• Wild River Ballot

  • CC&R Amendments

  • Amendment 1 - Article III of the Declaration shall be amended to read: All members shall be entitled to one vote for for each Lot in which they hold the interest required for membership by Article II. When more than one person holds such interest in any Lot, all such persons shall be members. The vote for each Lot shall be exercised as they among themselves determine, or if unable to agree, the vote for that Lot shall be disregarded. In no event shall more than one vote be cast with respect to any one Lot.
  • Amendment 2 - Article IV, Section 1(b) of the Declaration (which states "The right of the Association to charge reasonable admission fees for the use of any recreational facility situated upon the Common Area") shall be deleted in its entirety:
  • Amendment 3 - Article IV, Section 1(c) of the Declaration shall be amended to read: The right of the Association to suspend any member’s voting rights for any period during which any assessment against said member's property remains unpaid, and for a period not to exceed thirty (30) days for each infraction of its published rules and regulations.
  • Amendment 4 - Article V, Section 2 of the Declaration shall be amended to read: Purpose of Assessments. The annual assessments levied by the Association shall be used for the improvement and maintenance of the Common Area, for the proper operation and administration of the Association, including the employment of a manager or managing agent, for the procurement of insurance policies as required by law or as the Board of Directors reasonably determines beneficial, for the payment of taxes on all or any part of the Common Area, and for any other purpose authorized by the Oregon Planned Community Act, ORS Chapter 94.
  • Amendment 5 - Article V, Section 4 of the Declaration shall be amended to read: Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying in whole or in part the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Area, including the necessary fixtures and personal property related thereto, provided that, except for repairs or replacements, any such assessment for structural alterations, capital additions, or capital improvements reflecting a common expense in excess of $20,000 annually shall require the assent of an absolute majority of the votes of all members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting.
  • Amendment 6 - Article VI, Section 5 of the Declaration shall be amended to read: Duties and Rules. The Architecture Review Committee shall consider and act upon all matters properly submitted to it pursuant to this Declaration. In furtherance of this function, the Architecture Review Committee may, by unanimous vote, from time to time and in its sole discretion, subject to review and approval by the Board of Directors, adopt, amend, and repeal rules and regulations to be known as the “Architecture Review Committee Rules and Design Guidelines” establishing its operating procedures and regulating the aesthetics of any improvement or landscaping on the lots. The Architecture Review Committee may establish a reasonable fee to be paid to it to cover its costs incurred in considering and acting upon matters submitted to it. Such fees shall be paid into the maintenance fund of the Association. A current copy of the Architecture Review Committee Rules and Design Guidelines shall be kept on file by the Association. Such Rules and Design Guidelines shall have the same force and effect as if set forth herein.
  • Amendment 7 - Article VII, Section 3 of the Declaration shall be amended to read: Maintenance of Lots. Each Owner shall maintain such Owner’s lot and its improvements, at such Owner’s expense, in a clean and attractive condition, in good repair, and in such fashion as not to create a fire hazard
  • Amendment 8 - Article VII, Section 7 of the Declaration shall be amended to read: Appearance. All garbage, trash, cuttings, refuse, refuse or garbage containers, fuel tanks, clothes drying apparatus or lines, and other service facilities shall be screened from view from neighboring lots and common areas in a manner approved by the Architecture Review Committee. The timing and location for placement of refuse or garbage containers before and after trash collection shall be subject to additional rules and regulations adopted by the Board of Directors
  • Amendment 9 - Article VII, Section 8 of the Declaration shall be amended to read: Signs. No signs shall be placed or kept on a lot other than 1) a single address sign and a single for sale sign not to exceed 300 square inches in size, 2) a single, temporary sign promoting a specific event, which may be placed no more than 24 hours prior to, and must be removed no more than 24 hours after, the event to which the sign pertains. Notwithstanding the foregoing, placement of any signs on the Lots shall be subject to additional rules and regulations adopted by the Board of Directors, or 3) subject to approval by the Architectural Review Committee, a single, personalized address sign that complements the property. Personalized address signs that have been installed prior to the recording of this amendment are deemed approved.
  • Amendment 10 - Article VII, Section 10 of the Declaration shall be amended to read: Sanitation. All sewage disposal shall be by septic tank and drain field unless otherwise approved by the Architecture Review Committee. Location and construction of the septic tank and drain field shall be approved by the Deschutes County Health Department and the Architecture Review Committee.
  • Amendment 11 - Article VII, Section 17(b) of the Declaration shall be amended to read: As a place to raise domestic animals of any kind except for a reasonable number of usual household pets which are not kept, bred, or raised for commercial purposes and which are not a nuisance to other owners. The Board of Directors may adopt rules governing the keeping of pets within the individual lots, including the number of pets that may be kept, in accordance with Article VII, Section 18.
