1998 Amended Bylaws

A MONTANA NON-PROFIT CORPORATION

As approved and Adopted by the Board of Directors (BOD) and Membership at its Annual Meeting on October 10, 1998. 
These Bylaws shall fully replace and supercede any and all previous Bylaws, recorded or unrecorded.

 

WHEREAS, PTARMIGAN OWNERS ASSOCIATION, INC. was formed upon the development of certain real property located in Flathead County, Montana and more particularly described in Exhibit "A" attached hereto and by this reference incorporated herein, and,
WHEREAS, said property was subjected to certain Covenants, Bylaws and Restrictions as recorded in Book 540 at Page 438 and following of the official records of the Clerk and Recorder of Flathead County, Montana, to be known commonly as Ptarmigan Village (PV):
WHEREAS, said Association incorporated as a non-profit corporation in the State of Montana, under the name of Ptarmigan Owners Association, Inc.; and
WHEREAS, said Association and its members value the property's alpine environment and family oriented residential and vacation community; and
WHEREAS, said Association and its members desire and intend to preserve and improve its environment and community, assuring long term financial stability and engendering its shared community spirit of cooperative living.
NOW THEREFORE, said corporation has adopted the following Amended Bylaws:

ARTICLE I:  DEFINITIONS

1. "ASSOCIATION" means PTARMIGAN OWNERS ASSOCIATION, INC. a Montana non-profit corporation.
2. "РТARMIGAN VILLAGE" means the land described on attached Exhibit A, together with the improvements thereon and any and all future additions and improvements thereto.

3. "COVENANTS" means the restrictive, protective and other covenants running with the land which govern the use of land in Ptarmigan Village as described on Exhibit A.
4. "UNIT" means a condominium unit within Ptarmigan Village.
5. "LOT" means a single family residence lot within Ptarmigan Village.
6. "OWNER" means any owner or any contract purchaser of any lot or unit. Though singular, owner includes joint owners, tenants in common, and all persons or entities possessing a lawful ownership interest in any part of Ptarmigan Village.
7. "СОMMON ELEMENTS" means all real property held by the Association for the common use, enjoyment or benefit of the owners. The common elements consist of all real property which, on the plat or maps describing said area, and/or in the covenants relating thereto, is identified as common area. All permanent structures, fixtures and improvements upon the common area, including particularly roads and utility systems, shall be deemed common elements.
8. "LIMITED COMMON ELEMENTS" means those elements shared by the units of a condominium building such as exterior stairs, walkways, bridges and decks, as well as exterior elements such as roofs, roof vents, chimneys, exterior doors and exterior walls.
9. "INDIVIDUAL ELEMENTS" means all improvements to lots and residences on lots, as well as all interior improvements in a unit in a condominium building which are located inside the outer walls and doors, including but not limited to windows, interior doors, floor coverings, interior paint and wallpaper, appliances and fireplaces.
10. "СOMMON EXPENSES" means any expense incurred in connection with the common elements or otherwise incurred for the benefit, directly or indirectly, of all units and lots, including but not limited to insurance premiums and deductibles applicable to the common elements.
11. "LIMITED COMMON EXPENSES" means any expense incurred in connection with the limited common elements or otherwise incurred for the direct benefit of fewer than all units and lots, including but not limited to insurance premiums and deductibles applicable to the limited common elements.

 

SECTION 1. Membership: The membership of the Association shall consist of and be limited to the owners of units and lots within Ptarmigan Village. One Association membership shall be appurtenant to each unit or lot and shall pass therewith to all successive persons or entities who become owners of such unit or lot.
SECTION 2. Voting Privileges: Each unit or lot is entitled to one vote at Annual and Special Member Meetings, provided the member's account is less than 30 days in arrears. Where a unit or lot is owned by more than one person or entity, the voting privileges may be exercised by any one of the owners, and such owner shall be presumed to have actual authority to cast the vote for all owners of such unit or lot, unless one or more such owners notify the Board of Directors in writing that the joint owners are in a disagreement between themselves as to which of the owners is delegated to cast the votes for such unit or lot. Pending notification to the Board of Directors that the disagreement has been resolved among the joint owners, the voting privileges appurtenant to the unit or lot shall be suspended. Voting privileges may also be suspended after notice for infraction of published rules and regulations.
SECTION 3. New Members: Admission of additional units or lots to the Association and conditions of admission shall be approved by two-thirds (2/3) of the existing membership at such time, with or without a meeting.
SECTION 4. Annual Meetings: There shall be a regular annual meeting of the members of the Association which shall be held on a Saturday in October of each year at such convenient location as may be specified in the notice of such meeting.
SECTION 5. Special Meetings: Special meetings of the members may be called by the President, the Secretary or any two members of the Board of Directors. A special meeting shall be called at the written request of members having at least 25% of the votes entitled to be cast at such meetings.
SECTION 6. Notice: Each member of the Association shall be given notice of all regular and special meetings at least 10, but not more than 60 days prior to the date specified. Notices shall be to the member's address as recorded in the Association's records. The notice shall state the purpose, agenda, time and place of the meeting.
SECTION 7. Proxies: A member may vote in person or by proxy. Proxies shall be executed in writing by the member or by his duly authorized attorney in fact and shall be directed to the Secretary of the Association prior to such meeting.

SECTION 8. Quorum: The quorum required to validate action taken at any regular or special membership meeting shall be one-third of the membership (total of unit and lot owners) holding unsuspended voting privileges.
SECTION 9. Majority Vote: The vote of a majority of unit and lot owners at a meeting at which a quorum shall be present shall be binding upon all unit and lot owners for all purposes except where in the Declaration or these Amended Bylaws a higher percentage vote is required
SECTION 10. Adjournment of Meetings: If any meeting of the unit and lot owners cannot be held because a quorum has not attended, a majority of the unit and lot owners who are present at such meeting, either in person, or by proxy, may adjourn the meeting to a time not less than forty-eight (48) hours from the time the original meeting was called.

 

SECTION 1. Designation: The affairs of the Association shall be managed by the Board of Directors (BOD) of the Association.
SECTION 2. Number: The BOD shall consist of 6 persons plus the Past President, if the Past President is not a Director. Each Director shall be a member of the Association or a member's designee.
SECTION 3. Election of Directors and Term of Office: Directors will serve for two years. Directors will be elected at the Annual Member Meeting of the Association. The terms of Directors will be staggered such that three Directors are elected annually. If more than three Directors are to be elected in order to fill vacancies, the three Directors receiving the most votes shall serve for two years, the others will serve one year. There is no limit to the number of terms a Director may serve.
SECTION 4. Compensation of Directors. Directors shall not receive compensation for their services. Any Director may be reimbursed for actual expenses incurred in the performance of Association duties. Any such reimbursement shall constitute a common expense.
SECTION 5. Special Meetings. Special meetings of the BOD may be called by the President upon five (5) business days notice to each Director, given in writing by mail, or otherwise, which notice shall state the time, place and purpose of the meeting. Special meetings of the Board of Directors shall be called by the President or Secretary in like manner and like notice on the written request of at least three (3) Directors.

