebrook Addition, Division [#1 #2 #3 #4 #5] shall not be permitted from Sunnyside Road, except on platted streets of the Stonebrook Addition.
ACCESS FROM ARTERIAL STREETS blank [Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16] does not apply.
8. SCREENING FENCES [PROPOSAL 2020 combine with no change]. In the event the grantor installs fencing along city arterial streets, such as Sunnyside Road, a purchaser of a lot on which such fencing is constructed shall have the duty and responsibility of maintaining such fence and shall not be permitted to make any substantial alterations to fence or change the fencing material.
SCREENING FENCES [Division 1, Division 2, Division 3, Division 4, Division 5, Division 7]. In the event the grantor installs fencing along city arterial streets, such as Sunnyside Road, a purchaser of a lot on which such fencing is constructed shall have the duty and responsibility of maintaining such fence and shall not be permitted to make any substantial alterations to fence or change the fencing material.
SCREENING FENCES blank [Division 6, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16] does not apply.
9. NUISANCES [PROPOSAL 2020 no change]. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. No satellite dishes or radio towers shall be permitted.
10. TEMPORARY STRUCTURE [PROPOSAL 2020 modernize]. No structure of a temporary character shall be used on any lot at any time as a residence either temporarily or permanently. No outbuildings may be constructed unless first approved by the Architectural Control Committee. No trailer will be parked in front of house, on a street or driveway, including side streets of corner lots. The area next to the garage may be used for parking of such vehicles if fenced and approved by the Architectural Control Committee.
TEMPORARY STRUCTURE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. No outbuildings may be constructed unless first approved by the Architectural Control Committee. No house trailer, motorhome, boat or camper will be parked in front of house, on a street or driveway, including side streets of corner lots. The area next to the garage may be used for parking of such vehicles if fenced and approved by the Architectural Control Committee.
11. SIGNS [PROPOSAL 2020 no change]. No permanent sign of any kind shall be displayed to the public view on any lot, except one sign of not more than one square foot showing the owner’s name and conventional house number sign, or for sale or builders advertising sign of not more than five square feet.
12. GARAGE AND REFUSE DISPOSAL [PROPOSAL 2020 no change]. No rubbish, trash, garbage or other wastes shall be dumped on any vacant. All such wastes shall be kept in clean, sanitary containers.
13. LIVESTOCK and POULTRY [PROPOSAL 2020 no change]. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not bred or maintained for any commercial purposes.
14. KINDERGARTENS AND SCHOOLS [PROPOSAL 2020, no change]. No lot or building thereon shall be used as a school, kindergarten or child day care center.
15. TREES [PROPOSAL 2020, modernize]. The owner of each lot will be required to plant one or two trees on the front of each lot depending on width of lot. The owner of each lot will be required to maintain such trees as set forth in the zone ordinance of the City of Idaho Falls, Idaho.
TREES [PROPOSAL 2020, modernize] Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Grantors will plant one or two trees on the front of each lot depending on width of lot. The purchaser of each lot will be required to maintain such trees.
16. SIDEWALKS [PROPOSAL 2020, modernize] The owner of each lot shall be required to construct and maintain a sidewalk as set forth in the zone ordinance of the City of Idaho Falls, Idaho.
SIDEWALKS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The owner of each lot shall be required to construct a sidewalk that complies with all applicable ordinances at the lot owner’s expense not later than the time any residence constructed on the lot is completed and ready for occupancy.
17. ARCHITECTURAL CONTROL COMMITTEE [PROPOSAL 2020, modernize]. The Architectural Control Committee is composed of members of the Stonebrook Home Owners Association Board. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. The record owners of a majority of the lots shall have the power to change the membership of the committee or to withdraw from or restore to the committee any of its powers and duties.
ARCHITECTURAL CONTROL COMMITTEE [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Architectural Control Committee is composed of Robert W. Utterbeck, [Jacqueline Utterbeck for Division #1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13], [David Addiego for Division #2], and [Danny Utterbeck for Division #14 #15 #16]. A majority of the committee may designate a representative to act for it. In the event of the death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representatives shall be entitled to any compensation for services performed pursuant to this covenant. After all the lots have been sold by the grantors the record owners of a majority of the lots shall have the power to change the membership of the committee or to withdraw from or restore to the committee any of its powers and duties.
18. PROCEDURE [PROPOSAL 2020, no change]. The committee’s approval or disapproval as required in these covenants shall be in writing. In the event the committee, or it’s designated representative, fails to approve or disapprove proposed plans within thirty (30) days after written plans and specifications have been submitted to it, approval will not be required and the related covenants shall be deemed to have been fully complied with.
19. VARIANCES [PROPOSAL 2020, no change]. The Architectural Committee shall have the option of permitting variances to the building restrictions where size and shape of lot or topography make strict application of the restrictions impractical or difficult. The prime concern of the Architectural Committee will be that design, exterior, finish, and location harmonize with and compliment the natural environment to the fullest extent practicable. Request for variances shall be made to the Committee in writing, within thirty (30) days of the request.
