BYLAWS OF
PINE SHADOWS SUBDIVISION PROPERTY OWNERS ASSOCIATION,
A NON-PROFIT CORPORATION
AMENDED December 09, 2000 - Art 3, Sec 1, 3 & 4 - Art 10
AMENDED August 21, 2004 - Art 4, Sec 2
AMENDED AUGUST 18, 2007-Art.3, Sec. 4
AMENDED AUGUST 16, 2008-Art 4 Sec 2, 8 and Art 10
ARTICLE ONE: OFFICES
The principal offices of the association shall be located at 440 Viking Drive, Rapid City, South Dakota 57701 until such time as 70% of all lots have been sold and the association is turned over to the lot owners of the Pine Shadows Subdivision, at which time the principal office of the corporation shall be located at a place designated by the Board of Directors within the State of South Dakota. The association may have such other offices, either within or without the State of South Dakota, as the Board of Directors may determine from time to time.
ARTICLE TWO: MEMBERSHIP
Section 1. Classes of Membership: There shall only be one class of membership designated as general membership.
Section 2. Qualifications of Membership: Ownership of any lot within the Pine Shadows Subdivision located in Fall River County described as follows:
All of Blocks One (1) Through Four (4), both inclusive, of Pine Shadows Subdivision located in Merrill Tract, according to the plat thereof recorded in Book 9 of Plats, Page 31, Office of the Register of Deeds, Fall River County, South Dakota, Less Highway Right-of-way, and Less Lot H-1 located in Sections Four (4) and Nine (9). Lots One (1) and Two (2), South One-half (S 1/2), Northeast Quarter (NE 1/4), Southeast Quarter (SE 1/4), and the East One-Half (E 1/2), West One-Half (W 1/2) in Section Five (5), all in Township Eight (8) South, Range Five (5) East of the Black Hills Meridian, Fall River County, South Dakota
shall qualify and obligate the owner to membership in the Pine Shadows Subdivision Property Owners Association. Each and every lot owner, in accepting a Deed or Contract for Deed, agrees to and shall be a member of and subject to the obligations duly enacted by the laws and rules of the association.
Section 3. Voting Rights: Each owner of the lot shall be entitled to one (1) vote. If there is more than one owner of the lot, the owners must decide among themselves how to cast their one vote. Fractional voting will not be allowed. owners of more than one lot shall be entitled to one vote for each lot. The purchase or acquisition of legal title in any manner of any lot within the above-described property shall constitute the lot owners consent to and acceptance of the duties and responsibilities of membership in the association.
Section 4. Termination of Membership: Membership in the association shall be terminated only by the sale and transfer of the member's ownership interest in the lot owned within the subdivision, or the death of such member.
ARTICLE THREE: MEETING OF MEMBERS
Section 1. Annual Meeting: An annual meeting of the members shall be held at a place designated by the Board of Directors on the third Saturday in August. If the day fixed for the annual meeting is a legal holiday in the State of South Dakota, such meeting shall be held on the next succeeding business day.
(was: second Tuesday in the month of September in the year after which 70% of the lots in the subdivision have been sold and the association has been transferred to the lot owners.)
Section 2. Special Meetings: Special meetings of the members may be called by the President, the Board of Directors, or not less than 15% of the members, the place to be designated by the Board of Directors or the parties calling the meeting.
Section 3. Notice of Meetings: Written or printed notice stating the place, day and hour of any meeting of members shall be delivered either personally or by mail to each member entitled to vote at such meeting not less than 15 nor more than 30 days before the date of such meeting by or at the direction of the President or Secretary, Board of Directors, or persons calling the meeting. In case of special meetings, the purpose or purposes for which the meeting is called shall be stated in the notice. The notice of meeting shall be deemed to be delivered when deposited in the United States Mail addressed to the member at his or her address as it appears on the records of the association, with postage thereon prepaid.