SECTION 6. Waiver of Notice. Any Director may, at any time, waive notice of any meeting of the BOD in writing, and such waiver shall be deemed equivalent to the giving of such notice. Attendance by a Director shall constitute a waiver of notice by said Director of the time and place thereof. If all the members of the BOD are present at any meeting of the Board, no notice shall be required and any business may be transacted at such meeting.
SECTION 7. Quorum of BOD. At all meetings of the BOD, 50% of the members thereof shall constitute a quorum for the transaction of business, and the votes of a majority of the Directors present at any meeting at which a quorum is present shall constitute the decision of the BOD.  
SECTION 8. Fidelity Bonds. The BOD may obtain adequate fidelity bonds for all officers and employees of the Association handling or responsible for Association funds. The premiums on such bonds shall constitute a common expense.
SECTION 9. Liability. Directors and the Association's duly selected agents, including but not limited to the Association's officers, general manager, employees and committee members, shall not be liable to unit or lot owners for any mistake of judgment, negligence, act or omission, except for their own individual willful misconduct or bad faith. The unit and lot owners shall indemnify and hold harmless each of the members of the BOD against all contractual liability to others arising out of contracts made by the BOD on behalf of the property unless such contract shall have been made in bad faith or contrary to the provisions of the Declaration of these Bylaws. When acting as the BOD, individual Directors shall have no personal contractual liability except to the extent of such liability as arises by virtue of being a unit or lot owner within Ptarmigan Village.
SECTION 10. Removal of Directors. At any regular or special meeting of members, any one or more of the Directors may be removed with cause by a vote of two-thirds (2/3) of the members and a successor may then and there or thereafter be elected to fill the vacancy thus created. Any Director whose removal has been proposed by the unit and lot owners shall be given an opportunity to be heard at the meeting.
SECTION 11. Vacancies. Vacancies in the BOD caused by any reason, other than the removal of a Director by a vote of the members shall be filled by vote of a majority of the remaining Directors at a special meeting held for that purpose promptly after the occurrence of any such vacancy, even though the Directors present at such meeting may constitute less than a quorum, and each person so elected shall be a Director for the remainder of the term of the Director so removed.
SECTION 12. Conflict of Interest. Should a person elected to the BOD find himself or herself, or be deemed by the remaining Directors to be in conflict with the goals and interests of the Association in any matter before the Board, that person shall be disqualified from any decision of the Board on that particular issue. If said conflict is of a continuing nature said person shall resign from the BOD.
SECTION 13. Board Meetings. The Directors shall hold as many meetings per year as are necessary for the proper operation of the Association. In no case shall the BOD meet less than two times per year. The Directors may invite and allow the attendance at any meeting such other persons as may be helpful or advisable to the Board. Any member may request of any Director an invitation to attend any BOD meeting.
SECTION 14. Committees. The BOD may appoint such Committees, as it deems desirable or advantageous to the Board or the Association, including but not limited to a Rental/RCI Program Management Committee to assist in the administration and development of rental programs within Ptarmigan Village.

 

SECTION 1. Powers and Duties. The BOD shall have the powers and duties necessary for the administration of the affairs of the Association and may do all such acts and things except as by law or by these Amended Bylaws may not be delegated to the BOD by the members. Such powers and duties of the BOD shall include, but shall not be limited to the following:

a) The authority to determine and direct the operation, care, upkeep and maintenance of the common and limited common areas and facilities.
b) Determination of the common expenses, limited common expenses and individual expenses required for the affairs of the Association, including, without limitation, the operation and maintenance of the property and any business organized by the BOD under these Amended Bylaws.
c) Collection of the common expenses and limited common expenses from unit and lot owners.
d) Employment and dismissal of the personnel necessary for the maintenance and operation of PV.
e) Adoption and amendment of rules and regulations covering the details of the operation and use of the property, the personal conduct of the members and their guests thereon, and to establish penalties for the infraction thereof.
f) Opening of bank accounts on behalf of the Association and designating signatories.
g) Purchasing, leasing or otherwise acquiring in the name of the Association, on behalf of all members, units and lots offered for sale or surrendered by their owners to the Association.
h) Purchasing of units at foreclosure or other judicial sales in the name of the Association, on behalf of all members.

i) Selling, leasing, mortgaging, voting the votes appurtenant to (other than for the election of members of the BOD), or otherwise dealing with units and lots acquired by, and subleasing units and lots leased by the Association.
j) Organizing corporations or other entities to act as designees of the Association in acquiring title to or leasing of units and lots on behalf of all members.
k) Obtaining of insurance for the property, including the units.
l) Making of repairs, additions and improvements to or alterations to the property and repairs to and restoration of the property in accordance with the other provisions of these Amended Bylaws, after damage or destruction by fire or other casualty, or as a result of condemnation or eminent domain proceedings, or as may otherwise be determined to be necessary for the safety, security or pleasure of members.
m) Organizing corporations or other entities to conduct business related to the development of PV.
n) Suspend the voting rights and the right to use the common area of any member during any period in which such member shall be in default for over 30 days in the payment of any assessment levied by the Association or after notice for infraction of published rules and regulations.
o) To cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate.
p) To hear and decide appeals from decisions of such Committees as it may appoint.

 

SECTION 2. General Manager (GM). The BOD may employ a GM at a compensation established by the BOD to perform such duties and services as the BOD shall authorize, including but not limited to the duties listed in subdivisions (a), (c), (d), (k) and (1) of Section 1 of this Article. The BOD may delegate to the General Manager all ofthe powers granted to the BOD by these Amended Bylaws other than the powers set forth in subdivisions (b), (e), (f), (g), (h), (i), (j), (m), (n), (o), and (p) of Section 1 of this Article.

ARTICLE V - OFFICERS
SECTION 1. Officers. The officers of the Association shall consist of the following. More than one office may be held by one person.

a) President: Shall preside at all Member and Director Meetings. The President shall be the Chief Executive Officer.
b) Vice President: Shall take the place of the President and perform the President's duties whenever the President is absent or unable to act
c) Secretary: Shall keep the minutes of all Member and Director Meetings. The Secretary shall issue and execute such corporate resolutions and certificates as may be directed in the furtherance of the Association's business.
d) Treasurer: Shall have the responsibility for keeping full and accurate financial records and books of accounts.

 

SECTION 2. Selection. The officers of the Association shall be selected by majority vote by and from the Directors at the organizational meeting of each new Board of Directors to be held immediately following the Annual Member Meeting.

SECTION 3. Term and Removal. The officers of the Association shall serve and hold office at the pleasure of the Board of Directors. All officers' terms shall lapse, if not sooner, at the conclusions of the Annual Member Meeting following their selection. Any officer may be removed from office with cause upon the affirmative vote of a majority of the Directors and a successor may be selected by majoritý vote by and from the Directors at any Directors Meeting called for such purpose.
SECTION 4. Resignation. In the event of a resignation by an officer or the occurrence of any event which eliminates the ability of the officer to perform his or her duties, the BOD may select a replacement by the same method as used following the removal of an officer.
SECTION 5. Compensation of Officers. The compensation, if any, of all officers of the Association shall be fixed by the BOD. Any officer may be reimbursed for actual expenses incurred in the performance of Association duties. Any such compensation or reimbursement shall constitute a common expense.
SECTION 6. Duties. In addition to the duties set forth in the description of officers herein, and the performance of duties otherwise set forth in these Amended Bylaws, all agreements, contracts, deeds, leases, checks and other instruments of the Association shall be executed by any two officers as designated by the BOD.