20. COMPLIANCE [PROPOSAL 2020, no change]. Any question or dispute as to whether a particular lot is being used within these restrictions shall be submitted to the Architectural Committee. The committee shall make this determination within thirty (30) days. Its determination shall be final and binding upon the owners of said lots. The committee’s approval or disapproval required in this Declaration shall be in writing.
21. FINALITY [PROPOSAL 2020, no change]. The Architectural Committee’s decision shall be final and binding upon all parties concerned.
22. NON-LIABILITY OF COMMITTEE MEMBERS [PROPOSAL 2020, combine]. Neither the Committee nor any member thereof shall be liable to the Association, or to any owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee’s duties hereunder, unless due to the willful misconduct or bad faith of the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color scheme, exterior finishes, materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.
NON-LIABILITY OF COMMITTEE MEMBERS [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. Neither the Committee nor any member thereof shall be liable to the Association, or to any owner for any loss, damage or injury arising out of or in any way connected with the performance of the Committee’s duties hereunder, unless due to the willful misconduct or bad faith of the Committee. The Committee shall review and approve or disapprove all plans submitted to it for any proposed improvement, alteration or addition, solely on the basis of aesthetic considerations and the overall benefit or detriment which would result to the immediate vicinity and Stonebrook Addition Division [#1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] generally. The Committee shall take into consideration the aesthetic aspects of the architectural designs, placement of buildings, landscaping, color scheme, exterior finishes, materials and similar features, but shall not be responsible for reviewing, nor shall its approval of any plan or design be deemed approval of, any plan or design from the standpoint of structural safety or conformance with building or other codes.
23. THE STONEBROOK HOMEOWNERS ASSOCIATION [PROPOSAL 2020, combine with no change]. The Stonebrook Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its percentage of each assessment determined by dividing one by the total number of lots eligible for membership in the Homeowners Association. The organization and authority of the Stonebrook Homeowners Association are set forth in the Articles of Incorporation and the By-Laws of such Association.
THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 1, Division 2]. The Stonebrook Addition, Division [#1 #2] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division [#1 #2] for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its percentage of each assessment determined by dividing one by the total number of lots eligible for membership in the Homeowners Association. The organization and authority of the Stonebrook Addition, Division [#1 #2] Homeowners Association are set forth in the Articles of Incorporation and the By-Laws of such Association.
THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 3, Division 4]. The Stonebrook Addition, Division [#3 #4] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division 3 for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its percentage of each assessment determined by dividing one by the total number of lots eligible for membership in the Homeowners Association. The organization and authority of the Stonebrook Addition, Division 1 Homeowners 3 Association are set forth in the Articles of Incorporation and the By-Laws of such Association, and shall be made a part of the associations of Division 1 and 2.
THE STONEBROOK ADDITION, HOMEOWNERS ASSOCIATION [Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. The Stonebrook Addition, Division [#5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] Homeowners Association shall be created to own, manage and care for the common areas designated lot A and lot B. The Officers and Directors of the Association shall have the power to enforce any and all of the conditions, covenants and restrictions set forth herein and shall have the power to levy assessments on the owners of lots within Stonebrook Addition, Division [#5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] for the purposes of enforcing compliance with these convents and restrictions, and maintaining the common area. Each lot shall be liable for its assessment, assessed at time of lot purchase from developer. The organization and authority of the Stonebrook Homeowners Association are set forth in the Articles of Incorporation and the By-Laws of such Association, and shall be made a part of the association.
24. GENERAL PROVISIONS [PROPOSAL 2020 no change]. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty (20) years from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or part.
25. ENFORCEMENT [PROPOSAL 2020 no change]. Enforcement shall be by proceeding at law or in equity against any person or persons violating or attempting to violate any covenants, by such person or persons claiming such violation, wither to restrain violation or to recover damages; and the Architectural Control Committee has no responsibility for such enforcement as such covenants are running with the land and shall be enforced as set out herein.
26. SEVERABILITY [PROPOSAL 2020 no change]. Invalidation of any one of these covenants by judgment or court order shall be in no wise effective on any of the other provisions which shall remain in full force and effect.
27. AMENDMENT [PROPOSAL 2020, modernize]. These Protective Covenants may be amended by the vote of Seventy-Five Percent (75%) of the owners of the lots.
AMENDMENT [Division 1, Division 2, Division 3, Division 4, Division 5, Division 6, Division 7, Division 8, Division 9, Division 10, Division 11, Division 12, Division 13, Division 14, Division 15, Division 16]. These Protective Covenants may be amended only as provided in this paragraph. So long as the grantors own any of the lots these Protective Covenants may be amended by the grantors if Seventy-Five Percent (75%) of the other lot owners concur. At such time as the grantors own no lots in Stonebrook Addition, Division [#1 #2 #3 #4 #5 #6 #7 #8 #9 #10 #11 #12 #13 #14 #15 #16] these Protective Covenants may be amended by the vote of Seventy-Five Percent (75%) of the owners of the lots.