(was: 10)
Section 4. Quorum and Voting: A quorum of owners present and voting (in person or by written proxy), of at least fifteen (15) lots, shall be necessary to conduct business. All voting shall be done only by those present at any meeting of the members. Proxy votes are allowed only by sealed written ballot delivered to the secretary no later than one (1) week prior to any meeting of the members. If a quorum is not present at any meeting of members, the majority of the members present may adjourn the meeting from time to time without further notice.
ARTICLE FOUR: BOARD OF DIRECTORS
Section 1. General Powers: The affairs of the corporation shall be managed by the Board of Directors. Directors shall be elected from among the membership of the association.
Section 2. Number, Tenure and Qualifications: The initial Board of Directors shall serve until such time as 70% of the lots in the Pine Shadows Subdivision have been sold, at which time the association shall be turned over to the lot owners. Thereafter, the Board of Directors shall be five (5). Directors shall be elected at the annual meeting of the members and the term of office of each director shall be a 2 year term, alternating 3 members elected one year and 2 people the next year. The qualifications for election to the Board of Directors shall be; membership in the Pine Shadows Subdivision Property Owner’s Association and a minimum qualification of being current on dues and assessments. Only one household member may serve on the board of directors at any one time, unless there are not sufficient qualified candidates on the ballot. A board member may be removed from the board for any reason by a majority vote of qualified members at an annual meetingor special meeting.
Section 3. Regular Meetings: A regular meeting of the Board of Directors shall be held without any other notice than this Bylaw immediately after and at the same place as the annual meeting of members. The Board of Directors may provide, by resolution, the time and place of holding additional regular meetings without other notice than such resolution. Additional regular meetings shall be held at the place designated in the resolution.
Section 4. Special Meetings: Special meetings of the Board of Directors may be called by or at the request of the President or any two directors and shall be held at the place designated by the Board of Directors for holding of such meetings.
Section 5. Notice: Notice of any special meeting of the Board of Directors shall be given at least two days prior thereto by written notice delivered personally or by mail or telegram to each director at his or her address as shown by the records of the association. If mailed, such notice shall be deemed to be delivered when deposited in the United States Mail in a sealed envelope so addressed with postage thereon prepaid. If notice is given by telegram, such notice shall be deemed to be delivered when the telegram is delivered to the telegraph company. Any director may waive notice of any meeting. The attendance of a director at the meeting shall constitute a waiver of notice of such meeting, except where a director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.
Section 6. Quorum: A majority of the Board of Directors shall constitute a quorum for the transaction of business at any meeting of the Board; but if less than a majority of the directors are present at any meeting, the majority of the directors present may adjourn the meeting from time to time without further notice.
Section 7. Board Decisions: The act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors unless the act of a greater number is required by law or by these Bylaws.
Section 8. Vacancies: Any vacancy occurring on the Board of Directors and any directorship to be filled by reason of an increase in the number of directors shall be filled by the Board of Directors. A director appointed to fill a vacancy shall serve until the next annual meeting or special meeting where an election is held.
Section 9. Compensation: Directors as such shall not receive any stated salaries for their services, but by resolution of the Board of Directors, a fixed sum and expenses of attendance, if any, may be allowed for attendance at any regular or special meeting of the Board. Nothing herein contained shall be construed to preclude any director from serving the corporation in any other capacity and receiving compensation therefore.
ARTICLE FIVE: OFFICERS
Section 1. Officers: The officers of the association shall be a President, a Vice-President, a Secretary and a Treasurer. Officers shall be elected by the Board of Directors from among the directorship of the association. The Board of Directors may appoint such other persons as it deems necessary to carry on the operations of the corporation.
Section 2. Election; Term of Office: The officers of the corporation shall be elected annually by the Board of Directors at the regular annual meeting of the Board of Directors. Each officer shall hold office until his or her successor has been duly elected and qualifies.
Section 3. Removal: Any officer elected or any person appointed by the Board of Directors to fill a position other than an office, may be removed by the Board of Directors when in it's judgment the best interest of the association would be served thereby, but such removal shall be without prejudice to the contract rights, if any, of the officers so removed.