ARTICLE VI:  OPERATION OF THE PROPERTY

SECTION 1 Determination of Common Expenses and Fixing of Common Charges. The BOD shall from time to time and at least annually, prepare a budget for the Association, determine the amount of the common and limited common expenses payable by the unit and lot owners, and allocate and assess such common and limited common expenses among the unit and lot owners according to their respective interests.

a) The BOD shall review and approve the budget for the next fiscal year 60 days prior to the start of the fiscal year and shall mail the budget to the members 30 days prior to the start of the fiscal year.
b) The Association will maintain certain separate accounts for specific purposes:
- A General Operation and Maintenance Fund for the operation, upkeep and maintenance of Ptarmigan Village. Association dues and business revenues shall be deposited therein. Sufficient working capital shall be retained to avoid a negative balance due to cash flow fluctuations.
- A Capital Replacement Reserve Fund for the replacement of the Association's capital assets, including but not limited to its buildings, vehicles, roads, pools and recreational amenities, and sewer and water treatment facilities. Two percent (2%) of Association dues, business revenues, special assessments and operating surpluses shall be deposited therein. Should this Fund exceed double the annual depreciation budget line item, the Board of Directors may adjust the Fund's allocation percentage depending upon the projected capital replacement requirements.
- A Special Projects Fund for the enhancement or addition to the capital assets of the Association. Regular and special assessments shall be deposited therein. The Board of DirectorsOD will annually update the Association's five-year plan of special projects.

c) The budget shall show either a net profit or zero loss for operation and maintenance of PV, while maintaining an adequate working capital reserve fund for replacement of existing capital equipment and facilities. The budget shall also describe capital improvement projects funded by the Special
Project Fund.
d) The GM, on behalf of the BOD, will annually inform the members, to the extent possible, of necessary limited common expenses necessary to maintain the appearance, safety and security of the Condominium units.

 

SECTION 2. Insurance for Units and Common Areas. The BOD shall obtain and maintain, to the extent obtainable, the following insurance: (1) fire insurance with extended coverage, vandalism and malicious mischief endorsements insuring all units and all other buildings that the Association owns (insofar as the units are concerned, the insurance shall apply to all permanently attached fixtures including but not limited to kitchen and bathroom fixtures), together with all service machinery contained therein and covering the interests of the Association and all unit owners and their mortgagees, as their interest may appear, in an amount equal to the full insurable value of the Condominium buildings. Each of said policies shall contain a standard mortgagee clause in favor of each mortgagee as its interest may appear, subject however, to the loss payment provisions in favor of the BOD and the Insurance Trustee hereinafter set forth; (2) public liability insurance in the minimum amount of $1,000,000.00; (3) worker's
compensation insurance; and (4) such other insurance as the BOD may determine. All such policies shall provide that adjustment of loss shall be made by the BOD with the approval of the Insurance Trustee, and that the net proceeds thereof, if $50,000.00 or less, shall be payable to the BOD, and if more than $50,000.00, shall be payable to the Insurance Trustee.

 

Certificates of Insurance for physical damage and of all renewals thereof shall to the extent obtainable, contain waivers of subrogation and waivers of any defense based on co-insurance or of invalidity arising from any acts of the insured, and shall provide that such policies may not be canceled or substantially modified without at least ten (10) days' prior written notice of all of the insureds, including all mortgagees of units. Certificates of Insurance of physical damage insurance and of all renewals thereof, together with proof of payment of premiums, shall be delivered to all mortgagees of units at least ten (10) days prior to expiration of the then current policies.

 

Unit owners shall not be prohibited from carrying other insurance for their own benefit provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the BOD shall not be affected or diminished by reason of any such additional insurance carried by any unit owner.

An Insurance Trustee means a person or entity designated by the BOD to negotiate and settle all insurance matters when the net proceeds from a policy or policies at one time exceed $50,000.00.

Lot owners with residences thereon shall be required to obtain and maintain to the extent obtainable, fire insurance with extended coverage, vandalism and malicious mischief endorsements insuring the real and personal property of the lot owner in at least the amount of the replacement value of said property. All lot owners, regardless of whether a residence has been constructed thereon shall be required to obtain and maintain to the extent obtainable, public liability insurance in at least the amount of $1,000,000.00 and naming Ptarmigan Owners Association as an additional insured.

SECTION 3. Repair or Reconstruction after Fire or Other Casualty. In the event of damage to or destruction of the units or other buildings owned or controlled by the Association as a result of fire or other casualty, the BOD shall determine the extent, if any, of repairs or replacements depending upon the insurance adjustment and then-current building code requirements. In the event a single residence structure on a lot is damaged by fire or other cause, the BOD may require the lot owner to either rebuild, repair or raze. A lot owner has the option to either rebuild, repair or raze, but same must be completed within ten (10) months after receiving the notice from the BOD. In the event the lot owner does not act within ten (10) months after receiving the notice, the BOD may have the structure or structures on the lot that have been damaged razed and may file a lien for the costs of razing said structure or structures together with interest and attorney's fees until satisfied of record. Such lien may be foreclosed in the manner of a mortgage of real property and in such foreclosure action, the Association shall recover a reasonable sum as attorney's fees therein and the reasonable cost of searching and abstracting the public records. No satisfaction made of record or foreclosure shall constitute a release of the Association's right hereunder with respect to future delinquent common expenses or other assessments.

SECTION 4. Payment of Expenses. All unit and lot owners shall be obligated to pay the common expenses or limited common expenses assessed by the Board of Directors as may be applicable to their class of ownership, pursuant to the provisions of these Amended Bylaws, at such time or times as the BOD shall determine. No unit or lot owners shall be liable for the payment of any part of the common expenses or limited common expenses assessed against his or her unit or lot subsequent to a sale, transfer or other conveyance by him or her of such unit or lot. In addition, any unit or lot owner may, subject to acceptance by the BOD, provided that his or her unit or lot is free and clear of liens and encumbrances other than permissible first mortgage and the statutory lien for unpaid common expenses or limited common expenses, convey his or her unit or lot to the Association or its designee, corporate or otherwise, on behalf of all other unit or lot owners, and in such event be exempt from common expenses or limited common expenses thereafter assessed. A purchaser of a unit or lot shall be liable for the payment of common expenses assessed against such unit or lot prior to the acquisition by him or her of such unit or lot, without prejudice to such purchaser's right, if any, to recover from the seller the amounts paid by the purchaser.

SECTION 5. Collection of Assessments. The BOD shall assess common expenses and limited common expenses against the unit and lot owners from time to time and at least annually and shall take reasonable action to collect charges due from any unit and lot owners which remain unpaid for more than 30 days from the date due for payment thereof. Any assessment not paid within 30 days shall become delinquent and accrue interest from the date of delinquency at 10% per annum or the maximum interest rate allowable by law.

