This
Declaration of Covenants, Conditions, Reservations and Restrictions is made
this 1st day of September, 1994, by SUNSHINE CONSTRUCTION, INC., a New Mexico
Corporation ("Developer")
WHEREAS, Developer is the owner of the property
described in Article II of this Declaration situated in Bernalillo County,
State of New Mexico; and
WHEREAS, Developer has established a general plan for
the improvement and development of the property and desires to provide for the
preservation of the values and amenities of the property by subjecting the
property to the covenants, conditions, reservations, restrictions and easements
hereinafter set forth, each and all of which is and are for the benefit of the
property and each owner of the property or any part thereof, and each successor
in interest to Developer and any such owner.
NOW, THEREFORE, Developer declares that the property
hereinafter described is and shall be held, transferred, sold, conveyed, and
occupied subject to the following covenants, conditions, reservations,
easements and restrictions (hereinafter sometimes referred to as "Covenants").
All covenants are for the benefit of the property and shall run with the land
and shall be binding upon and inure to the benefit of Developer, each owner of
the property, or any part thereof, and each successor in interest of Developer
and any such owner.
Section 1.1 The following
words when used in this Declaration shall have the following meaning:
a. "Lot" means any one of the Lots numbered 18
through 43 SANDIA HACIENDAS SUBDIVISION, UNIT 2, as same are shown and
designated on the Plat thereof, filed in the records of Bernalillo County, New
Mexico on
b. "Declaration" means this declaration of
covenants, conditions, reservations, easements and restrictions, and any
amendment or modification thereto.
c. "Residence" means any building or a portion
of the building situated on a building site designed and intended for use or
occupancy as a single family residence.
d. "Owner" means the persons or entities,
including Developer, holding legal title or beneficial ownership of the fee,
including the purchaser under an installment sales contract of a Lot and any
Residence located thereon, or a lessee of a Lot pursuant to a leasehold
agreement of a term of twenty (20) years or greater. Owner shall not include a
seller under an installment sales contract of a Lot and any Residence located
thereon, or the lessor of a Lot pursuant to a leasehold agreement with a term
of twenty (20) years or greater.
e. "Development" means all of the real property
described in Article II.
f. "Setback" means the shortest distance
between a Residence or structure and the property line.
g. "Improvements" shall include, without
limitation, buildings, outbuildings, (including sheds and storage buildings),
roads, driveways, parking areas, fences, retaining walls, stairs, decks,
windbreaks, poles, antennas, signs, utility or communication installations,
(whether above or underground), landscaping and any structure and excavation of
any type or kind.
h. "Association" shall mean the ownersą
association which shall be organized as a non-profit corporation for purposes
of managing, maintaining and owning improvements and/or property within the
Development.
i.
"Road"
shall mean the road easement to be created across, through and over portions of
the Development.
j.
"Common
Areas" shall mean the portions of the Development which are designated as
Common Areas on the Plat and including other property designated as common area
which is made subject to the Declaration.
k. "Plat" shall mean the plat of the SANDIA
HACIENDAS SUBDIVISION, UNIT 2, filed April 12, 1994.
The following described
property situated in the County of Bernalillo, State of New Mexico is made
subject to all easements, covenants, conditions, reservations and restrictions
set forth in this Declaration:
The real property described in Exhibit "B"
attached hereto and incorporated herein by reference. Additional property may
be made subject to the Declaration upon the unanimous approval of the Owners.
Section 3.1 All Residences
and Lots within the Development are hereby restricted to townhouses for single
family residential use with a minimum of one thousand six hundred (1600) square
feet of enclosed heated living area, exclusive of carports, garages, basements and
non-enclosed porches or patios. Each Residence shall be occupied by no more
than one (1) family and no Residence shall be used as a boarding house or
otherwise divided into apartments or rooms for rental purposes. This
restriction shall not prevent the rental or lease or the entire Residence by
the owner thereof, but any such rental or lease must be .by a written agreement
which requires the tenant to observe this Declaration and makes a breach of
this Declaration a breach of such rental agreement or lease. No Residence may
be leased or rented for a period of less than ninety (90) days.
Section
3.2 All construction upon any Lot (including driveways and walkways) shall be
new construction, shall conform to rules adopted by the Architectural Control
Committee ("Committee") established pursuant to Article VI below, and
all construction shall be completed within eight (8) months after ground is
broken for that new construction or remodeling. No existing building or
structure may be moved from another site to a
Section
3.3 No temporary house, trailer, tent, garage or other outbuilding shall be
used on any Lot at any time as a Residence, either temporarily or permanently,
and no Residence placed or erected on any part of any Lot shall be occupied in
any manner at any time prior to it being fully completed provided, however,
that during the actual construction or alteration of a Residence on any Lot,
necessary temporary buildings for storage of material, etc., may be erected and
maintained by the person doing such work.