  • Amendment 12 - Article VII, Section 18 of the Declaration shall be amended to read: The Board of Directors may adopt rules and regulations governing use of the common areas. The Board of Directors may also adopt rules and regulations governing use of the individual lots to the extent such rules and regulations are intended to implement, interpret, and enforce the use restrictions contained in this Declaration, or intended to prevent nuisances. Any rule adopted by the Board of Directors pursuant to this Section may be repealed by a petition, signed by owners representing at least 50 percent of the lots, submitted to the Secretary within thirty (30) days of receiving notice of the adopted rules.
  • Amendment 13 - The following shall be added to the Declaration as Article VII, Section 21: Satellite Dishes and Antennas. Satellite dishes, TV antennas, and satellite internet reception devices may not exceed one (1) meter across at the widest point without prior approval from the Architecture Review Committee. All such devices must be located in the least conspicuous location from the viewpoint of the neighboring lots that allows for adequate signal reception. All satellite dishes must be painted a color approved by the Architecture Review Committee.Owners must apply to the Architecture Review Committee for approval of the paint color on or before the 10th (tenth) day after installation of the dish. Radio towers and HAM radio antennas are prohibited.
  • Amendment 14 - The following shall be added to the Declaration as Article VII, Section 22: Owners may not rent or lease their lot or home or any portion thereof for a term of less than one year.
  • Amendment 15 - The following shall be added to the Declaration as Article VII, Section 23: (a) Each Owner must purchase and maintain insurance sufficient to cover any loss relating to the Owner’s lot and home, including extended coverage for full replacement value of all improvements on the Owner’s lot. Each Owner is also responsible for obtaining, at their own expense, liability insurance resulting from use or ownership of the Lot. The Association will have no responsibility to procure or to assist Owners or Occupants in procuring property loss insurance or liability insurance, and shall have no liability on account of an Owner’s failure to obtain theinsurance required under this section. (b) In the event that improvements on a Lot are damaged by fire or other casualty, the Owner of the Lot must either repair and replace all improvements to the same design and standards as existed prior to damage, or submit an application for an alternative design to the Architecture Review Committee, and upon approval of such alternative design, construct the same in accordance with the approved plans. An Owner who declines to repair and replace improvements after fire or casualty, and who also fails to obtain Architecture Review Committee approval for an alternative design, or who declines to build in accordance with plans for an alternative design, must raze all structures and remove all debris from the vacant lot, and replant with native vegetation.
  • Amendment 16 - Article VIII, Section 1 of the Declaration shall be amended to read: (a) Enforcement by Legal Proceeding. The Association, or any owner, or the owner of any recorded mortgage upon any part of Said Property, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. (b) Non-Waiver. Failure by the Association, or by any Owner to enforce any covenant or restriction herein contained, or any bylaw or rule, shall in no event be deemed a waiver of the right to do so thereafter. (c) Right of Entry. If any owner constructs or permits to be constructed on his property any improvement or allows the condition of his property to violate any provision of this Declaration, the Bylaws, the architectural guidelines, or the rules and regulations of the Board of Directors, then the Association may, no sooner than 60 days after delivery to such owner of written notice of the violation and an opportunity to be heard, enter upon the offending property and remove the cause of such violation, or alter, repair, or change the item which is in violation of such Declaration in such manner as to make it conform thereto with the reasonable cost of such action to be a charge againstthe owner’s land. Additionally, the Association or its agent may enter the lots without notice in the case of emergency in order to take actions reasonably necessary to protect the common areas or neighboring lots. (d) Fines. If any owner constructs or permits to be constructed on his property any improvement or allows the condition of his property to violate any provision of this Declaration, the Bylaws, the architectural guidelines, or the rules and regulations of the Board of Directors, then the Association may, after giving notice and an opportunity to be heard, levy reasonable fines in accordance with a schedule of fines previously adopted by the Board of Directors and furnished to all owners. (e) Remedies Non-Exclusive. Each of the enforcement options described in this Declaration are cumulative and non-exclusive. The Board of Directors may, at its discretion, choose to take any one, some, all, or none of the enforcement actions available to it separately, in unison, or successively.

  • Bylaw Amendments

  • Amendment 1 - Article II, Section 6 of the Bylaws shall be amended to read as follows: Each outstanding membership shall be entitled to one vote per lot owned on each matter submitted to a vote at a meeting of the members. Owners may cast votes in person, by written ballot, by proxy, or—if allowed by the Board of Directors—by electronic ballot in accordance with ORS 94.661. Proxies must be filed with the Secretary of the Association or designated agent of the Board before the appointed meeting. No proxy shall be valid after 11 months from the date of its execution unless otherwise provided in the proxy.
  • Amendment 2 - The following shall be added to the Bylaws as Article II, Section 7: All Board Meetings will be open to any and all Members of the Association for observation; however, a Member who is not a Director does not have any right to participate in a Board Meeting except as may be allowed by the Board. The President may exclude from any Board Meeting any Association Member who disrupts the proceedings at a Board Meeting, or who refuses to yield the floor during any Member-input portion of a Board Meeting. Notwithstanding the foregoing, the Board may close a Board Meeting to Members and meet in an executive session to: (A) Consult with legal counsel; or (B) Consider the following: (i) Personnel matters, including salary negotiations and employee discipline; (ii) Negotiation of contracts with third parties; or (iii) Collection of unpaid assessments. Except in the case of an emergency, the Board may not meet in executive session unless voted for by the Board in an open meeting and the President of the Board states the general nature of the action to be considered and, as precisely as possible, when and under what circumstances the deliberations can be disclosed to Members. The statement, motion or decision to meet in executive session must be included in the minutes of the meeting.
