Article 11
Term and Amendment
This is a typed copy of the recorded CC&Rs, checked page by page against the scan. Where the two differ, the recorded documents control. It includes the First Amendment, recorded November 14, 2023.
The developer’s records list later amendments, recorded in 2025 and 2026, that are not yet reflected here; this reader currently covers the Declaration through the First Amendment. We are checking those amendments against the county records before adding them. For anything recorded after November 14, 2023, see Flathead County records.
Sections in this part (2)
11.1 Termination of Declaration
Scanned page 31Link to this section (11.1 Termination of Declaration)
The Declaration, and any amendments or supplements thereto, shall be binding for a term of forty (40) years from the date it is recorded in the Public Record. After the initial forty (40) year period, the Declaration shall be automatically extended for successive periods of ten (10) years unless the Owners of ninety (90) percent of the Lots vote at a meeting or by written ballot to terminate the Declaration; provided, however, this Declaration may not be terminated without the consent of the governing body for the City of Kalispell, Montana.
11.2 Amendment
Scanned page 31Link to this section (11.2 Amendment)
Within the Declaration, Articles of Incorporation, or Bylaws, “amend” or “amended” or “amendment” broadly means the right to amend, supplement, restate, modify, change, add to, or delete provisions of the Declaration.
(a) By Declarant. In addition to the Declarant’s rights to amend or supplement the Declaration pursuant to other provisions of the Declaration, before the Transfer Date the Declarant, in its sole and absolute discretion, may amend any provision of the Declaration without the consent or approval of the Owners; provided, however, any covenant required as a condition of approval by the City of Kalispell shall not be altered or amended without the agreement of the governing body for the City of Kalispell, Montana.
(b) By Members Before the Transfer Date. Except as otherwise stated in the Declaration, before the Transfer Date the Members may amend the Declaration by: (i) obtaining an Affirmative Vote of a SuperMajority; (ii) obtaining the written consent of the Declarant; and (iii) obtaining the consent of the governing body for the City of Kalispell, Montana if the amendment amends any covenant required as a condition of approval by the City of Kalispell.
(c) By Members After the Transfer Date. Except as otherwise stated in the Declaration, after the Transfer Date the Members may amend the Declaration by: (i) obtaining an Affirmative Vote of a SuperMajority; (ii) obtaining the written consent of the Declarant if the amendment amends any provision expressly requiring the consent of the Declarant; and (iii) obtaining the consent of the governing body for the City of Kalispell, Montana if the amendment amends any covenant required as a condition of approval by the City of Kalispell.
(d) Recording of Amendment. Any amendment adopted pursuant to this Article is not effective until it is recorded in the Public Record.