Restrictive Covenants & Guide Lines for Resort Development & Operation

Covenants or CC&R's are common all over the country to make buyers/lot owners aware of how the property will be developed now and in the future . Covenants are legal and binding rules that protect property owners from having conditions develop near there property that would jeopardize there enjoyment of there property or degrade the value of there investment . A draft copy of this document is posted on this page.

DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR:

 This declaration of Covenants, Conditions and Restrictions is made to be effective the _________ day of _________, 2008, by Idaho SR, llc., Doug & Kelly Tolbert (“Declarant”).

 WHEREAS, Declarant is the owner of certain real property in Fremont  County, Idaho, known as Idaho Sand Resort more particularly described as all that real property shown and described as Exhibit A attached hereto and made a part hereof as though set forth in full herein (hereinafter referred to as the “Subject Property”); and 

 WHEREAS, Declarant desires to provide for the preservation of the desirability and attractiveness of the Subject Property, and any real property which may be annexed thereto pursuant to this Declaration, through the covenants, conditions, restrictions and provisions as hereinafter set forth; and 

 WHEREAS, Declarant desires to preserve scenic and recreational values on Subject Property.

 NOW, THEREFORE, The Declarant hereby declares that the Subject Property, and any real property which may be annexed thereto pursuant to the provisions of the Declaration, shall be held, conveyed, divided, encumbered, hypothecated, bonded, rented, used, occupied and improved in accordance with and subject to the following provisions, covenants, conditions and restrictions (hereinafter sometimes collectively referred to as “Covenants”), all of which are for the purpose of enhancing and protecting the character, values, desirability and attractiveness of said real property.  The covenants shall run with said real property and shall be binding on all parties having or acquiring any right, title or interest in said real property, or any part thereof, their heirs, personal representatives, successors and assigns, and shall inure to the benefit of the Declarant, and each Owner, (as hereinafter defined) or person or entity deriving rights from an Owner.  Any conveyance, transfer, sale, assignment, lease or sublease of said real property will be and hereby is deemed to incorporate by reference the provisions of this Declaration and the Covenants herein contained.
 

ARTICLE I:
DEFINITIONS

The following terms and phrases used in these Covenants shall be defined as follows:

 Section 1:    Association shall mean the Idaho Sand Resort Subdivision Homeowners Association, an Idaho nonprofit corporation, composed of all Owners of Lots, established to administer and enforce the terms and conditions of these Covenants.

 Section 2:   Board shall mean the Board of Directors of the Association.

 Section 3:    Building Envelope shall be defined as the outlined area within a Lot identified on the Subdivision Plat of the Property within which all buildings shall be constructed.

 Section 4:   Common Roads shall mean the private roadways within the Property that are depicted on the Subdivision Plat or described herein which provide access to or are utilized by more than one Lot.

 Section 5:   Common Services shall mean roadway maintenance and garbage dumpster for the Common Roads  and all other common areas and facilities as required to maintain the development .

 Section 6:   Development shall mean any alterations of the natural land surface, and all buildings, structures or other site improvements placed on the land to accommodate the use of a Lot.

 Section 7:   Lot shall mean the Self contained recreational vehicle parking area and or single family residential plots of land which comprise the Property as set forth on the Subdivision Plat.

 Section 8:   Owner shall mean the record owner of a Lot, including a contract purchaser, but excluding anyone having an interest in a Lot  as security for the performance of an obligation.

 Section 9:   Principal Residences shall mean the single-family residential structure, or storage garage buildings constructed on any Building Envelope or self contained recreational vehicles to be temporarily parked and used within the property, which is the principle use of such Lot, and to which other authorized structures on such site are accessory.

 Section 10:  Property shall mean the real property described in Exhibit “A” attached hereto and made a part hereof, and shall also include any other real property subjected to these Covenants by the annexation of any future phases as provided in this Declaration.

 Section 11:  Structure shall mean anything built or placed on the ground, not including landscaping or underground installations.

 Section 12:  Subdivision Plat shall mean the map or plat of Idaho Sand Resort Planned Unit Development as recorded in the Office of the Clerk of Fremont County, as it may be amended from time to time, and including any future phases of Idaho Sand Resort Subdivision Planned Unit Development.

 Section 13:  Fremont County shall mean Fremont County, Idaho.