  • Amendment 3 - Article III, Section 1 of the Bylaws shall be amended to read as follows: Beginning on January 1, 2022, the number of Directors shall increase from three (3) to five (5) Directors. The terms of the three (3) Directors who are already serving prior to January 1, 2022, shall expire at the annual meeting in the year 2023, and thereafter shall be elected by the membership for two-year terms. The two (2) new Director positions created on January 1, 2022, which terms shall expire at the annual meeting in the year 2022, shall be appointed by a majority vote of the three (3) currently serving Directors, and thereafter shall be elected by the membership for two-year terms. Thereafter, the terms of the Directors shall stagger, with three (3) Directors being elected in even-numbered years and two (2) Directors being elected in odd-numbered years. All Directors must be owners or co-owners of a Lot within Wild River, but only one co-owner of any single Lot may serve as a Director at any particular time.
  • Amendment 4 - The following shall be added to the Bylaws as Article IV, Section 5: At the discretion of the Board of Directors, any notice, information, or other written material required to be given to an Owner or Director may be given by electronic mail, facsimile, or other form of electronic communication acceptable to the Board of Directors. Notwithstanding the foregoing sentence, electronic communication may not be used to give notice of (a) failure to pay an assessment; (b) foreclosure of anassociation lien; (c) an action the Association may take against an Owner; or (d) an offer to use the dispute resolution program. An Owner or Director may decline to receive notice by electronic communication and may direct the Board of Directors to provide notice as required elsewhere in these Bylaws, the Declaration, or ORS Chapter 94.
  • Amendment 5 - Article VI, Section 4 of the Bylaws shall be amended to read as follows: Resignation or Removal of Directors. A Director of the Association may resign as a Director by delivering written notice of the resignation to the President of the Board or the Secretary. At a meeting of the Members at which a quorum is present, the Members may remove a Director from the Board of Directors, with or without cause, by a majority vote of all Members, provided that: (A) Before a vote to remove a Director, Members must give the Director whose removal has been proposed an opportunity to be heard at the meeting; (B) The Members must vote on the removal of each Director whose removal is proposed as a separate question; and(C) Removal of a Director by Members is effective only if the matter of removal was an item on the agenda and was stated in the notice of the meeting.
  • Amendment 6 - The following shall be added to the Bylaws as Article VI, Section 5: The Board of Directors may, after giving written notice and an opportunity to request a hearing before the Board, levy reasonable fines for violations of the Declaration, Bylaws, and Rules and Regulations of the Association, as long as the fines levied are based on a schedule of fines previously adopted by Board resolution that is mailed to the mailing address of each Lot or mailed to the mailing address designated in writing by the Owner(s). If a Member requests a hearing, the Board shall schedule the hearing within a reasonable time.The Board of Directors may adopt reasonable rules and regulations setting forth the procedures for hearings under this section.
  • Amendment 7 - The following shall be added to the Bylaws as Article VI, Section 6: The Association must indemnify any current or previous Director, officer, committee member, employee, or agent who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding in accordance with this section. Indemnification for legal defense costs will be made in all cases regardless of whether the action is civil, criminal, administrative, or investigative (other than an action by the Association) by reason of the fact that such person is or was a Director, officer, committee member, employee, or agent of the Association. However, if the Director, officer, committee member, employee, or agent is adjudged to have committed a criminal, grossly negligent, or intentionally unlawful act, then the Association has no duty to indemnify for any judgment, and the Association may maintain an action against the Director, officer, committee member, employee, or agent to recover the legal defense costs expended therein.
  • Amendment 8 - The following shall be added to the Bylaws as Article VI, Section 7: The Association shall keep correct and complete books and records of accounts sufficiently detailed to enable the Association to fully disclose to each member the true statement of its financial status and shall keep minutes of the proceedings of its members and Board of Directors. All financial and other records of the Association, including but not limited to checks, bank accounts, and invoices, in whatever form they are kept, are the property of the Association.
  • Amendment 9 - The following shall be added to the Bylaws as Article VI, Section 8: The Board of Directors will prepare or cause to be prepared an annual financial statement consisting of a balance sheet and income and expense statement setting forth the financial condition of the Association as of the end of each year. The report will be prepared according to generally accepted accounting principles and will be distributed to all owners within 90 days after the end of each fiscal year.
  • Amendment 10 - The following shall be added to the Bylaws as Article VIII, Section 1: ARTICLE VIII INSURANCE - The Board of Directors may maintain any necessary insurance policies required by law or the Declaration or deemed necessary or prudent by the Board, including liability insurance, directors and officers liabilityinsurance, fidelity coverage, or property insurance for any improvements which the Association is obligated to maintain, repair or replace.
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