Section 3.4 The following rules govern the keeping of
pets in the Development:
a. No animals, livestock, horses or poultry of any kind
shall be raised, bred or kept on or in any Residence or Lot, except a maximum
of two (2) domestic dogs and two (2) domestic cats, per Lot, may be kept and
maintained in a Residence or Lot provided they are not kept, bred or maintained
for any commercial or hobby breeding purposes.
b. All provisions of the Bernalillo County Animal Control
Ordinance, as amended, or any other municipal ordinance which subsequently
applies to the Lots, will apply in the Development and are adopted by reference
and incorporated herein as rules of the Development.
c. Except when on its owner's Lot, an animal permitted to
be maintained pursuant to Section 3.4 must be carried or kept an a leash and
attended by a reasonable person.
d. No dog shall be permitted to bark, howl or make other
loud noises for such a time as disturbs the rest or peaceful enjoyment of the
other Owners.
Section 3.5 No vehicles of
any type shall be permanently or semi-permanently parked for purposes of
repairs, reconstruction or storage on any portion of a Lot visible from other
Residences or the Road. A vehicle shall be deemed parked for repairs,
reconstruction, or storage if it is not driven off the
Section
3.6 Except temporarily during the construction of any improvements, all utility
lines, including but not limited to electrical, gas, telephone, cable
television, and other communication systems shall be underground, except for
access ports and above-ground transformers.
Section
3.7 No trucks or other commercial vehicles, motorcycles, campers, mobile homes,
motorhomes, boats, trailers or similar vehicles shall be kept, placed or
maintained on any Lot at any time, unless enclosed within garages so as not to
be visible from other Lots, except where required for the limited purposes of
building, repairing, refinishing, or maintaining the Lot or a Residence on the
Lot, for the purpose of moving household goods or other necessary or customary
furnishings, equipment or supplies in or out of the Lot.
Section
3.8 No oil drilling, oil development, oil refining, oil derrick or other
structure designed for use in drilling for oil or natural gas, quarrying or
mining operations of any kind shall be permitted upon or in any Lot, nor shall
oil wells, tanks, mineral excavations or shafts be permitted upon or in any
Lot.
Section
3.9 No garbage, trash, rubbish, weeds, clippings from trees, shrubs or lawns,
ashes or other refuse may be thrown, dumped or allowed to accumulate on any
Lot. Provided however, non-commercial compost piles for use in gardens which do
not create a nuisance to the Owners of adjoining Lots may be maintained if
screened from view from the Road and other Lots. All garbage, trash and rubbish
shall be placed and kept in covered sanitary containers screened from view from
the Road and other Lots and shall be regularly removed from each Residence or
Section
3.10 Plans for the installation, placement and maintenance of solar collectors
shall be submitted to and approved by the Committee. Solar collectors, air
conditioners and air coolers shall be installed so that visibility of such
equipment is minimized from the Road and adjoining Residences.
Section
3.11 No exterior radio, television, citizens band, ham or other aerial antenna
more than five (5) feet in height, or dish antenna or tower, (or any support
thereof), shall be erected, installed, placed or maintained on any Residence or
Lot, except those devices which may be erected, installed, placed, or
maintained or used entirely under the eaves or enclosed within a building or
structure which does not extend above the lowest point of the roof. Dish
television antennas not in compliance with these guidelines must be
individually approved by the Committee.
Section
3.12 Outside clotheslines or other outside clothes drying or airing facilities,
ground mounted solar energy collectors and equipment, propane tanks, basketball
backboards, woodpiles, ground mounted air conditioners or air conditioning
compressors and equipment shall be enclosed within a fenced service area or
areas so as to conceal them from the Road and ground floor of neighboring
Residences. Fencing or screening must be harmonious with the overall design of
the structures on the
Section
3.13 If a Residence or other structure is destroyed, wholly or partially by
fire or other casualty, such Residence or other structure shall be properly
rebuilt, repaired or replaced to conform to this Declaration or all remaining
debris and foundations shall be removed from the Lot. The Residence or other
structure shall be completely rebuilt, repaired or replaced or the debris and
foundation shall be removed from the
Section
3.14 No business activities of any kind whatsoever shall be conducted in
Residences or on any portion of the Development; except, home occupations,
provided that only members of the family residing on a Lot are employed, the
use is incidental and secondary to the use of the Lot as a Residence and no
stock and trade is manufactured, displayed or sold on the Lot. Further, there
shall be no external evidence of the home occupation activity, such as signs,
commercial vehicles, inordinate traffic, outside storage, noise, dust, odors,
noxious fumes or other nuisances permitted upon or to emanate from any
Section
3.15 Residential style and design throughout the Development shall be generally
a harmonious Southwestern motif.