Section 4. Vacancies: A vacancy in any office because of death, resignation, removal, disqualification or otherwise may be filled by the Board of Directors for the unexpired portion of the term.
Section 5. Powers and Duties: The several officers shall have such powers and shall perform such duties as may be from time to time specified in resolutions or other directives of the Board of Directors. In the absence of such specifications, each officer shall have the power and authority and shall perform and discharge the duties of office of the same title serving in non-profit corporations having the same or similar general purposes and objectives of this corporation.
ARTICLE SIX: CONTRACTS, CHECKS, DEPOSITS
Section 1. Contracts: The Board of Directors may authorize any officer or officers or agent or agents of the association, in addition to the officers so authorized by these bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the association, and such majority may be general or confined to specific instances.
Section 2. Checks, Drafts, or Orders: All checks, drafts or orders for the payment of money, notes, or other evidence of indebtedness issued in the name of the association, shall be signed by such officer or officers or agent or agents of the association and in such manner as shall from time to time be determined by resolution of the Board of Directors. In the absence of such determination by the Board of Directors, such instruments shall be signed by any two of the following stated officers: President, Treasurer, or Secretary of the association.
Section 3. Deposits: All funds of the association shall be deposited from time to time to the credit of the association in such banks, trust companies, or other depositories as the Board of Directors may select.
Section 4. Gifts: The Board of Directors may accept on behalf of the association any contribution, gift, bequest or devise for any purpose of the association.
ARTICLE SEVEN: CERTIFICATE OF MEMBERSHIP
The Board of Directors shall provide for the issuance of certificates evidencing membership in the association, which certificates shall be in a form as may be determined by the Board. Such certificate shall be signed by the President or Vice-President, and by the Secretary. All certificates evidencing membership shall be numbered. The name and address of each member and the date of issuance of the certificate shall be entered on the records of the association. If any certificate is lost, mutilated or destroyed, a new certificate may be issued therefore on such terms and conditions that the Board of Directors may determine. Each membership certificate shall be surrendered, and if not surrendered canceled, when its holder no longer meets the qualifications for membership in the association.
ARTICLE EIGHT: BOOKS AND RECORDS
The association shall keep correct and complete books and records of accounts and shall also keep minutes of the proceedings of its members and Board of Directors, and shall be kept at the office of the association giving the names and addresses of the members entitled to vote. All books and records of the association may be inspected by any member or his or her agent or attorney for proper purposes at any reasonable time.
ARTICLE NINE: FISCAL YEAR
The fiscal year of the corporation shall be the calendar year.
ARTICLE TEN: ASSESSMENTS
Assessments are to be set by the Board of Directors as the needs of the association shall require. The initial annual assessment for each lot is $75.00. Thereafter, the annual assessment shall not increase more than five percent (5%) per year unless such greater increase is approved by 50% of the lot owners present or by proxy and voting in person, which vote shall be taken at the annual meeting of the association, or at a special meeting called for such purpose. Special financial assessments may be made upon a vote of 66 66/100% of the lot owners present and voting in person or by proxy at the annual meeting. The Board of Directors may set the annual assessment at an amount not to exceed the maximum. The annual assessment shall constitute a lien on real estate of the owner.
Annual assessments are due on January 1st of each year and considered past due on March 1st of the same year. Any past due assessment shall be assessed a late charge of $25.00 if not paid by March 1st. The association, through its Board of Directors, may take all legal action authorized by law for collection of unpaid assessments. In the event that any legal actions brought in order to collect assessments, the lot owners will be held responsible for all legal costs associated with the collection of the assessments. Any unpaid assessment shall become a lien against the real property so assessed. Special financial assessments shall be a one time only assessment and may be collected in the same manner as the annual assessment.
ARTICLE ELEVEN: WAIVER OF NOTICE
Whenever any notice is required to be given under the provisions of the Articles of Incorporation or the Bylaws of the association, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice.
