Whereas, the Ochoco West Property Owner’s Board of Directors, pursuant to Article 8.1 of the Bylaws of Ochoco West Property Owners’ Association dated April 13, 2004, may adopt, modify, or revoke rules and regulations governing the conduct of persons and the operation and use of the lots numerically designated on the plat of Golden Horseshoe Ranch Unit No. 1. recorded July 6, 1965 in Volume 24, Page 8, Plat Records of Crook County, Oregon, and any property within the Planned Community which is owned, maintained, held, or leased by the Ochoco West Property Owners’ Association; and

THIS MATIER, having come before the Board of Directors of the Ochoco West Property Owners’ Association on this 14th day of December, 2022, and a majority of the Board of Directors voting in the affirmative, the Board of Directors of the Ochoco West Property Owners’ Association hereby resolves as follows:

I. The attached Regulations for Ochoco West Planned Community is hereby adopted.

Approved by majority vote this 14th of December 2022.

OCHOCO WEST PROPERTY OWNERS’ ASSOCIATION
REGULATIONS FOR OCHOCO WEST PLANNED COMMUNITY ARTICLE I DEFINITIONS

When used in these Regulations, the following terms shall have the following meanings:

1.1 Association means Ochoco West Property Owners’ Association or “Corporation,” as defined under Section I of the Declaration.

1.2 Association Property means any real property or interest in real property located outside the Planned Community which is acquired, held, maintained or possessed by the Association.

1.3 Board means the Board of Directors of the Ochoco West Property O½ners’ Association.

1.4 Common Property means any real property or interest in real property within the Planned Community which is owned, maintained, held or leased by the Association or owned as tenants in common by the lot owners. Common Property shall also mean “open area” as referred in the Declaration.

1.5 Declaration means Declaration of Protective Covenants, recorded July 11, 1983 as Document No. 98-08418, Records of Crook County, Oregon, and revised on May 12, 2007, and recorded on April 24, 2008 as Document No. 2008-228111, Records of Crook County, Oregon.

1.6 Governing Documents means the Declaration and Plat of Golden Horseshoe Ranch Unit No. l recorded July 6, 1965 in volume 24, Page 8, Plat Records of Crook County, Oregon.

1.7 Lot means a lot numerically designated on the plat of Golden Horseshoe Ranch Unit No. I recorded July 6, 1965 in volume 24, Page 8, Plat Records of Crook County, Oregon.

1.8 Planned Community or Property means Golden Horseshoe Ranch Unit No. 1 recorded July 6, 1965 in Volume 24, Page 8, Plat Records of Crook County, Oregon.

ARTICLE 2 COMMON PROPERTY

2.1 Use of Common Propertv. Common Property shall not be partitioned or otherwise divided into parcels for residential use, and no private structure of any type (except utility or similar facilities permitted by the Association) shall be constructed on the Common Property. Except as otherwise provided in these rules or other Governing Documents, the Common Property shall be reserved for the use and enjoyment of all Owners and no private use may be made of the Common Property. No Owner shall place or cause to be placed on the Common Property any trash, structure, plantings, equipment, furniture, package or object of any kind. Nothing in these rules shall prevent the placing of a sign or signs upon the Common Property by

the Association identifying the Property or any Neighborhood or identifying items of interest, including traffic and directional signs, provided such signs are approved by the Board and comply with any applicable sign ordinances. The Board shall have authority to abate or enjoin any trespass or encroachment upon the Common Property at any time, by any reasonable means and with or without having to bring legal proceedings.

2.2 Owners’ Easements. Subject to provisions of this Article, and except for the Restricted Areas, every Owner and the Owner’s tenants and guests shall have a right and easement in and to the Common Property for the uses for which they are established which easement shall be appurtenant to and shall pass with the title to every Unit.