Section
3.16 Notwithstanding any provision herein contained to the contrary, it shall
be expressly permissible for Developer to maintain upon such portion of the
Development or Lot as Developer may choose, during the period of Lot sales or
construction of improvements or sale of any Residence, such facility or
facilities as in the opinion of Developer may be reasonably required,
convenient or incidental to the Lot sales or construction of improvements or
sale of any Residence, including, without limitation, a business office,
storage area, construction yard, sign, model unit and sales office.
Section
3.17 No fences or walls shall be installed on any
Section
3.18 The landscaping of all Lots, exterior to the buildings thereon, shall be
finished according to detailed landscape and irrigation plans, which plans
shall have been approved by the Committee, within three (3) months of
completion of building construction. Such plans shall be prepared according to
guidelines furnished by the Committee. Natural vegetation shall be left
undisturbed where practical on all Lots, except as required for access,
clearing of building sites and establishment of lawns and flower beds adjacent
to Residences.
Section
3.19 Except as provided in Section 3.16, no exterior storage areas, storage
buildings, portable buildings or utility areas shall be constructed, installed
or moved onto Lots.
Section
3.20 The following types of trees and grass shall not be permitted in the
Development:
a. Bermuda
grass;
b. Cottonwoods
(both bearing and non-bearing); and
c. Chinese
elms.
Section 3.21 No trees shall
be planted to form a screen on a
Section
3.22 If and when the property of Sandia Haciendas Subdivision Unit II meets the
statutory annexation requirements enabling annexation of the property to the
City of
Section 4.1 General Rules
of Law to Apply. Each wall built as part of the original construction on a
Lot and placed on the dividing line between the Lots, if any, shall constitute
a party wall, and to the extent not inconsistent with the provisions of this
Article, the general rules of law regarding party walls and of liability for
property damage due to negligent willful acts or omissions shall apply thereof.
Section
4.2 Sharing of Repair and Maintenance. The cost of reasonable repair and
maintenance of a party wall shall be share by the Owners who make use of the
wall in proportion to such use.
Section
4.3 Destruction by Fire or Other Casualty. If a party wall is destroyed
or damaged by fire or other casualty, any owner who has used the wall may
restore it, and if the other Owners thereafter make use of the wall, they shall
contribute to the cost of restoration thereof in proportion to such use without
prejudice, however, to the right of any such Owners to call for a larger
contribution from the others under any rule of law regarding liability for
negligent or willful acts or omissions.
Section
4.4 Weatherproofing. Notwithstanding any other provisions of this
Article, an Owner who by his negligent or willful act causes the party wall to
be exposed to the elements shall bear the whole cost of furnishing the
necessary protection against such elements.
Section
4.5 Rights to and obligations of Contribution Run with the Land. The
rights to and obligations of contribution created under this Article IV shall
be appurtenant to and run with the land.
Section 5.1 No illegal,
noxious or offensive activity (determined, as necessary, by the Association)
shall be carried on in the Development upon any Lot, nor shall anything be done
therein which is, may be or may become a nuisance or cause unreasonable
disturbance, or annoyance to Owners in the enjoyment of their Residences.
Section
5.2 No firearms, BB guns or fireworks shall be discharged or used in the
Development. Open fires shall not be permitted in the Development.
Section
5.3 No signs or other advertising shall be erected placed or displayed in the
Development or upon any Lot unless the size, form and number of the same are
first approved in writing by the Committee; provided, however, that any owner
may, without such prior approval, erect one sign of not more than two (2) feet
by three (3) feet advertising a Lot for sale or rent.
Section
5.4 No portion of the Development or any
Section
5.5 The direct light source for all exterior spot or directional lighting shall
not be visible from neighboring Lots.
Landscaping and all
improvements shall be maintained in good order and repair by the Owners.