ARTICLE TWELVE: AMENDMENT OF BYLAWS
These Bylaws may be altered, amended or repealed and new bylaws may be adopted at the annual meeting or at any special meeting of members if at least thirty (30) days written notice is given of the intention to alter, amend or repeal, or to adopt new bylaws at such meeting.
DECLARATIONS OF RESTRICTIONS AND COVENANTS
TO RUN WITH THE LAND
KNOWN ALL MEN BY THESE PRESENTS:
Pine Shadows Subdivision Property Owners Association
All of Blocks one (1) through Four (4), both inclusive
of Pine Shadows Subdivision located in: MERRILL
TRACT, according to the plat thereof recorded in
Book 9 of Plats, Page 31, office of the
Register of Deeds, Fall River County, South Dakota,
LESS Highway Right-of-way, and Less Lot H-1
located in Section 4 and 9. Lots 1 and 2, S 1 /2, NE
1 /4, SE 1 /4, and the E 1 /2, W 1 /2 in Section 5, all in
Township Eight (8) South, Range Five (5) East, of
the Black Hills Meridian, Fall River County, South
Dakota.
That for the purpose of maintaining fair and adequate property values and
of continuing said property as a desirable residential part of Fall River County, South
Dakota, it hereby makes the following declarations as to restrictions and use of the
above described lots, and hereby specifies that said declarations shall constitute
covenants to run with the land and shall be binding upon all parties and all persons
claiming under them for a period of ten (10) years from the date these covenants are
recorded, after which time said covenants shall be automatically extended for
successive periods of ten (10) years unless an instrument signed by a majority of the
then owners of the lots has been recorded, agreeing to change said covenants in whole
or in part. Invalidation of any one of these covenants by county zoning or planning
requirements, judgment or court order shall in no way or respect affect any of the other
provisions which shall remain in full force and effect. All covenants will also be
recognized by and agreed to by the Pine Shadows Subdivision Property Owners
Association.
Enforcement of said covenants shall be by proceeding at law, or in equity
against any person, or persons, violating or attempting to violate any covenant, either to
restrain violations or recover damages. Any property owner (s) at their discretion may
try to enforce said covenants by filing civil suit court action against any property owner
who appears to violate any covenant.
1. LAND USE AND BUILDING TYPE:
Subject to the provisions of covenants
hereof, all lots in the above-mentioned addition shall be known, described and used
except as set forth in Paragraph 8 for residential purposes only. Only one-family units
shall be erected, altered, placed or permitted to remain on any lot, not to exceed two
stories in height on any elevation and a private garage for not more than three (3) cars.
No more than one residence shall be constructed or placed on any lot and shall not be
less than Nine Hundred (910) square feet in size. No lot shall be further subdivided if
such subdivision should result in any lot or tract of less than five (5) acres size. Any
further subdividing will be subject to the approval of any and all governing bodies. In the
event a lot is subdivided a residence may be placed on each of the subdivided lots. The
construction of any residence built must
be of new building materials and shall be completed within one (1) year from the date of
commencement thereof.
2. HOUSE TRAILERS:
House trailers shall not be permitted upon any of the
subdivision lots.
3. EASEMENT:
An easement both over and underground is reserved over a
reasonable part of said lots to be exercised in a manner not to interfere with the
reasonable utilization of said lots for residential purposes for utility installation and
maintenance. 7.5' (foot) wide utility easements reserved along each side of all lot lines.
All residences so erected shall be situated and placed upon said lots so that there shall
be a set-back of at least twenty-five (25') from the front of said lots and nine feet (9')
from the back and sides of each lot. Front of lot as herein used shall be that side of the
lot that access is afforded to said lot.
4. NOXIOUS OR OFFENSIVE ACTIVITY:
No noxious or offensive activity shall
carried on upon any lot nor shall anything be done thereon which may be or become an
annoyance or a nuisance to the neighborhood, such as old salvage automobiles, large
trucks or trailers, school buses, road construction equipment, motor parts, salvage
metals, pipes, old machinery, cement blocks and bricks, building materials, home
appliances and so forth. Also, no activity that creates excessive noises, offensive odors,
or activities or machines that create excessive amount of dust. All Trash should be
removed bi-weekly.