SECTION 6. Default in Payment of Expenses. In the event of default by any unit or lot owners in paying the common expenses or limited common expenses as determined by the BOD, such unit and lot owners shall be obligated to pay interest at 10% per annum on such common expenses or limited common expenses from the due date thereof, together with all expenses, including attorney's fees, incurred by the Association in any proceeding brought to collect such unpaid common expenses or limited common expenses. All such unpaid common expenses or limited common expenses shall constitute a lien on such unit prior to all other liens except those given priority by Montana law. The BOD shall have the right and duty to attempt to recover such common expenses or limited common expenses, together with interest
thereon, and the expenses of the proceeding, including attorney's fees, in an action to recover the same brought against such unit or lot owners, or by foreclosure of the lien on such unit or lot granted by Montana law.

SECTION 7. Foreclosure of Liens for Unpaid Expenses. In any action brought by the Association to foreclose a lien on any unit or lot because of unpaid common expenses or limited common expenses, the unit or lot owner shall be required to pay a reasonable rental for the use of his unit or lot and the Association shall be entitled to the appointment of a receiver to collect the same. The Association shall have power to purchase such units or lots at the foreclosure sale and to acquire, hold, lease, mortgage, vote the votes appurtenant, to convey or otherwise deal with the same. A suit to recover a money judgment for unpaid common expenses or limited common expenses shall be maintainable without foreclosing or waiving the lien securing the same.

SECTION 8. Statement of Expenses. The BOD or its designee shall promptly provide any unit or lot owner so requesting the same in writing with a written statement of all unpaid common expenses or limited common expenses due from such unit or lot owner.
SECTION 9. Abatement and Enjoining of Violations by Unit or Lot Owners. The violation of any rule or regulation adopted by the BOD or the breach of any provision of the Declaration, shall give the BOD the right, in addition to any other rights set forth in these Amended Bylaws, (a) to enter the unit or in which, er as to which, such violation or breach exists and to summarily abate and remove, at the expense of the defaulting unit or lot owner, any structure, thing or condition that may exist therein contrary to the intent and meaning of the provision hereof, and the BOD shall not thereby be deemed guilty in any manner of trespass; or (b) to enjoin, abate or remedy by appropriate legal proceedings, either at law or in equity, the continuance of any such breach.

 

Each membership in the Association shall entitle the person or entity owning a unit or lot (including those unit or lot owners who have a vendee's interest in a real estate contract which is recorded) to which the membership is appurtenant and their families to all of the privileges and rights of membership unless suspended as herein provided. In the event that a corporation or partnership shall be the owner of a unit or lot, then it shall have the right to name the persons, not in excess of three (3), for each unit or lot it owns who shall be entitled to the rights and privileges of membership except as to voting which is otherwise controlled by these Amended Bylaws. By majority vote of the BOD present at any meeting called for that purpose, the privileges of membership may be suspended (a) for non-payment of assessments, dues and charges until such time as the same are fully paid, or (b) for failure to comply with the rules and regulation of the Association until such time as the BOD deems advisable. If suspension is for failure to comply with the rules and regulations, the suspended person(s) may appeal to the next
meeting of membership which may overrule or modify the decision of the BOD by vote of two-thirds (2/3) of the membership present. No suspension shall relieve or discharge the unit or lot owner from his, her or its obligations to pay assessments, dues and expenses. The BOD shall suspend no person or persons from the rights and privileges of membership unless such person or persons shall have been notified of such proposed action, except in the case of non-payment of assessments, dues or expenses.

SECTION 10. Maintenance and Repair. All maintenance of and repairs to any individual elements (other than maintenance of and repairs to any common areas and facilities contained therein) are the responsibility of the owner. Each unit and lot owner shall be responsible for all damages to any common or limited common elements that his or her negligence, misuse or neglect may engender. All maintenance, repairs and replacements to the common areas and facilities, and the limited common areas and facilities, whether located inside or outside of the units, shall be made by the BOD and be charged as a common expense or limited common expense, unless such maintenance, repair, or replacement is necessitated by the negligence, misuse or neglect of a unit or lot owner, in which case, such expense shall be charged to such unit or lot owner.

SECTION 11. Restrictions on Use of Units and Lots. In order to provide for congenial occupancy of the property and for the protection of the value of the units and residential houses on lots, the use of the property shall be restricted to and shall be in accordance with the following provisions:

 

a) The units and lots shall be used for the residence only by the owner or owners thereof, their families, guests, invitees, and licensees, including guests under a lease or hotel plan which has been approved by the BOD.

b) The common areas and facilities, including the limited common areas and facilities, shall be used only for the furnishing of the services and facilities for which they are reasonably suited and which are incident to the use and occupancy of the units. Lots shall be developed for single residence use, occupancy and rental.
c) No nuisances shall be allowed on the property nor shall any use or practice be allowed which is a source of annoyance to its residents or which interferes with the peaceful possession or proper use of the property by its residents.
d) No improper, offensive or unlawful use shall be made of the property or any part thereof, and all valid laws, zoning laws and regulations of all government bodies having jurisdiction thereof shall be observed. Violations of laws, orders, rules, regulations or requirements of any governmental agency having jurisdiction thereof, relating to any portion of the property, shall be corrected, by and at the sole expense of the unit or lot owners or as a common expense assessed by the BOD, whichever shall have the obligation to maintain or repair such portion of the property.
e) Firearms may be kept in the units or residence houses on lots. No hunting or target practice shall be permitted anywhere in PV. When unit or lot owners make their units or single residence house available for rent, any such firearms shall be removed from said unit or house.
f) No animals shall be kept or permitted on the development except for household pets which shall not unreasonably interfere with the use and enjoyment of any other part of PV. Pets that qualify under this section shall be kept on a leash at all times by their respective owners when outside the owner's unit or residence house. No pens, fenced or otherwise, or clothesline type runs shall be permitted anywhere in PV. No commercial raising, breeding or training, or dealing in animals shall be conducted anywhere in PV. Unit or lot owners will be responsible for keeping their animals quiet so that they will not disturb other owner's enjoyment of their respective units or lots.

g) No sign, billboard or advertising structure shall be located, placed or maintained on the development, however, with the prior written consent of the BOD one (1) sign of approved style not exceeding two feet square may be placed on a lot improved with a residence to offer such property for sale. Any sign in violation hereof may be removed from PV by the BOD or their agents or designee. Each lot shall be maintained in a clean and sightly condition at all times and be kept free of litter, junk, containers, equipment and building materials. However, the reasonable keeping of equipment and materials on a lot during construction of a residence on such lot shall be kept in sanitary containers which shall be concealed from view and regularly emptied. All clothes lines and storage facilities on a lot and land adjacent to a condominium building shall be screened from view of the roads and adjacent lots and condominium buildings. No area shall be used in whole or in part for storage of anything which will cause such area to appear in an unclean, disorderly or untidy condition.
h) No tree with a trunk in excess of three (3) inches in diameter shall be removed or destroyed without prior written consent of the BOD. The violation of this subsection will result in the unit or lot owners being assessed $500.00 per tree in the form of a fine which shall become a lien against the property or unit as if it were a delinquent expense as provided in these Amended Bylaws. Under this
subsection, a unit or lot owner is deemed to be responsible for the violation of this subsection if a member of his or her family, guests, invitees, or agents violates the provisions herein.
i) Grass lawns are not permitted. Owners of units and lots shall retain the natural ground cover around their buildings and on their lots.