2.3 Extent of Owner’s Rights. The rights and easements of enjoyment in the Common Property created hereby shall be subject to the following and all other provisions of these rules:

(a) The Governing Documents;

(b) Any restrictions or limitations contained in any deed or other instrument conveying such property to the Association;

(c) Easements reserved by the Association for underground installation and maintenance of power, gas, electric, water and other utility and communication lines and services installed by or with the consent and the approval of the Board and any such easement shown on any plat of the Property and for construction, maintenance, repair and use of Common Property and any Improvements thereon;

(d) Easements granted the Association to Governmental Authorities or companies providing utility and communications services and to police, fire and other public officials and to employees of utility companies and communications companies serving the Property;

(e) The Board’s right to:

(i) adopt Policies and Procedures regulating use and enjoyment of the Common Property, including rules limiting the number of guests who may use the Common Property;

(ii) suspend the right of an Owner to use recreational facilities within the Common Property;

(iii) dedicate or transfer all or any part of the Common Property, subject to such approval requirements as may be set forth in the Governing Documents;

(iv) impose reasonable membership requirements and charge reasonable admission or other use fees for the use of any recreational or social facility situated upon the Common Property;

(v) permit use of any recreational or social facilities situated on the Common Property by persons other than Owners, their families, lessees, and guests with or without payment of use fees established by the Board; and

(vi) designate areas and facilities of Common Property as Public Areas or Restricted Areas.

2.4 Enjoyment of Owners’ Rights. Any Owner may extend the Owner’s right of use and enjoyment of the Common Property to the members of the Owner’s family, lessees, and social invitees, as applicable, subject to reasonable regulation by the Board. An Owner who leases the O\\-ner’s Unit shall be deemed to have assigned all such rights to the lessee of such Unit for the period of the lease.

2.5 Alienation of the Common Property. The Association may not encumber as security for a debt, sell or transfer title to the Common Property owned directly or indirectly by the Association for the benefit of the Owners unless such encumbrance, sale or transfer has been approved by at least eighty percent (80%) of the Members. Such approvals shall not be required for the granting of easements as otherwise permitted in the Governing Documents.

2.6 Public, Recreational or Service Areas. The Association, or thereafter the Association, may designate certain portions of such Common Property as Public Areas which may be used by members of the public on a free or on a fee-paying basis as set forth in such designation or conveyance or as determined by the Board. Such Public Areas may include, by way of example, trails· and paths, recreational or certain entertainment areas. Owners shall be permitted to use such Public Areas either on a free basis or for fees that are no higher than those charged to members of the public for an equivalent use or service, as determined solely by the Association. Any proceeds from such Public Areas shall be paid to the Association.

2 .7 Open Space Areas. Any portion of the Property designated as open space on any plat is reserved as open space which, except as otherwise sho\\n on the Development Plan, shall be free of Improvements.

2.8 Restricted Areas. The Association shall have the right from time to time to designate portions of the Common Property that may not be entered or used by any of the Owners other than the Association or such of their respective agents or representatives as may be reasonably required for their preservation, care, maintenance or renewal, to enforce these restrictions, or for such other limited purposes that are permitted by the Board. Restricted Areas may include environmentally or historically sensitive areas, riparian corridors, wetlands, and other areas the Board desires to preserve in their natural state or otherwise preserve for the protection of wildlife, cultural sites, personal safety, security or other mutually beneficial purposes. The Restricted Areas may be removed, enlarged or reduced or other portions of the Property may be added to the Restricted Areas by the Board from time to time to the extent reasonably necessary to achieve such purposes.

2.9 Easements. Easements may be reserved as part of the Common Property for signage and visual landscape features, or as otherwise provided in the instrument establishing the easement. Such easements are to be maintained by the Association and no changes in landscaping will be permitted without written authorization by the Board. No building, wall, fence, paving, landscaping or construction of any type shall be erected or maintained by any Owner so as to trespass or encroach upon easements included in the Common Property.