Section 7.1 The Committee is
the Architectural Control Committee for Sandia Heights South-Unit 7, as
established by the Declaration of Restrictions filed
Section
7.2 Before commencing construction, remodeling, additions to, alterations of,
or removal of any building, swimming pool, wall, fence, tank, or any other
structure whatsoever on any Lot and before commencing any landscaping or
landscaping construction, including ponds, waterfalls, statues, retaining walls
or other structural components which are visible from the Road, the owner shall
apply to the Committee for approval. The Owner shall submit to the Committee:
A complete set of plans, including but not limited to,
foundation plans, floor plans, elevations, details, and specifications which
identify construction materials and exterior color scheme and location of the
structure on the Lot, identifying all construction, including but not limited
to, roof overhang lines, all setbacks at a point of minimum distance to each
Lot boundary, dimensions of the Lot and all walls, drives, patios, decks and
walls and/or fences and their construction materials, and location and features
of septic tanks, which set of plans and specifications upon approval will be
retained by the Committee to remain on file.
Section
7.3 No building, structure, or improvement of any kind, including walls and
landscaping, shall be erected, altered, placed or maintained upon any Lot,
unless, and until the complete set of final plans and specifications has been
approved in writing by the Committee as to the quality of workmanship and
materials, harmony of external design with existing structures, and as to
location with respect to Building Envelope, topography and finish grade
elevation. Any resurfacing or painting of exterior wall areas shall be
completed in a color and texture as close to the original as possible, unless
the consent of the committee is obtained in writing as to a different color
and/or texture.
Section
7.4 The Committee shall have the right to disapprove any plans, specifications
or details submitted to it if such plans or specifications are not in accord
with all the provisions of this Declaration, Committee rules (including any
design guidelines), or if a design or color scheme for the proposed structure
is not in harmony with the general surroundings or in harmony with the Lot or
adjacent structures, or if the plans and specifications submitted are
incomplete, or if the Committee deems said plans and specifications to be
contrary to the spirit and intent of this Declaration, or contrary to the
interests and welfare and rights of all or any part of the Development.
Section
7.5 If the Committee fails to approve or disapprove the plans, specifications
and other required information within thirty (30) days after submission, then
approval shall not be required, provided that no building or structure shall be
erected which violates any of the terms of this Declaration.
Section
7.6 Neither the Committee, its members, nor Developer shall be responsible in any
manner whatsoever for any defect in any plans or specifications as submitted or
as revised by said Committee, or for work done pursuant to the requested
changes to said plans and specifications.
Section
7.7 A majority of the Committee may, from time to time, grant exceptions or
variances not in substantial conflict with this Declaration, without the
consent of the owners, in such cases where strict adherence to those
requirements would operate to work a hardship an Owners, or where the
requirements cannot reasonably be met due to the topography, location or shape
of a particular Lot.
Section
7.8 The Committee is authorized and shall have the right to charge a fee in a
minimum amount of $300.00 for review of each set of plans and specifications
and other required information submitted to the Committee in connection with an
application for construction approval required pursuant to Section 7.2, above.
The Committee, in its discretion, shall have the right to charge a fee in
excess of $300.00 for such review in instances where, due to unusual
circumstances, an inordinate amount of time is required for the review.
Section
7.9 Any terms of this Declaration related to the committee which are
inconsistent and contrary to the terms of the Sandia Heights Declaration shall
be governed by the Sandia Heights Declaration.
Section 8.1 The Road within
the Development is a private road.
Section
8.2 The initial construction costs of the Road shall be paid by Developer. Any
and all costs of subsequent improvements and all maintenance costs and expenses
related to the Road and Common Areas shall be assessed against the Owners in
accordance with Article IX of this Declaration.
Section 9.1 The Association
shall be organized to manage and maintain the Road, landscaping and other
improvements within the Common Areas. The Association shall be organized as a
nonprofit corporation under the laws of the state of
Section
9.2 The affairs of the Association shall be managed by an elected board of
directors, which shall exercise all the rights and powers and perform all the
duties and responsibilities set out in this Declaration and the articles and
bylaws of the Association.
Section
9.3 Each owner shall be a member of the Association for so long as such
ownership of a
Section
9.4
a. The Association shall initially own and hold title to
the Common Areas. The Association may acquire interests in other real property
within the Development, construct improvements thereon, and manage, maintain
and operate said real property and improvements if members of the Association
approve thereof by unanimous consent. Any additional acquisitions or functions
undertaken by the Association shall be funded by assessments as provided for
hereinafter.
b. The Association may contract for such services,
facilities and maintenance as may be deemed necessary or desirable by the board
of directors thereof.
c. The Association may employ the services of a
secretary, manager, architect, engineer, consultant, other employee or
employees, and attorneys and accountants, to manage and carry out the affairs
of the Association.
