Article 12
Interpretation
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 (3)
12.1 Effect of Provisions of Declaration
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Each provision of this Declaration, and any agreement, promise, covenant and undertaking to comply with each provision of this Declaration, and any necessary exception or reservation or grant of title, estate, right, or interest to effectuate all easements, grants, and conveyances herein and all other provisions of this Declaration shall be deemed incorporated into each deed or other instrument by which any right, title, or interest in any real property within the Property is granted, devised, or conveyed, whether or not set forth or referred to in such deed or other instrument.
12.2 Interpretation of the Declaration
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Before the Transfer Date the Declarant shall have the exclusive right to construe and interpret the provisions of this Declaration. In the absence of any adjudication to the contrary by a court of competent jurisdiction, the Declarant’s construction or interpretation of the provisions hereof shall be final, conclusive, and binding as to all Persons and property benefitted or bound by the Declaration and the provisions hereof.
12.3 Conflicts Hierarchy
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In the event that there is any conflict between any mandatory provision of Montana law, this Declaration, the Articles, the Bylaws, Design Manual, and the Rules and Regulations, the conflict shall be resolved in the following order: Montana law (mandatory provisions only), this Declaration, the Articles, the Bylaws, the Design Manual, and the Rules and Regulations, and Montana law (non-mandatory provisions). If a conflict exists between a Governing Document and any subsequent amendment of such Governing Document, the most recent amendment shall control.