 

SECTION 12. Additions, Alterations or Improvements by BOD. Whenever in the judgment of the BOD the common areas and facilities shall require additions, alterations or improvements costing in excess of $25,000.00 and the making of such additions, alterations or improvements shall have been approved by the vote of at least two-thirds (2/3) of a quorum having voted at a regular or special meeting of the unit and lot owners, where the latter's class is applicable, the BOD shall proceed with such additions, alterations or improvements and shall assess all unit and lot owners, where the latter's class is applicable, for the cost there of as a common charge. Any additions, alterations or improvements costing $25,000.00 or less may be made by the BOD without approval of unit or lot owners, where the latter's class is applicable, and the costs thereof shall constitute part of the common expenses.

SECTION 13. Sale by Association. The Association may, acting through the BOD and upon approval by the vote of at least two-thirds (2/3) of the members at a regular or special meeting, sell one or more portions of the common areas or facilities. All proceeds resulting therefrom shall be received by the Association and prudently invested to provide long term financial stability and funds for common area improvements and infrastructure repairs and replacements.

SECTION 14. Additions, Alterations or Improvements by Unit Owners. No unit owners shall make any structural additions, alterations or improvements in or to a unit, including any exterior painting or exterior alteration or addition without the prior written consent thereto of the BOD and full compliance with Architectural Control provisions of these Amended Bylaws. The BOD shall have the obligation to answer any written request by a unit owner for approval of a proposed structural addition, alteration or improvement in such owner's unit, within sixty (60) days after such request, and failure to do so within the stipulated time shall constitute consent by the BOD to the proposed addition, alteration or improvement. Any application to any department of the City of Whitefish, Flathead County or State of Montana or to any other governmental authority for a permit to make an addition, alteration, or improvement in or to any unit shall be executed by the BOD only without, however, incurring any liability on the part of the BOD or any of them to any contractor, subcontractor or material man on account of such addition, alteration or improvement, or to any person having any claim for injury to person or damage to property arising therefrom. Each dwelling and any appurtenant structures placed on a lot shall conform strictly to a uniform pattern of external appearance as set forth in the Architectural Control Article of these Amended Bylaws.

SECTION 15. Use of Common Areas and Facilities. Unit and lot owners shall not place or cause to be placed in the stairways or other common areas or facilities including the limited common areas and facilities, other than the areas designated as storage areas, any furniture, packages or objects of any kind. The entry passages, stairways, entry bridges, etc., shall be used for no purpose other than for normal transit through them. Lawn or deck furniture is permitted on decks only.

SECTION 16. Right of Access. A unit or lot owner shall grant a right of access to his unit or residential house to the manager and/or any other person authorized by the BOD for the purpose of making inspections or for the purpose of correcting any condition originating in his unit or residential house and threatening another unit, residential house, common area or facility, or for the purpose of performing installation, alterations or repairs to the mechanical or electrical services or other common areas or facilities in his unit (or elsewhere in the condominium building) or a residential house, provided that the requests for entry are made in advance and that any such entry is at a reasonably convenient time to the unit or lot owner. In case of emergency such right of entry shall be immediate whether the unit or lot owner is present at the time or not.

SECTION 17. Rules and Regulations Concerning Use of Units, Lots, and Common Areas. Rules and regulations concerning the use of units, residential houses on lots and the common areas and facilities, including the limited common areas and facilities, may be promulgated and amended by the Board of Directors. Copies of such rules and regulations shall be furnished by the BOD to each unit and lot owner prior to the time when the same shall become effective.

SECTION 18. Water Services. Water shall be supplied through the common facilities of PV directly to each unit and lot and will be treated as common charge to all. The BOD may establish a separate water fund or account, which fund or account shall be reserved for expenses connected with the purchase by the Association of water from other sources, should such purchase be necessary.

SECTION 19. Fire Precautions. Unit and lot owners are specifically prohibited from placing within any unit or residential house, within a common area or on any other part of the property, any explosive materials or dangerous combustibles. All burning of any type of material is prohibited on the property unless a burning permit has been obtained from the U.S Forest Service and the BOD. Charcoal grilling is allowed only in containers designed for charcoaling and only in areas designated by the BOD. Unit and lot owners shall take reasonable precaution to assure that said charcoal fire is completely out within a reasonable time after cooking on said coals. Unit or lot owners may safely use propane grills. No form of pyrotechnics will be permitted to be exploded or displayed anywhere in the development unless
written consent has been obtained from the BOD. Each condominium unit or residential house shall be equipped with a suitable chemical type fire extinguisher which shall be displayed at all times in a noticeable place.

SECTION 20. Sewage Service. Sewage services (including sewage disposal and treatment) shall be supplied to the unit and lot owners by the Association. It is intended that a Sewer District will ultimately own all sewage facilities. All parties bound by these Amended Bylaws agree to execute the necessary instruments to accomplish this end and agree to pay his, her or its equitable and proportionate share of the cost of same. 

SECTION 21. Electricity. Electricity shall be supplied by the public utility company serving the area directly to each unit and lot through a separate meter and each unit and lot owner shall be required to pay the bills for electricity consumed or used in his or her condominium unit and lot. The electricity serving the common areas and facilities shall be separately metered, and the Association shall pay all bills for electricity consumed as a common expense.

 

ARTICLE VII:  SALES AND MORTGAGES OF UNITS AND LOTS
SECTION 1. No Severance of Ownership. Any deed, mortgage or other instrument purporting to affect one or more units or lots shall be deemed and taken to include the undivided interests in the common and limited common elements, areas and facilities appurtenant to such unit or lots, even though the latter may not be expressly mentioned or described therein. No part of the appurtenant interests of any unit or lot may be sold, transferred or otherwise disposed of, except as part of a sale, transfer or other disposition of the unit or lot to which such interests are appurtenant.
SECTION 2. Sale to Association. A unit or lot owner may, subject to mutual agreement of the parties, and subject to the provisions of Section 1 of this Article, sell his or her unit or lot to the Association, or its designee.
SECTION 3. Financing of Purchase of Units and Lots by the Association. Acquisition of units and lots by the Association, or its designee, on behalf of all unit and lot owners, may be made from the working capital and common charges in the hands of the Association, or if such funds are insufficient the BOD may levy an assessment against each unit and lot owner equally as a common charge, which assessment shall be enforceable in the same manner as other assessments, or the Association may borrow money to finance the acquisition of such condominium units and lots, provided, however, that no financing may be secured by an encumbrance or hypothecation of any property other than the unit or lot to be acquired by the Association.
SECTION 4. Gifts and Devises, etc. Any unit or lot owners shall be free to convey or transfer his or her unit or lot by gift, or to devise his unit or lot by Will, or to pass the same by intestacy, without restriction.
SECTION 5. Waiver of Right of Partition with Respect to Units or Lots Acquired by the Association. In the event that a unit or lot shall be acquired by the Association, or its designee, on behalf of all members, all such members shall be deemed to have waived all rights of partition with respect to such unit or lot.
SECTION 6. Payment of Assessments. No unit or lot owner shall be permitted to convey, mortgage, pledge, hypothecate or sell his or her unit or lot unless and until he or she shall have paid in full to the Association all unpaid common charges theretofore assessed by the BOD against the unit or lot and until he or she shall have satisfied all unpaid liens against such unit or lot, except permitted mortgages. Notwithstanding the foregoing, a unit or lot owner may convey or sell his or her unit or lot, subject to all provisions of these Amended Bylaws, to a purchaser who in writing, assumes all unpaid common charges and who agrees to take such Condominium unit or lot subject to all unpaid liens against same.
SECTION 7. Notice of Unpaid Assessments and Liabilities. The BOD shall, upon request of an owner or mortgagee, report any unpaid assessments, liabilities for work in progress, or other default attributable to such owner's unit or lot.

