Property Use and Restrictions

The covenants contained in Exhibit C are included as a condition of preliminary and/or final plat approval and are required by the City of Kalispell.

The uses permitted under this Declaration on each Lot in Phases 1 and 2 are set forth in Exhibit D; the uses permitted under this Declaration on each Lot in Phase 3 are set forth in Exhibit E. If additional property is annexed into the Property, additional exhibits will be added to the Declaration to provide for the uses permitted on each Lot within such annexed property.

Home occupations and home offices are allowed on Lots used for residential purposes so long as (i) the home occupation or home office is incidental to the primary use as a residence, (ii) the home occupation or home office is entirely inside the dwelling on the Lot, including any storage of materials; (iii) no non-resident employees or excessive traffic or noise are permitted; and (iv) the home occupation or home office is in compliance with the Zoning Regulations. Rules and Regulations regulating home occupations and home offices may be stablished pursuant to Section 1.38.

(a) Long-Term Leasing. “Long-Term Lease” means a lease for thirty (30) days or more. An Owner may lease the Owner’s principal residential building/structure, ADU, residential apartment, commercial building/structure, or commercial suite under a Long-Term Lease subject to the following:

(i) all Owners shall comply with City of Kalispell Zoning Regulations, ordinances, codes and/or regulations regarding leasing;

(ii) all Owners shall comply with the Design Manual regarding leasing;

(iii) all Owners shall comply with Rules and Regulations regarding leasing;

(iv) an Owner shall have a written lease with the Owner’s tenants that complies with Montana law and local ordinances;

(v) an Owner shall provide a copy of the Governing Documents to the tenant(s) prior to the beginning of the lease term;

(vi) an Owner shall provide the Association with each tenant’s name, telephone number, and email address; and

(vii) an Owner shall be responsible to the Association for the actions or omissions of their tenants and their invitees, including without limitation any damage caused by tenants and their invitees and any violation of the Governing Documents.

(c) Accessory Structures. No Owner may lease an Accessory Structure for any period of time.

No livestock, poultry, or other animals, except domestic dogs, cats, or small in-house pets and birds (collectively “Permitted Pets”) are permitted to be kept on any Lot. A maximum of two (2) Permitted Pets may be kept, provided they are confined to the Lot of their Owner. Permitted Pets may not be kept, raised, or bred for any commercial purposes. Permitted Pets shall not be allowed to roam free in the Starling PUD and shall be restrained or leashed at all times. Permitted Pets shall not be allowed to become a nuisance or annoyance to neighboring Owners, nor allowed to bark continuously or uncontrolled at any time. All Permitted Pets shall be strictly controlled by the Owners to prevent any interference or harassment of birds or wildlife. Owners are responsible for damage caused by any Permitted Pet, and Owners shall immediately clean up after their pets on any part of the Starling PUD.

If any animals are caught or identified chasing or otherwise harassing birds, wildlife, or people, or have become a nuisance or annoyance to neighboring Owners, the Association or any Owner shall have the authority to have such animals(s) impounded in accordance with the City of Kalispell animal control regulations.

Rules and Regulations regarding Permitted Pets may be established pursuant to Section 1.38.

Any Owner who causes any animal to be brought or kept in Starling Community shall defend, indemnify, and hold harmless the Association from any loss, damage, or liability that the Association may sustain as the result of the presence of such animal in the Starling Community.

“Automobile” means a two, three, or four door passenger vehicle, sports utility vehicle, or pick-up truck with or without a canopy cover or topper, or a moped or motorcycle, which is primarily used for transporting a small number of people over public highways. Except as otherwise provided in this Declaration, no Person shall park Automobiles on or along any Roads, except in areas specifically designated for parking. In addition to any other remedy available, the Board shall have the right to remove, or cause to be removed, any Automobile in violation of this Section, without notice and at the expense of the owner of the Automobile. The Association and the Board shall not be liable for any damages incurred by the Automobile because of the removal in compliance with this Section, or for any damage to the Automobile caused by the removal. Parking within the Starling PUD is further subject to the adoption of Rules and Regulations pursuant to Section 1.38.