d. The Association shall obtain and maintain in force
such policies of insurance, including board of director's liability insurance,
as may be deemed necessary or advisable by the board of directors.
e. The Association may, from time to time, subject to the
provisions of this Declaration, adopt, declare, amend modify and repeal rules
and regulations, by a majority vote of the members of the Association. Said
rules may relate to any matter or thing involving the Association, the board of
directors, any committee thereof, any residential area, Common Area, any
property managed or maintained by the Association, the articles and bylaws of
the Association or this Declaration. Said rules shall become effective when
passed upon by the members.
f. In the event of dissolution of the Association, its
common property, if any, shall then be dedicated to a governmental body.
g. The Association shall have such other rights, powers,
authority and duties as set forth in its articles and bylaws.
Section 9.5 Members shall be
entitled to one vote for each
Section
9.6 Developer for each Lot owned by it, hereby agrees to pay, and each Owner by
the acceptance of a deed or contract of sale therefore, whether or not so
expressly provided in any such deed or contract or other conveyance, is deemed
to agree to pay to the Association:
a. Maintenance assessments;
b. Assessments for capital improvements;
c. Assessment for property taxes for Common Areas; and
d. All other fees or other monies due to the Association
from such Owner.
The
maintenance assessments, assessments for capital improvements, and assessments
for property taxes for common Areas, plus interest, late charges, costs and
attorney's fees, shall be a charge against the Lot and shall be a continuing
lien upon the Lot against which each such assessment is made, and shall also be
the personal obligation of the Owner or Owners of such Lot on the assessment
date. The personal obligation to pay assessments shall not pass to successors
in title unless expressly assumed by them.
Section
9.7 There shall be an operating fund, into which the Association shall deposit
all monies paid to it as:
a.
Maintenance
assessments;
b.
Assessments for
capital improvements;
c.
Assessments for
property taxes on Common Areas;
d.
Miscellaneous
income; and
e.
Income and
profits attributable to the operating funds;
and from which the Association shall make
disbursements in performing the functions for which the foregoing assessments
are levied.
Section
9.8 Maintenance Assessments and Assessments for Property Taxes for Common
Areas.
a. Within thirty (30) days prior to the commencement of
each fiscal year the Association shall estimate the costs and expenses to be
incurred by the Association for maintenance and taxes during such year,
including a reasonable provision for contingencies, and reserves for major
repairs and replacements, and shall subtract from such estimate an amount equal
to the anticipated balance, exclusive of any reserves for contingencies and reserves
for major repairs and replacements, in the operating fund at the start of such
year. The sum or net estimate so determined shall be assessed against the
Owners. The amount of each Owner's assessment shall be determined as follows:
Total Estimated Assessments
divided by Total Number of Lots in the Development.
b. If, at any time and from time to time, during any
fiscal year, the assessments prove or appear likely to prove inadequate for any
reason, including non-payment of any Owner's share thereof, the Association may
levy a further assessment in the amount of such actual or estimated inadequacy,
which shall be assessed to all owners apportioned as provided in subsection (a)
c. Assessments shall be due and payable to the
Association when levied or in such installments during the year, and such due
dates as the board of directors shall designate.
Section 9.9 The Association
may also levy in any year an assessment for paying or returning, in whole or in
part, the cost or proposed cost of acquisition and construction of a described
capital improvement (whether the improvements constitute real or personal
property), in an amount greater than can be included in the maintenance
assessment, provided it has been approved by a majority of the voting power of
the members, which assessment shall be assessed to Owners in the same manner as
provided for in Section 9.8(a).
Section
9.10 Each assessment under this Article shall be the separate, distinct and
personal debt and obligation of the Owner against whom it is assessed. Any
assessment provided for in this Article, which is not paid when due, shall be
delinquent. With respect to each assessment not paid within ten (10) days after
its due date, the Association may, at its election, require the Owner to pay a
late charge, interest, plus the reasonable costs of collection, including
attorney's fees. Such charges shall be considered an additional assessment and
collectible with the assessment for which it was charged. If any such
assessment is not paid within ten (10) days after the delinquency date, the
Association may, at its option, file in the real property records of Bernalillo
County, New Mexico, a notice of delinquent assessment specifying the
particulars thereof, including (i) name of Owner, (ii) date and amount of
assessment and (iii) the description of each Lot as to which the assessment is
delinquent, and bring an action at law against the Owner or Owners personally
obligated to pay the same, and upon compliance with the provisions of this
Article to foreclose the lien against the Lot, and there shall be added to the
amount of such assessment the late charge, the costs of preparing and filing
the lien and complaint in such action, and in the event a judgment is obtained,
such judgment shall include interest at the rate provided for herein and a
reasonable attorney's fee, together with the costs of action. Each Owner vests
in the Association, or its assigns, the right and power to bring all actions at
law or equity against such owner or owners and each
Section
9.11 No action shall be brought to foreclose an assessment lien less than
thirty (30) days after the date a notice of claim is deposited in the United
States Mail, certified or registered, postage prepaid, to the Owner of said
Lot, and a copy thereof is recorded by the Association in the office of the
County Clerk; said notice of claim must recite a good and sufficient legal
description of such Lot, the record owner or reputed owner thereof, the amount
claimed (which shall include the interest and late charges, costs and
attorney's fee recoverable by an action at law) and the name and address of the
Association.
