Definitions

Act: means the Montana Nonprofit Corporation Act, § 35-2-113 et seq., MCA, as amended.

Accessory Dwelling Unit(s) or ADU(s): means a dwelling unit subordinate to the principal dwelling building/structure and further has the meaning given to it in the Design Manual. Construction on an ADU shall not begin unless it is contemporaneous to or after construction of the principal dwelling building/structure.

Accessory Structure: means a detached subordinate building/structure situated on the same Lot with the principal building/structure and used in a manner that is incidental to and customary to the primary use of the principal building/structure. Construction on an Accessory Structure shall not begin unless it is contemporaneous to or after construction of the principal building/structure.

Affirmative Vote of a Majority: means and shall be achieved on any particular matter if (and only if) all of the following occur: (i) before the Transfer Date, the Declarant votes in favor of such matter, and (ii) the Association receives the affirmative vote of at least a majority of votes cast at a meeting or by written ballot (as described in more detail in the Bylaws).

Affirmative Vote of a SuperMajority: means and shall be achieved on any particular matter if the following occurs: (i) before the Transfer Date, the Declarant votes in favor of such matter, and (ii) the Association receives the affirmative vote of at least 75% of the votes cast at a meeting or by written ballot (as described in more detail in the Bylaws).

Annexable Area: means the land described in Exhibit B. Unless and until a portion or all of the Annexable Area is included as part of the Property pursuant to Section 7.1(b), such portion or all of the Annexable Area is not deemed to be part of the Property and is not subject to the Governing Documents or governed by the Association.

Areas of Common Responsibility: means the Roads, public sidewalks, Common Areas, Parks, Open Spaces, Trails, storm water ponds and related facilities, mail delivery sites, and other areas, as shown on any Plat for any phase within the Starling Community, that are either owned by or required to be maintained by the Association, or which are permitted to be and are actually maintained by the Association.

Articles of Incorporation or Articles: means the Articles of Incorporation of the Association as filed with the Montana Secretary of State and any amendments and restatements thereto from time to time.

Assessments: means, collectively, General Assessments, Special Assessments, Default Assessments, and Community Transfer Assessments, as more particularly described in Article 3.

Association: means Starling Community Association, Inc., a Montana nonprofit corporation, and any successor or assign.

Association Expenses: means an amount for reserves and all actual or estimated costs, expenses, and liabilities incurred, or anticipated to be incurred, by or on behalf of the Association for: (i) regulating, operating, administering, and managing the Property and the Association and expenses for the benefit of the Association as a whole; (ii) acquiring, leasing, operating, managing, paying taxes on, maintaining, repairing, replacing, and improving the Area of Common Responsibility within the Property or required to be maintained by the City of Kalispell; (iii) procuring and maintaining insurance for the Association; (iv) levying, collecting, and enforcing the Assessments and other amounts owed to the Association; (v) administering and enforcing the Governing Documents; (vi) incurring professional fees to assist the Board in performing any rights, privileges, powers, duties, or responsibilities; (vii) performing any and all rights, privileges, powers, duties, or responsibilities expressly or impliedly permitted by the Act, the Declaration, the Bylaws, or other Governing Documents; and (viii) any other costs or expenses reasonable or necessary to perform the rights, powers, privileges, duties, and responsibilities of the Association or Board or to further the intent and purposes of the Governing Documents.

Board of Directors or Board: means the body responsible for the operation and administration of the Association, as set forth in the Declaration and as more particularly described in the Bylaws, and who shall have such privileges, powers, and rights as are set forth in the Declaration and Bylaws.

Bylaws: means the Bylaws of the Starling Community Association, Inc., as the same may be amended, restated, or replaced from time to time.

Common Area: means each common area as shown on any Plat. Rules and Regulations regarding the use of Common Areas may be established pursuant to Section 1.38.

Construction Activity: means any site preparation for initial construction on a Lot and the construction, reconstruction, repair, or replacement of any Improvement on a Lot. “Construction Activity” does not include the construction, reconstruction, repair, or replacement of the interior of any Improvement on a Lot.

Contract Purchaser: means a Person buying a Lot or a portion of any Lot pursuant to a contract for deed, Montana Trust Indenture, mortgage, or other similar instrument.

Declarant: means Starling Development, LLC, a Montana limited liability company, and any assignee who is designated as the Declarant pursuant to Section 7.4.

Declarant’s Special Rights: has the meaning given to it in Article 7.

Declaration: means the Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development, and includes all amendments, restatements, or supplements hereafter recorded in the Public Record.

Design Manual: means the Starling Community Design Manual created to govern and regulate all Construction Activity and Improvements. Before performing any Construction Activity, Owners are responsible for obtaining from the Association the most current Design Manual and for complying with the Governing Documents in regard to such Construction Activity. Notwithstanding anything to the contrary stated in the Declaration, Construction Activity performed by Declarant or Declarant’s Affiliates shall not be subject to the Design Manual or to review by the DRP.

Design Review Panel or DRP: means the Starling Community Design Review Committee, as set forth in more detail in Article 8 of this Declaration and the Design Manual.

Good Standing: means that a Member is current on the payment of such Member’s Assessments owed to the Association and that any Notice of Violation sent to the Owner has been cured to the Board’s satisfaction.

Governing Documents: means the Declaration, Bylaws, Articles, Rules and Regulations, Design Manual, and resolutions of the Board, all as amended, added to, deleted from, restated, or supplemented from time to time.