“Recreational Vehicle” means snowmobiles, boats, trailers, all-terrain recreational vehicles, motor homes, mobile homes, campers, recreational vehicles, commercial type trucks, or other similar vehicles or equipment. No Owner shall park, store, or maintain any Recreational Vehicle in or on the exterior portions of a Lot (including driveways) or on the Property. The temporary parking of Recreational Vehicles for periods of short duration, but not exceed four (4) hours within a forty-eight (48) hour period, as an incident to loading and unloading thereof, shall not be deemed a violation of this Section. In addition to any other remedy available, the Board shall have the right to remove, or cause to be removed, any Recreational Vehicle in violation of this Section, without notice and at the expense of the owner of such Recreational Vehicle. The Association and the Board shall not be liable for any damages incurred by the Recreational Vehicle because of the removal in compliance with this Section, or for any damage to the Recreational Vehicle caused by the removal.

Except as otherwise provided in this Section, Owners shall not cause or permit anything to be placed, hung, or displayed on the windows or placed outside of a dwelling (such as flags, air conditioning units, awnings, etc.), except as follows:

(a) One satellite dish per Lot may be installed on the exterior of a structure; provided, however, satellite dishes are subject to Rules and Regulations adopted pursuant to Section 1.38 regarding the size and location of such satellite dishes, and condominium or townhome associations may enact more stringent restrictions regarding the location of such satellite dishes.

(b) Industry standard size “for sale,” “open house,” “for rent”, or “garage sale” signs are permitted on a lot for temporarily listing Lots for sale, for open house, or for rent. All such signs shall be promptly removed when the Lot is sold or leased or the garage sale completed. Notwithstanding anything stated in this Section to the contrary, during the time the Property is being developed and Lots are being sold, the Declarant may erect “for sale” signs.

(c) Political signs are permitted on a Lot; provided, however, political signs are subject to Rules and Regulations adopted pursuant to Section 1.38 regarding the size of political signs and the time period during which political signs are permitted.

(d) Owners of commercial Lots may install signs in compliance with the City of Kalispell Zoning Regulations or other City of Kalispell ordinances.

(e) A sign may be placed at the entrance(s) to the neighborhood to identify the neighborhood. If required by the City of Kalispell, any neighborhood and identification signs must obtain sign permit approval through the Kalispell Planning Department.

In addition to any other remedy available, the Board shall have the right to immediately remove any item that is in violation of the Declaration or Rules and Regulations.

City water and sewer lines, power, natural gas, cable television, Internet, and telephone primary service lines are provided to each Lot. However, each Owner of a Lot is responsible for the costs of connecting from the main utility lines to the Owner’s Improvements on the Owner’s Lot, including any additions to the main utility lines that may be required by location of the Improvements on the Lot. All utility lines shall be underground. Private utilities are the responsibility of the Owner.

Individual mailboxes and newspaper tubes are not allowed. Community mailboxes and newspaper deliver areas will be clustered at strategic locations approved by the Postmaster to simplify mail and newspaper delivery, and such boxes shall be maintained by the Association.

(a) All garbage, trash, junk, rubbish, parts, lumber, metals, debris, non-working or immobile vehicles, and other waste, shall be regularly removed from the exterior of a Lot and shall not be allowed to accumulate or to become airborne and carried off the Lot, including during any period of construction, occupancy, or remodeling.

(b) All garbage and trash requirements of the City of Kalispell shall be observed.

(c) All garbage, trash, or other debris and waste that is stored outside shall be kept in a City-approved container. Except on garbage pick-up day, garbage containers shall be kept in the garage or other enclosure directly adjacent to a structure or fence.

(d) No incinerator or other device for burning of garbage shall be installed or used.

(e) There shall be no dumping of any sort on other areas of the Starling Community.

(f) If an Owner violates this Section, the Association, after twenty-four (24) hours’ written notice by mail, email, or personal delivery, may cause the garbage to be controlled or collected and removed; and, in addition to any other remedy allowed in this Declaration or at law, may assess the Owner for all costs related thereto as a Default Assessment.