Section
9.12 Any sale pursuant to a foreclosure action is to be conducted in accordance
with the customary practice of the courts of the State of
Section
9.13 Upon the timely curing of any default for which a notice of claim of lien
was filed by the Association, the officers of the Association are hereby
authorized to file for record, as the case may be, an appropriate release of
such notice, upon payment by the defaulting Owner of a fee, to be determined by
the Association, in an amount sufficient to cover the actual costs of preparing
and filing or recording such release, together with the payment of such other
costs, interest or fees as shall have been incurred.
Section
9.14 The assessment lien and the rights to foreclosure and sale thereunder
shall be in addition to and not in substitution for all other rights and
remedies which the Association and its assigns may have hereunder and by law,
including a suit to recover a money judgment for unpaid assessments, as above
provided.
Section
9.15 The Association shall, upon demand, furnish to any Owner liable for assessments,
a certificate in writing signed by an officer of the Association, setting forth
whether the assessments on a specified Lot have been paid, and the amount of
the delinquency, if any. A reasonable charge may be made by the board of
directors for the issuance of these certificates. Such certificate shall be
conclusive evidence of payment of any assessment therein stated to have been
paid.
Section
9.16 The maintenance and tax assessments provided for in this Article shall
commence as to each
Section
9.17 The lien for assessments shall be subordinate to the lien of any first
mortgage placed upon a Lot in good faith and for value; however, such
subordination applies only to assessments for which a notice of claim of lien
has not been filed in the records of the real estate records of the County
Clerk of Bernalillo County, New Mexico prior to recording the lien of the first
mortgage in said records and the assessments before the sale or transfer of the
Lot pursuant to a decree of foreclosure, or any transfer in lieu of
foreclosure. The sale or transfer does not release the
Section 10.1 All of the
covenants set forth herein shall be binding upon the owners and their heirs,
personal representatives, successors and assigns and all persons claiming by,
through or under them, for a period of twenty (20) years from the date of the
filing of this instrument in the office of the County Clerk of Bernalillo
County, New Mexico, at which time the Covenants shall be automatically extended
for successive periods of twenty (20) years, unless revoked or amended by an
instrument in writing, executed and acknowledged by the owners of not less than
seventy-five percent (75%) of the Lots in the Development, which instrument
shall be recorded in the office of the County Clerk of Bernalillo County, New
Mexico, within ninety (90) days prior to the expiration of the initial term
hereof or any twenty year extension.
Section
10.2 During the initial twenty (20) year term of the Covenants, and thereafter,
the Owners of not less than seventy-five percent (75%) of the Lots in the
Development may at any time and from time to time release all of the Lots
hereby restricted from any one or more, or all of the Covenants, or may modify,
change or amend the Covenants as to all of the Lots by executing and
acknowledging an appropriate agreement or agreements in writing for such Purposes
and filing the same for record in he office of the County Clerk of Bernalillo
County, New Mexico.
Section 11.1 A six inch
tolerance by reason of mechanical variance of construction is hereby
automatically allowed for any distance requirements imposed by this Declaration
or by the Committee.
Section
11.2 Invalidation of any one of these covenants by judgment or court order,
shall in no way affect any of the other provisions of the Declaration, which
shall remain in full force and effect.
Section 12.1 All provisions
of this Declaration shall be binding on all Lots and the Owners, regardless of
the source of title of such Owners, and any breach thereof, if continued for a
period of fifteen (15) days from and after the date that the Committee,
Association or Owner of a Lot notifies the Owner or party breaching this
Declaration to refrain from the continuance of such action and to correct such
breach, shall warrant the Committee, the Association or another Lot Owner to
apply to any court of law or equity having jurisdiction thereof for an
injunction or other relief. The prevailing party in such action shall be
entitled to its reasonable expenses in prosecuting such suit, including
attorney's fees from the non-prevailing party.