 

SECTION 1. Intent. The intent of these restrictions is to require that such external appearance of the common and limited common elements as well as the exteriors of residences on lots be substantially identical with the style and appearance of traditional contemporary Northwest houses, including but not limited to the use of stone, beams, rough hewn timbers, and resown siding. The provisions of this Article shall be strictly construed to accomplish this purpose against the free use of the property. In the event of question of interpretation of whether the external appearance of any structure placed or proposed to be placed on a lot shall conform to this Article, any and all parties interested in the development agree to be bound by and comply with the decisions of the BOD or its appointees. The BOD shall furnish on written request by any party interested in a lot pictures which conform to these provisions in external appearance and such pictures may be used in guiding a lot owner's plans for construction.
SECTION 2. External Appearance. In conformity with the foregoing no new dwelling
or appurtenant structure shall be erected, placed or permitted upon any lot unless its external
appearance shall conform to the following:

a) The roof shall have a pitch of not less than 18 degrees nor more than 40 degrees, measured from a horizontal line. Roofing material shall be a dark anodized metal. Roofs may be gable roof type or shed roof type with an overhanging of not less than two and one-half (2 ½) feet. If a roof is a shed type roof, it must have two (2) surfaces; e.g., one portion of the roof measuring at least 15' x 20', the other portion at another angle being at least one-half as large as the larger portion. In no event shall there be any "A-frame" style of structure.
b) The new dwelling shall have at least two stories one of which may be a loft. A dwelling may have a basement but in such event such a basement shall not be considered as a story in height. As used herein "basement" means in addition to its usual meaning, a portion of a dwelling enclosed by a cement wall not to exceed one story in height, the floor of which is at or near finished grade of the lot.
c) Foundations shall be either full concrete foundations or fully enclosed by a skirt of cedar or cedar-like siding. Exposed basement walls and concrete foundations must be covered with cedar or cedar-like siding from 12 inches on above the grade.

d) All exterior walls shall be constructed of cedar or cedar-like siding other than the foundation and the basement wall as provided for above, as the basic construction material and their finished colors shall be natural colored stains, including but not limited to olive, browns and grays.

e) Outdoor lighting is permitted as long as it does not disrupt the privacy and enjoyment of the adjoining lot owners.
f) Any structure appurtenant to a dwelling on a lot shall have a consistent decorative styling and coloring with the main dwellings.

 

SECTION 3. Architectural Design. In addition to the foregoing external appearance requirements, no new dwelling or appurtenant structure shall be placed, erected or permitted on a lot unless it shall comply with the following:

a) Each new dwelling shall be of permanent construction and have not less than 800 square feet of fully enclosed area devoted to living purposes.
b) Each new dwelling structure shall be equipped with sanitary plumbing facilities within the structure and fully connected to the sewage system in the development unless temporarily connected to a septic tank system of sewage disposal designed, located and constructed in accordance with the rules and regulations of and its installation approved by the Montana State Department of Health and any other 
governmental agency having jurisdiction and the BOD. At the time the development's sewage system is ready to collect and dispose of sewage, any dwelling using a septic tank system shall be required to connect with the development sewer system within sixty (60) days after weather permits.
c) Each new dwelling on a lot shall have off-street parking for at least two vehicles, including any garage or carport facilities.

d) Prior to erecting or placing any new structure upon a lot or altering the external appearance of any existing structure, the plans and specifications therefor shall be submitted for and approved by the BOD or its appointee. The structure as erected, placed, maintained or altered on a lot shall conform to such approval, plans and specifications.

 

 

a) No temporary structure, tent, garage or outbuildings shall be placed upon any lot, provided that a temporary structure may be used for storage of materials during construction with the prior written consent of the BOD 

b) The work of constructing, altering or repairing any structure on a lot shall be diligently prosecuted from its commencement until completion thereof, but in any event, the exterior shall be completed not later than the December 1st next following commencement of the work.

c) All plans and specifications required to be submitted to the BOD or its appointee shall be in writing, shall contain the name and address of the person submitting the same, and shall set forth the lot involved and the following with respect to the proposed structure (1) the location of the structure upon the lot, (2) the elevation of the structure with reference to the existing and finished lot grade, (3) the general design with exterior elevation drawings of all exterior sides, (4) the interior layout, (5) the exterior finish materials, and (6) the color, including roof materials and such other information as may be required by the BOD to determine whether such structure conforms with these restrictions.

d) In addition to its discretionary authority granted elsewhere herein, the BOD shall have authority to make determinations involving esthetic considerations relating to structures appurtenant to dwellings such as the height, configuration, design, location and appearance of outbuildings, walls, pools, and other appurtenant facilities Such determination shall be binding on all persons interested There shall be no fences permitted on any lot, provided, however, that the BOD may permit fencing on a temporary basis for safety purposes.

e) As a condition to approval, the BOD may require that a written certificate accompany any plans and specifications submitted pursuant hereto, which certificate shall be made by a licensed Architect or professional Engineer and shall certify that the structure proposed in such plans and specifications is structurally adequate to bear reasonably anticipated snow loads in the area of the property with a margin of safety of 50 percent. In any event, the BOD shall not be liable for any loss or damage incurred by any person, firm or corporation by virtue of any actual or alleged structural weakness of any structure placed on a lot with the approval of the BOD regardless of whether such certificate is required or furnished. 

f) Within sixty (60) days after the receipt of plans and specifications the BOD or its appointee shall approve or disapprove such plans and specification, and may disapprove such plans and specifications which in its opinion do not conform to these restrictions or esthetic standards. Approval or disapproval shall be made upon one of the copies thereof and returned to the address shown in the plans and specifications. In the event that no disapproval of such plans and specifications is given within sixty (60) days of submission in compliance herewith, such plans shall be deemed approved.
g) The BOD or its appointee shall have the authority to approve plans and specifications which do not conform to these restrictions in order to overcome practical difficulties or prevent hardships in the application of these restrictions, provided that such variations so approved shall not be materially injurious to the improvements of other lots and shall not constitute a waiver of the restrictions herein contained but shall be in the furtherance of the purpose and intent of these restrictions.