ARTICLE 3
RESTRICTIONS ON USE OF RESIDENTIAL UNITS

3.1 Structures Permitted. No structures shall be erected or permitted to remain on any Residential Unit except structures containing residential dwellings and structures normally accessory thereto as approved by the Board. Dwellings constructed on Residential Units within the Property may be subject to minimum and maximum size restrictions. Such dwelling size restrictions shall, if established, be set forth in the Design Guidelines as adopted by the Board from time to time.

3.2 Residential Use. Residential Units shall only be used for residential purposes. Except with the consent of the Board, no trade, craft, business, profession, commercial or similar activity of any kind shall be conducted on any Residential Unit, nor shall any goods, equipment, vehicles, materials or supplies used in connection with any trade, service or business be kept or stored on any Residential Unit. The mere parking on a Residential Unit of a vehicle bearing the name of a business shall not, in itself, constitute a violation of this provision. Nothing in this paragraph shall be deemed to prohibit (a) activities relating to the rental or sale of Residential Units, (b) the right of any contractor or home builder to construct Improvements on any Residential Unit, to store construction materials and equipment on such Residential Units in the normal course of construction, and to use Residential Units as sales or rental offices or model homes or apartments for purposes of sales or rental in Ochoco West, and (c) the right of the other ner of a Residential Unit to maintain his or her professional personal library, keep his personal business or professional records or accounts, handle his or her personal business or professional telephone calls or confer with business or professional associates, clients or customers, in his or her Residential Unit by appointment only. The Board shall not approve commercial activities otherwise prohibited by this paragraph unless the Board determines that only normal residential activities would be observable outside of the Residential Unit (which activities may be specified in Policies and Procedures adopted by the Board) and that the activities would not be in violation of applicable governmental ordinances.

3.3 Offensive or Unlawful Activities. No noxious or offensive activities shall be carried on upon any Residential Unit, nor shall anything be done or placed on any Residential Unit that interferes with or jeopardizes the enjoyment of other Residential Units or the Common Property, or that is a source of annoyance to residents. Occupants shall use extreme care about creating disturbances, making noises or using musical instruments, radios, televisions, amplifiers and audio equipment that may disturb other occupants of Residential Units. No unlawful use shall be made of a Residential Unit nor any part thereof, and all valid laws, zoning ordinances and regulations of all governmental bodies having jurisdiction thereof shall be observed.

3.4 Animals. No animals of any kind shall be raised, bred or kept in or upon any Residential Unit, except dogs, cats and such other household pets a-; may be approved by the Board, and then only provided they are not kept, bred or maintained for any commercial purposes or in unreasonable numbers. Roosters, goats, sheep, turkeys, ducks, and livestock as defined by ORS 609.125, are prohibited. Owners of pets shall be responsible for compliance with all Crook County leash laws, as applicable, and other laws related to the control of pets. The Association may adopt reasonable Policies and Procedures designed to minimize damage and disturbance to other Owners and occupants, including regulations requiring waste removal, leash controls, occupancy limits based on size and facilities of the Residential Unit and fair share use of the Common Property.

3.5 Rental of Residential Units. Unless an Owner is prohibited from leasing or renting his or her Residential Unit by the terms of another document, an Owner shall be entitled to rent or lease his or her Residential Unit if: (i) there is a written rental or lease agreement specifying that the tenant shall be subject to all provisions of the Governing Documents and a failure to comply with any provision of the Governing Documents shall constitute a default under the agreement;
(ii) the period of the rental or lease is not less than thirty (30) days; (iii) the Owner gives notice of the tenancy to the Board and has otherwise complied with the terms of the Governing Documents; (iv) the Owner gives each tenant a copy of the Governing Documents; and (v) the Residential Unit is rented to not more than one (1) family at any time. Upon satisfaction of the foregoing conditions, all rights to the use and enjoyment of the Common Property shall be exercised by the tenant rather than by the Owner of the leased or rented Residential Unit; however, the Owner shall not be relieved of the obligations and duties imposed by these rules. No 0Vvner may lease or rent an unimproved Residential Unit.