Section
12.2 No delay or omission on the part of the Committee, Association or any
Owner or Owners of a Lot or Lots in exercising any right, power, or remedy
herein provided for in the event of any breach of this Declaration shall be
construed as a waiver thereof or acquiescence therein.
Section
12.3 No right of action shall accrue, nor shall any action be brought or
maintained by anyone against Developer for or on account of the failure or
neglect of Developer to exercise any right, power or remedy herein provided for
in the event of any breach of this Declaration.
IN
WITNESS WHEREOF, the undersigned has hereunto set its hand and seal the date
first above written.
SUNSHINE
CONSTRUCTION, INC.,
a New Mexico Corporation
HERSHEL
STOLEBARGER AS ATTORNEY IN
ACKNOWLEDGMENTSTATE OF
This instrument was acknowledged
before me this 1ST day of SEPTEMBER 1994, by HERSHEL STOLEBARGER, ATTORNEY IN
Signatures on file in the SHHA office
THIS AMENDMENT is made this 24th
day of February, 1995, by SUNSHINE CONSTRUCTION, INC., a New Mexico Corporation
("SUNSHINE"), EUGENE W. SMITH and ELFRIEDA A. SMITH, husband and wife
("SMITHS"), and MICHAEL L. MORGAN, a single man ("MORGAN").
WHEREAS, SUNSHINE is
the owner of the following described real property located in the County of
Bernalillo, State of New Mexico, to-wit:
Lots
numbered Eighteen (18) through Twenty-seven (27), Twenty-nine (29) through
Thirty-one (31), and Thirty-three (33) through Forty-three (43), SANDIA
HACIENDAS SUBDIVISION, UNIT 2, as the same are shown and designated on the Plat
thereof, filed in the office of the County Clerk of Bernalillo County, New
Mexico on
("Sunshine's
Lots"); and
WHEREAS, SMITHS are
the owners of the following described real property located in the County of
Bernalillo, State of New Mexico, to-wit:
Lot
numbered Twenty-eight (28), SANDIA HACIENDAS SUBDIVISION, UNIT 2, as the same
are shown and designated on the Plat thereof, filed in the office of the County
Clerk of Bernalillo County, New Mexico on April 12, 1994.
("Smiths'
WHEREAS, MORGAN is
the owner of the following described real property located in the County of
Bernalillo, State of New Mexico, to-wit
Lot
numbered Thirty-two (32), SANDIA HACIENDAS SUBDIVISION, UNIT 2, as the same are
shown and designated on the Plat thereof, filed in the office of the County
Clerk of Bernalillo County, New Mexico on April 12, 1994.
("Morgan's
WHEREAS, the
Sunshine's Lots, Smiths' Lot and Morgan's Lot comprise the entire Sandia
Haciendas Subdivision, Unit 2; and WHEREAS, a Declaration of Covenants,
Conditions and Restrictions for Sandia Haciendas Subdivision, Unit 2, dated
WHEREAS, the parties
hereto desire to amend certain terms and conditions of the Declaration.
NOW, THEREFORE, in
consideration of the above and other good and valuable consideration, the
receipt of which is hereby acknowledged, it is agreed as follows:
1.
Contrary to the
provisions of Section 3.1 of the Declaration, Lots 42 and 43 of Sandia
Haciendas Subdivision, Unit 2 shall have a minimum of 1,500 square feet of
enclosed heated living area, exclusive of carports, garages, basements and
non-enclosed porches or patios.
2.
The following
provisions are substituted for the corresponding sections of Article
Section 7.1 The Committee
is hereby established and shall be composed initially of the following three
(3) persons: Joe Santangelo, Anna Santangelo and Hershel Stolebarger. The
members of the Committee shall serve for a term of five (5) years from the date
hereof, or until twenty (20) days after the date Developer has conveyed title
to its last Lot, whichever is longer, and until their successors have been duly
qualified; provided the Developer may, for cause stated, remove any member of
the Committee prior to the expiration of such term. In the event of the death
of a Committee member within five (5) years from the date hereof, or twenty
(20) days after Developer has conveyed its last Lot, whichever is longer,
Developer shall have full authority to designate a successor. Vacancies
occurring after five (5) years from the date hereof, or twenty (20) days after
Developer has conveyed its last Lot, whichever is longer, shall be filled by
members of the Association by a majority vote.