5. TEMPORARY STRUCTURES:
No structure of a temporary character, basement,
tent, shack, garage, barn or other outbuilding shall be erected upon or used on any lot
for a residence at any time, either temporary or permanent. Modern Campers or
Recreational Vehicles or Tents used in a recreational situation will be allowed, on the
basis of camping or vacation type situations, but will not be allowed on a permanent
basis. A permanent situation would be defined as two months or more.
6. DWELLINGS CONSTRUCTED IN ANOTHER LOCATION:
Dwelling constructedin another addition or location shall not be moved to any lot within this Subdivision. New
Modular homes can be placed on any of the lots and if a Modular home located on any
of the lots is to have any addition or entrance added to such home, such additions and
entrances shall be constructed of new material and pursuant to sound building
practices and must have adequate foundations. Older dwellings existing in another
addition or location shall not be moved to any lot or tract within this subdivision.
7. SEPTIC TANK, CESSPOOL, AND LATERAL SPECIFICATIONS:
Said premises
shall not be used or maintained as a dumping ground for old cars, rubbish, or trash, and
all garbage or similar waste shall be kept in sanitary containers and all incinerators and
other equipment for disposal of garbage shall be kept in a clean, sanitary and fire safe
condition. Until said addition is included within an approved sanitary district, the owner
of the premises shall maintain a septic tank for the sanitary disposal of sewage when
permanent residence is completed which shall be in conformity with the minimum
requirements of the county of Fall River and or the State of South Dakota health
requirements.
8. COMMERCIAL ACTIVITIES:
No commercial activity of any kind shall be
permitted on these lots or premises except those contiguous to State Highway 71.
These properties are deemed as commercial property upon which commercial activities
may be under-taken.
9. HOME-BASED BUSINESS:
Home-based business will be allowed provided the
business does not alter the residential character of the neighborhood and does not
cause adverse traffic, nuisance, noise or other possible effects. The business is
conducted only by members of the family residing at the premises and conducted from
the house, garage or other detached structure and not visible to the public. Public
access to the home business shall be by invitation or appointment only. No exterior
display or signage shall be allowed.Activities conducted entirely within the residences, such
as internet transaction and stock market transaction which do not account for
additional vehicle or pedestrian traffic is allowed.
10. GARAGE SALES:
Garage sales, yard sales and rummage sales are permitted
as long as they shall last no more than three (3) days in duration and held no more
than three (3) times per year and offer a thirty (30) daybreak between sales. It is not
permissible to leave sale items displayed outside a structure between sales. Signs
advertising the sales must be removed immediately after the sale is concluded.
Sales must be conducted on the owner’s property, or another owner’s property in the
case of a multi-party sale.
11. SIGNS:
No sighs of any kind shall be displayed to the public view on any lot,
provided, however, that it shall be permissible to display on any lot one (1) professional
sign of not more than six (6) square foot or one sign of not more than five square feet
advertising the property for sale, or signs used by a builder or the owners to advertise
the property during the construction and sale period; commercial lots shall be exempt
from this provision.
12. DRIVEWAYS:
All private driveways which cross a ditch or burrow pit of a public
roadway and which would obstruct the flow of water through said ditch or burrow pit,
must have a culvert installed in the ditch prior to the construction of the driveway. The
cost thereof shall be borne by the landowner.
13. FENCES:
All fences upon the exterior boundaries of any lot or site shall be of a
reasonable uniform character, not in excess of six feet in height. New fencing
material is required.
14. PROPERITY OWNER ASSOCIATION:
1. Ownership of any lot within the above-described property shall qualify and
obligate the owner to membership in the Property Owner's Association, which shall be a
non-profit South Dakota corporation. Each and every lot owner, in accepting a deed or
contract for deed for any lot, agrees to and shall be a member of and subject to the
obligations and duly enacted bylaws and rules of Property Owners Association.