 Section 14:  RV shall mean any recreational vehicle and shall be required to be a self contained unit meaning it is capable of carrying its own fresh water supply and contain any waist liquids produced in said RV.  Said RV units shall also be required as per RVIA standards to be equipped with fire extinguishers as per code . This includes all classes of motor homes ,travel trailers , 5th wheel trailers, and pickup campers. 
            Section 15:  ATV shall mean any and all types of all terrain or off road vehicles , sand cars , 4 wheelers, and motorcycles. 
            Section 16:  GUEST shall mean any and all people and vehicles visiting or staying on said owners lot .
ARTICLE II:
HOMEOWNERS’ ASSOCIATION

 Section 1:    One (1) owner of each lot shall be a member of the Homeowners’ Association.  Membership is appurtenant to and may not be separated from ownership of any lot which is subject to assessment. 

 Section 2:   The Homeowners’ Association shall have one class of voting membership.  Members shall all be lot owners and shall be entitled to one (1) vote for each lot owned.  When more than one (1) person holds an interest in any lot, all such persons shall be members.  The vote for such lot shall be exercised as they among themselves determine, but in no event shall more than one (1) vote be cast with respect to any lot.

 Section 3:   The Homeowners’ Association shall be responsible for the enforcement and administration of the requirements of these covenants and shall contract for and supervise common services, enforce the development and use regulations, and take all other actions necessary to administer and enforce these covenants.

 Section 4:   The Homeowners’ Association shall meet from time to time as necessary to administer and enforce these covenants.  The owners through the purchase of their lots agree to serve on the Homeowners’ Association.  One person will be elected to serve as the President and will be the contact person for subdivision matters.

 Section 5:   The Homeowners’ Association shall contract for periodic maintenance services on the Common Roads and approved garbage dumpster serices .  The Association shall prepare an annual budget estimate.  Billing for common services shall be paid by lot owners within thirty (30) days of the billing date, billing will be twice yearly.  Each lot owner will be responsible for and billed for their respective share of the cost for the road maintenance costs.  The initial assessment for common services will commence from and after the date of closing on a lot.  Any assessment not paid thirty (30) days after the due date shall incur a 10% penalty.  The Homeowners’ Association may bring an action at law against the owner personally obligated to pay the same, or place a lien on the lot owner’s property.  The lien of the assessments provided herein shall be subordinate to the lien of any existing first mortgage.  Sale or transfer of any lot shall not affect the assessment lien.
• Assessments.  Costs for road maintenance 7 garbage disposal , will be assessed on a per lot basis.
• Special Assessments.  On the approval of a majority of the voting members in person or with a proxy, the homeowners’ association shall have the authority to establish special assessments to meet emergency or unusual conditions that have arisen with regard to the access facilities or utilities which service the property.
• Limitation of Liability.  Neither the Homeowners’ Association nor any member thereof shall be liable to any party for any action or inaction with respect to any provision of these covenants, provided that the Association or member thereof has acted in good faith.
 

ARTICLE III:
GENERAL RESTRICTIONS

 Section 1:  No lots may be sold (warranty deeds transferred) prior to the recording of the final plat in the Office of the Recorder of Teton County, Idaho.  Furthermore, no building permits shall be given until all infrastructure improvements have been completed.

 Section 2:  No lots within Idaho Sand Resort Subdivision may be further divided.

 Section 3:  The number of RV units allowed to camp on said lot at any one time will be limited to 6 units per ½ acre . Larger lots will increase allowable RV units as per increase in acreage of individual lot . Lot owners will be held responsible for visitors saying on said lots and required to make them aware of covenants and restrictions . Owner will be held reasonable for any and all issues arising from there quests . Sub leasing or renting of RV camping sites within Idaho Sand Resort will be strictly prohibited. 

 Section 4:  Noxious weeds must be kept under control at all times at the expense of the owner, and lots shall not be left in an uncared for condition.  In the event that a lot owner fails to comply with weed control, either the Owners or the Idaho Sand Resort Subdivision Homeowners’ Association, whichever is applicable, shall commence to eliminate the weeds from the infested lot.  A penalty will be assessed to the lot and a lien recorded in the office of the Clerk of Fremont  County, Idaho to collect the penalty and the cost of the weed eradication if the owner does not reimburse said weed control costs.

 Section 5:   Owners’ right to agriculture is protected under the Idaho Right to Farm Act – Idaho Code Chapter 45, Sections 22-4501 through 22-4504.