3.6 Maintenance of Structures. Each Owner shall maintain the Owner’s Residential Unit and Improvements thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire or other hazard. Such maintenance shall include, without limitation, exterior painting or staining, repair, replacement and care for roofs, gutters, downspouts, exterior building surfaces, fences, walks, lights, privacy screening, and other exterior Improvements and glass surfaces. All repainting or restaining, any change in type of roof or roof color and any exterior remodeling or changes shall be subject to prior review and approval by the Board. Damage caused by fire, flood, storm, earthquake, riot, vandalism, or other causes shall likewise be the responsibility of each 0\.\-ner and shall be restored within a reasonable period of time. Any change in appearance must first be approved by the Board.

3.7 Maintenance of Landscape. Except as otherwise provided in these rules, each Owner shall keep all shrubs, trees, grass and plantings of every kind on the Owner’s Residential Unit neatly trimmed, properly cultivated and free of trash, weeds and other unsightly material. Further, each Owner shall maintain the park strip adjacent to the Owner’s Residential Unit (the landscaped area between a sidewalk and the paved street), if any, to the same standards as provided in this Section. Clearing sidewalks of snow and debris is also the responsibility of the adjacent Residential Unit Owner. Each Owner shall keep landscaping maintained so as not to create a health or fire risk.

3.8 Prohibited Vehicles. No stripped down, partially wrecked, inoperative or junk motor vehicle, or sizeable part thereof, shall be permitted to be parked on any Residential Unit or Common Property. Except to the extent specifically authorized in the Policies and Procedures, off-road vehicles may not be operated within the Property however, off-road vehicles may use community roads to access riding areas only. The Association Policies and Procedures may restrict the amount of noise vehicles may generate.

3.9 Parking and Street Obstructions. No Owner shall do anything which will in any manner prevent the streets within the Property from at all times being free and clear of all obstructions and in a safe condition for vehicular use. As long as applicable ordinances and laws are observed, any vehicle which is in violation of this Property may be removed.

3.10 Grades, Slopes and Drainage. Each Owner shall accept the burden of, and shall not in any manner alter, modify or interfere with, the established drainage pattern and grades, slopes and courses related thereto over any Residential Unit or Property without the express written permission of the Board, and then only to the extent and in the manner specifically approved. Except with express written permission of the Board, no structure, plantings or other materials shall be placed or permitted to remain on or within any grades, slopes, or courses, nor shall any other activities be undertaken that may damage or interfere with established slope ratios, create erosion or sliding problems, or change the direction of or obstruct or retard the flow of water through drainage and infiltration systems.

3.11 Signage.

(a) General Prohibition; Exceptions. No sign or billboard of any kind (including, but not limited to, commercial or political signs to the extent such prohibition is permitted by law) shall be displayed on any Residential Unit to public view, except for:

(i) traffic and directional signs established by the Board;

(ii) signs that are required for legal proceedings;

(iii) during the time of construction of any Improvement, one job identification sign, the size, color and design of which shall be determined by the Board; and

(iv) signs, billboards or other advertising devices or structures used by any Builder or Owner authorized by the Board in connection with the development, marketing, advertising, sale or rental of any interest in a Residential Unit or other portion of the Property.

(b) POA Board of Directors Regulation. The size, design and placement of the job identification sign shall be in accordance with any Design Guidelines established by the Board. Except as provided in Section 6.12(a)(iv), signs shall be prohibited anywhere within the Residential Unit that would be visible from outside the Residential Unit.

3.12 Completion of Construction. The construction of any building on any Residential Unit, including painting and all exterior finish, shall be completed within twelve (12) months from the beginning of construction so as to present a finished appearance when viewed from any angle and the Residential Unit shall not be occupied until so completed. In the event of undue hardship due to weather conditions or other causes beyond the reasonable control of the Owner, this time period may be extended for a reasonable length of time upon written approval from the Board. The building area shall be kept reasonably clean and in workmanlike order during the construction period. All unimproved Residential Units shall be kept in a neat and orderly condition. free of brush, vines, weeds and other debris, and grass thereon shall be cut or mowed at sufficient intervals to prevent creation of a nuisance or fire hazard and to follow forest fuels management and fire prevention practices required by the Association or the applicable Governmental Authority.