 

SECTION 1. Committee. The BOD shall have the responsibility of rental management but may appoint a committee to perform delegated functions. The Board or the Committee, if appointed, may delegate to the GM the power and authority to implement and enforce the rental operations.
SECTION 2. Purpose. The BOD or the Committee shall be responsible for the ongoing function of providing rental policy, direction and management for those unit owners or single family units wishing to rent their facilities.
SECTION 3. Authority. The authority and function of the Board or Committee shall include but not be limited to the following:

a) Set rates for daily, weekly, monthly and seasonal rentals and establish any necessary minimum rental period.
b) Require all leases be in writing and using a form prescribed by the Board which makes the Association a party to the rental agreement to the extent necessary to allow the Board to enforce its rules and regulations, including allowing the Board or its designee to evict renters for failure to comply with the rules and regulations. 
c) Provide a person or persons under the GM of the Association to operate rental services.
d) Provide an adequate advertising program.
e) Provide cleaning services to adequately service rentals.
f) Provide accounting services and have the power to levy fees so that the rental program will be a separate and self-sustaining part of the Association. The program is to be operated at zero profit or loss.
g) Provide a contract to unit owners and/or single residence owners using the aforementioned services.
h) Establish rules and regulations with respect to ensuring the security of all PV property. This will include, but not be limited to, a requirement that the GM be provided with a key to all units and homes, that all guests provide an adequate security deposit, and that all owners and guests be required to register with the office on arrival and check out at time of departure.

i) Levy appropriate fees for the cost of any services provided by the PV office.
j) Nothing herein is intended to preclude unit or lot owners from retaining or using such rental agents as they may individually select, but those owners electing to use an agent other than the Association shall fully advise such other agent of the requirements of these Amended Bylaws as to lease form and compliance by renters of the Association rules and regulations. Any lease or rental agreement not in
conformity with these Amended Bylaws is voidable by the BOD, the Committee or the GM upon reasonable notice to the owner.

 

SECTION 1. Records and Audits. The BOD shall keep detailed records of the actions of the BOD and the GM, minutes of the meetings of the BOD, minutes of the meetings of unit and lot owners, and financial records and books of account of the Association, including a chronological listing of receipts and expenditures. Monthly, the GM will send a report to each unit and lot owner which, among other things, shall contain the amount of each assessment of charges against such unit and lot, the date when due, the amounts paid thereon, and the balance remaining unpaid. In addition, an annual report of the receipts and expenditures of the Association, certified by independent certified public accountants, shall be rendered by the BOD  to all unit and lot owners and to all mortgagees of units and lots who have requested the same, promptly after the end of each fiscal year.
SECTION 2. Examination of Books. Each unit and lot owner and each mortgagee of a unit or lot shall be permitted to examine the books of account of the Association at reasonable times, on business days, but not more often than once per month.

 

ARTICLE XI:  MISCELLANEOUS
SECTION 1. Notices. All notices hereunder shall be sent by first class mail to the Board of Directors c/o Ptarmigan Village, P O. Box 458, Whitefish, Montana 59937. All notices to any unit or lot owner shall be sent by first class mail to such address as may have been designated by him or her from time to time, in writing, to the Association. All notices shall be deemed to have been given when mailed, except notice of change of address which shall be deemed to have been given when received.

SECTION 2 Invalidity. The invalidity of any part of these Amended Bylaws shall not impair or affect in any matter the validity, enforceability or effect of the balance of these Amended Bylaws.
SECTION 3. Captions. The captions herein are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of these Amended Bylaws, or the intent of any prevision thereof.
SECTION 4. Gender. The use of the masculine gender in these Amended Bylaws shall be deemed to include the feminine gender and the use of the singular shall be deemed to include the plural, whenever the context so requires.
SECTION 5. Waiver. No restriction, condition, obligation or provision contained in these Amended Bylaws shall be deemed to have been abrogated or waived by reason of any failure to enforce the same, irrespective of the number of violation or breaches thereof which may occur.
SECTION 6. Amendments to Bylaws. Except as otherwise provided herein, these Amended Bylaws may be modified or amended by the vote of two-thirds (2/3) of all members at a meeting of members duly held for such purpose.
SECTION 7. Execution of Instruments. All instruments of the Association shall be executed under the seal by such officer or officers as the BOD may designate, or as may be otherwise authorized.
SECTION 8. Conflicts. These Amended Bylaws are set forth to comply with the provision; of the Unit Ownership Act of the State of Montana, pursuant to Ch. 23, Title 67 R C.M. In case any of these Amended Bylaws conflict with the provisions of said statute or of the Declaration, the provisions of said statute or of the Declaration, as the case may be, shall control. These Amended Bylaws replace all preceding Bylaws and amendments.
SECTION 9. Remedies. A unit or lot is considered to be a party in interest in and to any part of the development that his or her ownership applies to and shall have the right and authority to enforce the provisions hereof, and in addition to any other remedy for damage or otherwise, shall have the right to injunctive relief. The prevailing party in any action to enforce any provision hereof shall recover a reasonable sum as attorney's fees together with the reasonable costs of searching and abstracting the public record, which sum shall be paid by the unsuccessful party.
SECTION 10. Condemnation. In the event of a taking in condemnation or by eminent domain of part or all of the common areas and facilities, the award made for such taking shall be payable to the Association if such award amounts to more than $50,000.00. If two-thirds (2/3) or more of the unit and lot owners duly and promptly approve repair and restoration of such common areas and facilities, the BOD shall arrange for the repair and restoration of such common areas and facilities, and the BOD or the Insurance Trustee, as the case may be, shall disburse the proceeds of such award to the contractors engaged in such repair and restoration in appropriate progress payments. In the event that two-thirds (2/3) or more of the unit and lot owners do not duly and promptly approve the repair and restoration of such common areas and facilities, the BOD or the Insurance Trustee, as the case may be, shall disburse the net proceeds of such award in the same manner as they are required to distribute insurance proceeds where there is no repair or restoration of the damage, as provided in these Amended Bylaws.

 

IN WITNESS WHEREOF,

these Amended Bylaws were approved and adopted the 13 day of November 1998

in Flathead County, Montana and in Calgary, in the Province of Alberta

Kevin Werner, President, Ptarmigan Owners Association
Stuart Hilleboe, Secretary, Ptarmigan Owners Association

Recorded 10 December 1998 By Bruce McEvoy 1998345/3000

, 

EXHIBIT A:  PTARMIGAN VILLAGE
TRACT ONE: All of PTARMIGAN PHASE I, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, MT.
TRACT TWO:  All of PTARMIGAN PHASE #2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, MT
TRACT THREE:  All of PTARMIGAN PHASE II Stage 1, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, MT.
TRACT FOUR:  All of PTARMIGAN PHASE II Stage 2, according to the map or plat thereof on file a