 Section 6:  All areas disturbed by construction shall be reclaimed or covered with some type of material to prevent issues from blowing sand as much as possible in this sand dune area . 

 Section 7:  Each owner shall keep all lots and the exteriors of improvements thereon and the exteriors, landscaping and surrounding areas of all structures in good order and repair, and in a clean, safe, and attractive condition.

 Section 8:  No structures of a temporary character, RV’s, mobile homes, trailers, tents, tepees, shacks, garages, barns or other outbuildings shall be used on any lot as a permanent residence. 

 Section 9:  No activity shall be allowed on any lot which disturbs or harasses wildlife.  No hunting shall be allowed on any lot.

 Section 10:  Idaho Sand Resort is designed with the purpose of off road motor enthusiasts using and enjoying there off road vehicles and the owner is aware of the noise from said off road vehicles . Owners however accept the reasonability to make every effort to control noise and dust from there off road vehicle in the interest of other in the sub division . 

            Section 11:  Owners agree to abide by the quite time hours of 10PM to 7AM during witch time off road vehicles shall not be used . Loud parties and music that can be herd outside owners lot will be strictly prohibited to respect the rights of other lot owners . Proper generators are allowed during quiet time hours .

            Section 12:  Owners agree to abide by a speed rule inside the resort of 5 MPH for safety , dust & noise control . 

 Section 13:   Generators will certainly be allowed under the following criteria . 
Generators that are enclosed in RV units with a proper muffler system installed and or enclosed in an out building with proper ventilation and muffler systems to ensure the controlling of noise and allow for safe operation . 

 Section 14:  Owners of animals shall exercise proper care, restraint and control of their animal or animals to prevent them from becoming a nuisance .Each lot owner may keep up to (2) dogs and (2) cats and other small animals only in numbers that do not create a nuisance or offense to surrounding property owners. Owners must keep there animals on there lot at all times  and barking dogs shall be attended to immediately .  Large animals such as horses shall be prohibited .
           Section 15:  Idaho Sand Resort road will not be plowed for snow and will be closed during the winter months when snow fall begins and will open in the spring when the snow melts away . Idaho Sand Resort is a summer resort and year round residency is not allowed . 
          Section 16:  Camp fires will require a well maintained fire pit and at least a 15 feet radius around said fire pit clear from combustible vegetation and materials. Owners will be held responsible for making sure fires have been completely extinguished when not attended to and will not have open fires at any time that the forest service has declared a no fire restriction on public lands that are in close proximity to the resort .
          Section 17:  Garbage will be disposed of in the designated dumpster containers contracted by the home owners association ,and each owner will keep there lot clean from trash . 
 

ARTICLE IV:
DESIGN STANDARDS
 

 The following standards and restrictions in this Declaration are applicable to all Development, including construction, remodeling, alteration and exterior finishing of any and all building improvements and site preparation.  The intent of the Declarant in establishing these Covenants is to create and maintain a summer resort community  in a natural environment.

 Section 1:  All residences shall be a minimum of 1000 square feet in area. Currant Fremont County codes require 2.5 acres to secure a building permit for a permeate residence and thus will require ownership of multiple lots . Securing of a building permit will also require a sewer system design and permit from district 7 health .

 Section 2:  Out building or garages shall be permanent type structures .

 Section 3:  Exterior finishes shall be earth toned type colors .

 Section 4:  All buildings shall consist of new construction. or pre-fabricated permeate type structures .  All construction shall comply with current Fremont County building codes and restrictions. RV units designed to be mobile units shall be prohibited from being permanently set on blocks or foundations on said lots . 
 Section 5:  Each structure shall be connected to a private water supply and waste disposal system at the owners’ expense.  Such systems shall conform to the standards applicable for the area, including, but not limited to the Idaho State Public Health Department.
            Section 6:  Wind mills and or any type of antenna array will be limited to 20 feet in overall height and solar arrays will be limited to 200 square feet in total size .

ARTICLE V:
WATER RIGHTS

 Each individual lot owner under Idaho law 42-111 has the right to apply for a permit to drill a water well for a single family dwelling or non commercial RV lot use with a restriction of ½ acre of landscaping to be watered from said well . 

ARTICLE VI:
DURATION OF COVENANTS

 All of the covenants, conditions and restrictions set forth herein shall continue and remain in effect at all times against the property and the owners and purchasers of any portion thereof, and shall be automatically extended for successive periods of ten (10) years each, unless amended by a 2/3 vote of the Homeowners’ Association.