Improvement: means all dwellings, buildings, ADUs, Accessory Structures, exterior stairs, patios, decks, sidewalks, pathways, driveways, parking areas, landscaping required pursuant to the Design Manual (including without limitation and when applicable to a particular Lot under the Design Manual, plantings, hedges, trees and shrubs, and sprinkler systems), windbreaks, fences, screening walls and barriers, retaining walls, monuments, exterior lighting, solar panels, ponds, water tanks, drainage and drainage facilities, culverts, satellite dishes, and all other structures constructed or installed on the exterior of a Lot. “Improvement” does not mean any type of improvement to the interior of any Improvement on a Lot.

Invitee: means any family member, guest, tenant or lessee, agent, representative, contractor, or other invitee of an Owner.

Lot: means each parcel of property within the Property that is capable of being owned in fee simple by an Owner, including without limitation each single-family lot, each duplex unit, each condominium unit, and each commercial unit. The term “Lot” does not include an Accessory Dwelling Unit.

Manager: means the Board of Directors, a management entity, or other person or group of persons retained or appointed by the Board for the purpose of conducting the day-to-day regulation, operation, administration, and management of the Property and the Association.

Member: means each Owner of any Lot within the Property. Each Member agrees to abide by and be bound to the Governing Documents.

Open Space: means those open spaces set aside for the use of the Owners and the public, as shown on any Plat. Rules and Regulations regarding the use of Open Spaces may be established pursuant to Section 1.38.

Owner: means one or more Persons, including, without limitation, the Declarant, who hold record title to any Lot or any portion of any Lot, including contract purchasers, regardless of how such ownership was obtained (i.e., by purchase, transfer, foreclosure, tax deed, will, gift, etc.), but excluding (i) the Association, and (ii) those having an interest merely as security for the performance of an obligation. A tenant or lessee who is leasing a Lot is not an Owner.

Parks: means those parks set aside for the use of the Owners and public, as shown on any plat. Rules and Regulations regarding the use of Parks may be established pursuant to Section 1.38.

Person: means any natural person, corporation, partnership, limited liability company, association, trust, or any other legal entity.

Plat: means the Plat filed on [handwritten: December 8, 2022] as Document No. [handwritten: 202200030095] in the Public Record, and any subsequent plats or amended plats regarding the Property filed by the Declarant in the Public Record.

Property: means the real property described in Exhibit A, and any Improvements thereon. Exhibit A-1 delineates Phases 1-3 within the Property. On or before the Transfer Date, Declarant reserves the right, but does not have the obligation, to expand the Property by annexing any or all of the Annexable Area into the Property and subjecting any or all of the Annexable Area to the Declaration, as set forth in more detail in Section 7.1. After the Annexable Area, or portion thereof, has been annexed into the Property, such annexed real property shall be included in the term “Property” and such annexed property shall be subject to the Governing Documents as if it had been included in the Property at the time the Declaration was originally recorded in the Public Record.

Public Record: means the office of the Clerk and Recorder of Flathead County where land records are recorded or filed.

Quorum: has the meaning given to it in the Bylaws.

Roads: means the interior streets, alleys, and woonerfs within the Property. “Roads” does not include a driveway providing access to an Owner’s Lot.

Rules and Regulations: means any rules and regulations adopted as follows: (i) before the Transfer Date, the Declarant; (ii) before the Transfer Date, the Board and the written consent of the Declarant; or (iii) after the Transfer Date, the Affirmative Vote of a Majority. Rules and Regulations may be established for any reason authorized in the Declaration or Bylaws, including without limitation to: (i) prevent or reduce fire hazard; (ii) prevent disorder and disturbances of the peace; (iii) regulate pedestrian and vehicular traffic; (iv) regulate animals, home offices, leases, the environment, and environmental practices; (v) regulate signs; (vi) regulate the use of all Areas of Common Responsibility to assure fullest enjoyment of use by the Persons entitled to enjoy and use the same; (vii) regulate all builders/constructors and all Construction Activities; (viii) promote the general health, safety, and welfare of persons within the Property; (ix) protect and preserve property and property rights; (x) establish a process to hear grievances; (xi) establish fines and other remedies for violation of the Governing Documents; and (xii) for any other purpose permitted by the Declaration and Bylaws. All Rules and Regulations shall be posted on the Association’s website. A Rule and Regulation becomes effective when it is approved as set forth above in this Section 1.38 and posted on the Association’s website, or such later date set forth in the Rule and Regulation. Rules and Regulations are not required to be filed in the Public Record.

Trails: means those trails within the Property as established by the Declarant and thereafter the Board, for use by Owners and members of the general public. Rules and Regulations regarding the use of Trails may be established pursuant to Section 1.38.

Transfer Date: means the date the Declarant turns the Association over to the Members and shall be the earlier of: (i) December 31, 2052; (ii) when the Declarant determines, in an instrument recorded in the Public Record, that one hundred percent (100%) of the real property that may be annexed into the Property has been annexed and all Lots to be included in the Property and any Annexable Area have been sold to a Person other than Declarant; or (iii) when the Declarant elects, in an instrument recorded in the Public Record, to turn the Association over to the Members.

Zoning Regulations: means the Kalispell Zoning Ordinance, Ordinance No. 1677, and any amendments thereto.

Other definitions may be found throughout this Declaration, the Bylaws, or the Design Manual and those definitions are binding upon all Owners. Any term not specifically defined shall be deemed to have its common and ordinary meaning.