Section 7.3 No building,
structure, or improvement of any kind, including walls and landscaping, shall
be erected, altered, placed or maintained upon any Lot, unless, and until the
complete set of final plans and specifications has been approved in writing by
the Committee as to the quality of workmanship and materials, harmony of
external design with existing structures, and as to location with respect to
topography and finished grade elevation. Any resurfacing or painting of
exterior wall areas shall be completed in a color and texture as close to the
original as possible, unless the consent of the Committee is obtained in
writing as to a different color and/or texture.
Section 7.9 Deleted.
3. Except
as herein modified and amended, the remaining terms and conditions of the
Declaration shall remain in full force and effect.
IN WITNESS WHEREOF, the
undersigned have hereunto set their hands and seals the day and year first
above written.
Signatures on file at the
SHHA office.
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2005156804
8352853
AMENDMENT TO THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF SANDIA HACIENDAS ASSOCIATION AT SANDIA HACIENDAS SUBDIVISION, SANDIA HEIGHTS
SOUTH UNIT 7, SANDIA HACIENDAS
Is entered into, by and between the record owners of the lands comprising at least seventy-five (75%) of the parcels of land in SANDIA HEIGHTS SOUTH UNIT 7 SANDIA HACIENDAS ASSOCIATION.
WHEREAS, SANDIA HEIGHTS SOUTH UNIT 7, SANDIA HACIENDAS ASSOCIATION is more particularly described on the plat of said Subdivision as such plat was filed with the County Clerk of Bernalillo County on February 21, 1979; and
WHEREAS, best efforts were used to notify all eleven (11) residences in person or by other means (telephone or electronic mail) to obtain a signature;
WHEREAS, at least seventy-five (75%) of the current record owners of the residential lots in SANDIA HEIGHTS SOUTH UNIT 7, SANDIA HACIENDAS desire to modify the Declaration of Covenants, Conditions and Restrictions by amending the declaration to one hundred percent (100%) owner occupancy as per record owner and zero percent (0%) renter occupancy, and
WHEREAS, the record owners of at least seventy-five (75%) of the residential lots in SANDIA HACIENDAS have executed a written instrument and voted to amend the Declaration of Covenants, Conditions and Restrictions of said SANDIA HACIENDAS, as shown by the signatures on the amendment petition, attached here to as Exhibit A, and which is on file at the office of the Sandia Heights Homeowners Association, Inc.;
NOW THEREFORE, BE IT RESOLVED that the Declaration of Covenants, Conditions and Restrictions of Sandia Haciendas Association is hereby amended as follows:
In good faith to not put undue burden on current renters or record owners that purchased said properties for sole purpose of income, this amendment to the covenants will take place officially two calendar years from the time of filed amendment or November 2007, which ever occurs first.
From the date of November, 2007, 100% owner occupancy as defined by record owner and zero percent (0%) renter occupancy will become the new amended declaration within SANDIA HACIENDAS – 785 Tramway LN NE.
All provisions of the above noted Declaration of Covenants, Conditions and Restrictions not changed or modified herein shall remain in full force and effect.
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS, SANDIA HEIGHTS SOUTH, UNIT 7, SANDIA HACIENDAS SUBDIVISON, BERNALILLO COUNTY, NEW MEXICO
The following is a petition to amend the above Declaration with the following additional paragraph as follows:
“Rental units within SANDIA HEIGHTS SOUTH UNIT 7, SANDIA HACIENDAS will
no longer exist after current rental agreements are terminated with the current record
owner.” This change will officially take place on November, 2007.
The above covenant addition was made to amend the current wording in the Declaration of Covenants, Conditions and Restrictions of Sandia Haciendas Association.
The following homeowners have approved this wording as witnessed by their signature:
Signatures on file in the SHHA office.
This Amendment is consented by the owners of record comprising at least seventy-five (75%) of the lands comprising SANDIA HEIGHTS SOUTH, UNIT 7, SANDIA HACIENDAS, as attested to by the amendment petition, Exhibit A, attached hereto and which is on file with the Sandia Heights Homeowners Association, Inc., and incorporated herein by reference.
7988523 239
SUPPLEMENTAL DECLARATION
This supplement to the Declaration of Covenants,
Conditions, and Restriction of Sandia Haciendas
Dated April 3, 1979 states the following Board of
Directors decision:
Resolved that the Sandia Haciendas Association
will accept Building Site owners on Lots 6
through 27 of the Sandia Haciendas Subdivision
subject to transfer of the common areas by
Warranty Deed. Lots 6 through 11 presently
Qualify as Association members. It is further
Directed that this resolution be prepared in accord with Supplemental Declaration provisions of Article 10 Section 2 and Duly acknowledged and recorded.
Signature on file in the SHHA office.