ARTICLE VII:
SEVERABILITY

 Any decision by a court or competent jurisdiction invalidating any part or paragraph of  these covenants shall be limited to the part or paragraph affected by the decision of the court and the remainder of these covenants shall remain in full force and effect.

ARTICLE VIII:
ACCEPTANCE OF COVENANTS

 Each owner or purchaser of a lot within the property shall be bound by and subject to all of the provisions of this declaration.  Every lot owner or purchaser through their purchase or ownership expressly accepts and consents to the operation and enforcement of all the provisions of this declaration.
 

      We would love to hear your ideas and comments Email doug@powerhousecoach.com

                       Items we want to addressed with Covenants

As the developer my goal for the resort is to have a great place where families and friends can gather and enjoy both EACH OTHER and the GREAT DUNES . Having lived only 30 miles from the dunes I have MANY GREAT MEMORIES with both my family as a kid and my family and kids now .  We Love enjoying the RV life but sometimes it is hard to make the most of the time when you are jammed into an over priced camp ground where you can barley get your slides out on the RV. Having space to park your toys around and hope that they are safe . Many times issues with barking dogs or load music can be a problem .  We ourselves have considered buying a camping space in a regular RV park so we can at least be guaranteed a spot when we need it . HOWEVER when you check into it you will find out you still have to reserve in advance to get the spot you in fact own . Even if I have my spot I can't invite others to come along with me. We go to the dunes early in the spring and late into the fall long after the resort is locked up and closed . You own something you can't even use.
                                                      ( NO THANKS ) 
                               WE ARE GOING TO MAKE IT BETTER !

ITEMS 
1. Lots are Huge and you will be able to bring lots of family and friends but we don't want you to set up your own camp ground . Renting space will be prohibited, and in some way be limited by lot size square footage how many RV units can park at one time . Many buyers will form LLC's and buy as groups to offset the cost. Owners will most likely be limited to 3 and must have one person designated to speak for the group with regard to the home owners association . 
2. All owners need to be dune enthusiasts and realize that sand toys make noise. We will expect owners to be considerate of others . Quiet time hours will be 10PM to 7AM . 
3. Dogs must stay on YOUR lot and barking dogs need to be attended to .
4. Speed through the resort and on the access trail 5 MPH for safety and dust control. The association will oversee maintenance to roads and dust control . Roads in the resort are 60 feet wide half will be a road for vehicle access and half a trail for toy access.
5. Buildings will certainly be allowed and will vary from small bully barn type storage buildings, garage or shop type buildings , to even a summer home in some cases. Covenant will address size and building types , steel building will be fine but limited in colors . Colors should be white or earth type tones we don't want a blue green or orange building to detract from the beauty of the development . 
6. Wind mills solar panels ect to generate power for this presently remote location will be allowed but limited in height and size . 
7. Generators certainly allowed but will need to be in some type of building or housed in the typical motor home for noise control . We don't want open air commercial generators making lots of noise .  The association may opt to approve generator setups and building via a decibel meter a little sound pad or extra muffler can make a big difference . 
8. Access the road coming into the property will not be plowed for snow but but you will certainly be able to enjoy your property a VAST amount of the time . 

Property On The Best Dunes In The Country

The Idaho Sand Resort is a 40 acre development  located with DIRECT dune access to the best sand dunes in the country.   Offering 11,000 acres of public sand mountains,  some over 600 feet high. Most lots feature a direct view of the Grand Teton Mountains & the beautiful Snake River Valley . Enjoy Warm days & Cool nights in the clean Idaho mountain air 

Great Things To Do And See 
Yellowstone National Park - 78 Miles 
Jackson Hole Wyoming & The Grand Tetons - 87 Miles 
Saint Anthony - 8 Miles With All Needed Services 
Rexburg-17 Miles Pop 26K All Services, Shopping, Golf, Airport, Restaurants Entertainment
Idaho Falls - 45 Miles Pop 52K  Airport, All Major Shopping Restaurants Entertainment 
THE GREAT IDAHO OUTDOORS,  Hunting Fishing Mountain Riding Boating Hiking

A GREAT Investment 
Our resort allows you the rare opportunity to drive directly from Private  Property to  unprotected open sands . 
Vegetation  on public lands around the dunes is strictly protected . This Vegetation prohibits dune access from any other private lands . This fact will continue to increase the value  of this property & is the only development of its kind found anywhere in the country