3.13 Fences and Walls. All fences and walls within the Property must conform to the requirements contained in the Governing Documents or Design Guidelines.

3.14 Temporary Structures. No structure of a temporary character, trailer, tent, shack, garage, barn or other outbuildings nor any uncompleted building shall be used on any Residential Unit at any time as a residence either temporarily or permanently.

3.15 Antennas and Satellite Dishes. Over the-air reception devices are not permitted within the Property except standard TV antennas, satellite dishes, and wi-fi antennas are permitted so long as they comply with any Design Guidelines and any other applicable restrictions adopted by the Board.

3.16 Limitations on Open Fires. No incinerators or other open fires shall be kept or maintained on any Residential Unit; provided, however, that the foregoing restrictions shall not apply to outdoor facilities such as propane or natural gas grills, portable barbeque units, gas­ burning fire pits or to burning in connection with certain construction and other activities as permitted by County regulations. Additionally, no smoking or open fires on Common Property is permitted.

3.17 Pest and Weed Control. No Owner shall permit anything or condition to exist upon any Residential Unit which shall induce, breed or harbor infectious plant diseases or noxious insects or vermin. Each owner shall control noxious weeds on the Owner’s Residential Unit and shall comply with the noxious weed plan for Ochoco West as required by the applicable Governmental Authority.

3.18 Paths and Trails. No Owner, other than the Association, may create any paths or trails within the Property without the prior written approval of the Board.

3.19 Drainage. Design and construction of drainage facilities for each Residential Unit shall conform to the requirements of the Board or any Design Guidelines. The Board generally requires disposal of storm water by infiltration and/or dispersion on each Residential Unit. Each Owner shall regularly clear all storm drainage inlets and maintain the capacity and flow of all storm drainage Improvements and drainage swales situated on the Owner’s Residential Unit.

3.20 Solid Waste. No part of the Property shall be used as a dumping ground for trash or rubbish of any kind, and no rubbish, refuse or garbage shall be allowed to accumulate. Disposal of solid waste, including normal household waste, yard waste and household hazardous waste from each Residential Unit, shall conform to the requirements and procedures set forth by the Association. Should any Owner or occupant responsible for its generation fail to remove any trash, rubbish, garbage, yard rakings or any other such materials from any streets or the Property where deposited by such Person within ten (10) days following the date on which notice is mailed to the Owner or occupant by the Board of Directors, the Association may have such materials removed and charge the expense of such removal to the Owner.

3.21 Association Policies and Procedures. In addition to the restrictions in this Regulations, the Association from time to time may adopt, modify or revoke such Policies and Procedures governing the conduct of Persons and the operation and use of Residential Units and the Common Property as it may deem necessary or appropriate to insure the peaceful and orderly use and enjoyment of the Property. A copy of the Policies and Procedures, upon adoption, and a
copy of each amendment, modification or revocation thereof, shall be furnished by the Board to
each Owner and shall be binding upon all Owners and occupants of all Residential Units. The method of adoption of such Policies arid Procedures shall be as provided in the Bylaws.

3.22 Time-sharing or Fractional Interest Ownership Prohibited. No purchaser of a Residential Unit, or interest therein, or use thereof: shall receive a right in perpetuity, for life, or for a term of years, to the recurrent, exclusive use or occupancy of such property annually or on some other periodic basis if four or more such use or occupancy periods over a period of three years or more have been created with respect to such Residential Unit, and any such attempted conveyance shall be void; provided, however, this restriction shall not be interpreted to prevent joint ownership of Residential Units not including such exclusive use periods.