2. Each owner of a lot shall be entitled to one vote. If more than one owner
of a lot, the owners must decide among themselves how to cast their one vote.
Fractional voting will not be allowed. Owners of more than one lot shall be entitled to
one vote for each lot owned. Meetings of the Property Owners Association will be held
at least annually, and fifteen (15) days written notice by mail to the owner's last known
address shall be given of the time and place of the meeting. A quorum of owners of at
least fifteen (15) lots shall be necessary to conduct business. A special meeting of the
Property Owners Association may be set by the president or any 15 lot owners.
3. The Property Owners Association shall be responsible for the
improvement and maintenance of the residential roads and right-of-way of the roads.
4. The Property Owners Association acting through its Board of Directors
shall have the duty of enforcement of the covenants and collection of all annual and
special assessments.
5. The initial annual assessment of each lot shall be set at $75.00 dollars.
The annual assessment shall be raised by the Board of Directors as the needs of the
Property Owners Association shall require. The annual assessment shall not increase
more than 5% per year unless such greater increase is approved by 50% of the lot
owners present and voting in person, which vote shall be taken at the annual meeting
of the Property Owners Association or at a special meeting called for such purpose.
Special assessments may be made upon a vote of 2/3 of the lot owners present and
voting in personal at the annual meeting. The Board of Directors may set the annual
assessment at an amount not to exceed the maximum. The annual and special
assessment shall constitute a lien upon the real estate of the owner. Any assessment
not paid within 30 days after it is due shall bear interest at the rate of interest set for
judgments by the laws of the State of South Dakota.
No assessment of any nature shall be made upon lots owned by developer.
6. The Association, through its Board of Director, may bring legal action for
collection of any unpaid assessment or foreclose the lien against the real estate of the
property so assessed.
15. LIVESTOCK AND PETS:
Except as hereinafter specified, no animals
of any kind shall be raised, bred or kept on any lot.
1. Cats, dogs, or other household pets may be kept provided that they are
not kept, bred or maintained for any commercial purpose.
2. It shall be permissible to keep or graze horses, donkeys, mules, Llama, and
Alpacas upon the above-described property provided there is no more than One (1)
horse, donkey, mule, Llama and Alpacas for every 80,000 square feet of property on
any lot or Tract.
3. One (1) young calf or sheep can be raised for the purpose of a short-
term project such as a 4-H club, or Future Farmers of America project situation but
cannot be kept on a permanent basis. A permanent situation would be defined as 9
months or more.
4. Chickens may be kept on the owners property as an accessory use for the
purpose of having private laying hens provided there are not more than 12 such chickens and a
proper chicken coop and fenced chicken yard is provided for proper containment. The
coop and yard must be kept clean and manure removed in a timely manner. No
roosters will be permitted. The chickens will not be allowed to roam free range. The
keeping of chickens shall not create a nuisance, odor or a disturbance of the peace.
5. Hogs or Pigs are not allowable on any Lot at any time.
6. All animals and poultry described aforementioned are allowed only by the
persons who own or lease the lot. No commercial boarding or raising of animals or
poultry owned by other persons will be allowed.
7. It shall be permissible to construct barns or stables or coop upon said
property for the purpose of sheltering said animals permitted in number to graze upon
said lots as aforesaid, provided that the same shall be constructed of new material and
in neat and reasonable fashion commensurate with all of the construction on the above-
described property and, so far as is practicable, shall be of a similar type of construction
as of the home upon said lot. No barn or stable or coop shall be constructed within
seventy-five feet (75') of any adjoining residence and accumulation of manure attracting
flies or causing odor shall be prohibited.
All of the above provisions relate to the grazing and pasturing of animals or poultry
upon the above-described property, notwithstanding the above provisions, shall be in
conformity with the minimum requirements and standards of Fall River County, South
Dakota and the regulations promulgated by it from time to time.
Sign up to receive notifications by email.