TRACT FIVE: All of PTARMIGAN SUBDIVISION NO. 3, according to the map or plat thereof on file
and of record in the office of the Clerk and Recorder of Flathead County, MT.
TRACT SIX: All of TAMARACK SUBDIVISION, according to the map or plat thereof on file and of
record in the office of the Clerk and Recorder of Flathead County, MT.
TRACT SEVEN: Lot Seven (7) of LAKEWOOD ESTATES, according to the map or plat thereof on file and
of record in the office of the Clerk and Recorder of Flathead County, MT.
TRACT EIGHT: A tract of land situated, lying and being in the Southeast Quarter (SE4) Southeast Quarter
(SE4) of Section Eleven (11), and the Southwest Quarter (SW4) Southwest Quarter (SW) of Section Twelve (12), Township Thirty-one (31) North, Range Twenty-two (22) West, P.M.M., Flathead County, more particularly described as follows, to-wit: Beginning at the Southeast corner of Section 11, Township 31 North, Range 22 West, P M.M., Flathead County is a found brass cap; thence N 89°00'28" W along the South boundary of the Southeast Quarter Southeast Quarter of Section 11, 284.01 feet to a set iron pin; thence N 01°56'24" E leaving said South boundary, 308.62 feet to a set iron pin; thence N 62°04'09" E 138 69 feet to a set iron pin; thence S 57°16'16" E 409.45 feet to a set iron pin; thence S 31°00'03" W 185.97 feet to a set iron pin on the South boundary of the Southwest Quarter Southwest Quarter of Section 12; thence N 88°33'39" W along said South boundary 97.71 feet to the place of beginning and
containing 2.944 acres of land more or less and subject to and together with a 15 foot sewer line easement asa shown on Certificate of Survey No. 6862. The above-described tract is also known as Assessor Tract 5C in Section 11, T.31N., R.22W., P.M.M., and Tract 6B in Section 12, T.31N., R.22W, P.M.M., Flathead County, MT.
TRACT NINE: A tract of land situated, lying and being in the Northwest Quarter of the Southwest Quarter
(NW/SW14) of Section Twelve (12), Township Thirty-one (31) North, Range Twenty-two (22) West, P.M.M., Flathead County, Montana and more particularly described as follows: Beginning at the NE corner of Lot 9 of Tamarack Subdivision of which a plat or map is on file in the Clerk and Recorder's Office of Flathead County, MT; thence N 42°22'01" E., a distance of 83.94 feet to a point; thence N 46°09'21" W., a distance of 176.99 feet to a point on the Easterly R/W of a 50 foot radius cul-de-sac, said point having a radial bearing of N 63°06'33" W.; thence in a Southwesterly direction and along said R/W an arc length of 40.37 feet, through a central angle of 46°15'39" to a point; thence S 20°01'19" W., and along the Easterly R/W of a 60 foot private road, a distance of 165.80 feet to a point, which point is the NW corner of Lot 9 of Tamarack Subdivision; thence S 88°41'39" E., and along the Northerly boundary line of said Lot 9, a distance of 158.00 feet to the point of beginning. The above-described tract is also known as Assessor Tract 5AE in Section 12, T.31N., R.22W., P.M.M., Flathead County, MT.
TRACT TEN: A tract of land situated, lying and being in the Northeast Quarter Southeast Quarter (NE4SE) of Section Eleven (11), Township Thirty-one (31) North, Range Twenty-two (22) West, P.M.M., Flathead County, MT, and more particularly described as follows, to-wit: Commencing at the SE corner ofthe NESE¼ of Section 11, Township 31 North, Range 22 West, P.M.M., Flathead County, MT, which is a found iron pin, thence N 44°07'13" W, 568.19 feet to a found iron pin which is the true point of beginning
of the tract of land herein described; thence N 77°31'25" W, 118.78 feet to a found iron pin; thence
N 24°07'31" W, 129.07 feet to a found iron pin; thence N 16°20'09" W, 222.50 feet to a found iron pin; thence S 82°01'28" E, 99.50 feet to a found iron pin; thence S 43°00'00" E, 250.51 feet to a found iron pin; thence S 13°23'18" W, 164.43 feet to the place of beginning and containing 1.213 acres of land
more or less. The above-described tract is also known as Assessor Tract 3G in Section 11, T.31N., R.22W, P.M.M., Flathead County, MT.
TRACT ELEVEN: The NE4SE% of Section 11, Township 31 North, Range 22 West, M.P.M., Flathead
County, MT. 

 

EXCEPTING THEREFROM the following described tracts: 

a Ptarmigan Phase I, according to a map or plat thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, MT.
b. Ptarmigan Addition No. 2, according to a map or plat thereof on file and of record in the
office of the County Clerk and Recorder of Flathead County, MT.
c. Ptarmigan Phase II, Stage I, and Ptarmigan Phase II, Stage II according to the maps or plats
thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, MT.
d. Commencing at the Northwest corner of the NE¼SE¼ of Section 11, Township 3 Ptarmigan Phase II, Stage I, and Ptarmigan Phase II, Stage II according to the maps or plats thereof on file and of record in the office of the County Clerk and Recorder of Flathead County, MT.
e. Commencing at the Northwest corner of the NE¼SE¼ of Section 11, Township 31 North, Range 22 West, M.P.M., Flathead County, Montana; thence South 0°24'30" West, and along the Westerly boundary line of the NE4SE4, a distance of 520.00 feet to the true point of beginning of the tract ofland being
described: thence South 0°24'30" West, and along same boundary line, a distance of 295.00 feet
to a point; thence South 89°35'30" East, a distance of 295.00 feet to a point; thence North 0°24'30" East, a distance of 295.00 feet to a point, thence North 89°35'30" West, a distance of 295.00 feet to the place of beginning. Commencing at the Northwest corner of the NE/4SE4 of Section 11, Township 31 North,
Range 22 West, M.P.M., Flathead County, Montana; thence South 0°24'30" West, and along the Westerly boundary line of the NE4SE4, a distance of 815.00 feet to a point which is the true point of beginning of the tract of land being described; thence South 89°35'30" East, a distance of 295.00 feet to a point; thence South 0°24'30" West, a distance of 295.00 feet to a point; thence North 89°35'30" West, a distance of 295.00 feet to a point on the Westerly boundary line of the NE¼SE4; thence North 0°24'30" East, and along said boundary line, a distance of 295.00 feet to the place of beginning.
f. Also excepting tract of land described on certificate of survey 7562, (1.21 acres).
g. That portion of the Northeast Quarter of the Southeast Quarter (NE¼SE¼) of Section 11, township 31 North, Range 22 West, M.P.M., Flathead County, Montana, lying Southerly and Westerly of the Westerly boundary of Ptarmigan Phase 2 Stage 2, according to the map or plat thereof on file and of record in the office of the Clerk and Recorder of Flathead County, Montana, and also lying Southerly of the following described tract of land, Commencing at the Northwest corner of the NE4SE4 of said Section 11; thence
South 0°24'30" West and along the Westerly boundary line of the NE/4SE/A, a distance of 815.00 feet to the true point of beginning; thence South 89°35'30" East a distance of 295.00 feet to a point, thence
South 0°24'30" West a distance of 295.00 feet to a point; thence North 89°35'30" West a distance of 295.00 feet to a point on the Westerly boundary line of the NE/4SE'4; thence North 0°24'30" East and along said boundary line a distance of 295.00 feet to the point of beginning. The above-described tract is also known as Assessor Tract 3 and 3DA in Section T.31N., R.22W., P.M.M., Flathead County, MT.