Each Owner is required to maintain the Owner’s Lot, whether developed or undeveloped, in a neat, orderly, and safe fashion, including during any construction, occupancy, or remodeling. All garbage, trash, debris, and waste shall be removed from the Lot in a timely manner and shall be disposed of properly. Rules and Regulations may be established regarding the removal of garbage, trash, debris, and waste as set forth in Section 1.38.

Each Owner is required to maintain any structure (buildings, residences, garages, driveways, sidewalks, fences, walls, etc.) on the Owner’s Lot in a neat, orderly, and safe fashion. This includes without limitation repainting, re-staining, re-siding, reroofing, and other maintenance and upkeep. Each Owner shall also maintain any landscaping required under the Design Manual and promptly replace any such landscaping that has been damaged, destroyed, or died.

Each Owner shall maintain the alley and/or woonerf right-of-way adjacent to the Owner’s Lot. Such maintenance shall include without limitation picking up and appropriately disposing of garbage and debris and mowing and trimming the alley and/or woonerf right-of-way. If an Owner fails to maintain their alley and/or woonerf right-of-way, the Association, after twenty-four (24) hours’ written notice by mail, email, or personal delivery, may cause the right-of-way to be maintained; and, in addition to any other remedy allowed in this Declaration or at law, may assess the Owner for all costs related thereto as a Default Assessment.

Each Owner is responsible for maintaining the peace and calm of the neighborhood. Each Owner, whether present at the time of a disturbance or not, is responsible for the conduct of themselves and their guests, invitees, licensees, and lessees, on an Owner’s Lot and anywhere within the Starling Community. It is a violation of the Declaration to allow noise to emit beyond a Lot boundary at a level that disturbs another Owner. Sound systems, both interior and exterior, shall be used in a manner that minimizes sound, noise, and base reverberation to another Owner and to the neighborhood.

No fireworks of any kind shall be discharged anywhere within the Property or on any Lot.

The Lots and Areas of Common Responsibility shall not be used for any purpose that interferes with the peaceful possession and proper use of other Lots and Areas of Common Responsibility by other Owners.

No waste is permitted on the Areas of Common Responsibility.

No noxious or offensive activity or odors shall take place on any Lot or within the Areas of Common Responsibility, nor shall anything be done thereon which may, or may become, an annoyance to the neighborhood. As used herein, the term “noxious or offensive activity” shall not include any activities of Declarant or its respective contractors or subcontractors which are reasonably necessary to the development of and construction on the Property so long as such activities do not violate the Governing Documents or the statutes or ordinances any governmental or quasi-governmental entity having jurisdiction with respect thereto.

It is recognized by Declarant, the Association, and the Owners that birds and wildlife live in or migrate through the Property during various times of the year. The following limitations on use and development are intended to protect, preserve and maintain the existing bird and wildlife habitat in the Property and to minimize the adverse effects of development on the bird and wildlife habitat:

(a) Hunting, capturing, trapping, or killing of birds or wildlife within the Property is prohibited. Skunks, gophers, and rodents may be trapped by the Board or Manager or their designee, but poison may not be used.

(b) No feeding or domestication of any birds or wildlife shall be permitted. No salt licks, bird feeders, or other foods shall be placed upon any Lot or in the Area of Common Responsibility. Items such as bird feed, horse feed, grains, garbage and dog food shall be stored inside a structure on a Lot.

(c) Owners and Owners’ Invitees should avoid areas of birds or wildlife concentration. Loud, offensive, or other behavior that harasses or frightens birds or wildlife is strictly prohibited.

All exterior lighting shall be subject to approval by the DRP to ensure that it is in compliance with the Design Manual.

No unsightliness shall be permitted on the exterior of a Lot. Without limiting the generality of the foregoing:

(a) No unsightly equipment, objects, or conditions shall be kept on the exterior of Lot.

(b) Clothes, towels, bedding, and other similar items shall not hung outside.

The Association shall be responsible for removing snow from the alleys, woonerfs, and public sidewalks located in Common Areas, Parks, and Open Spaces. The Board may cause the Association to remove snow from any other part or portion of the Common Areas, Parks, Open Spaces, or Trails. Public sidewalks located within the boundaries of a Lot and private sidewalks leading up to a structure on a Lot shall be the responsibility of the Owner; provided, however, the Board may cause the Association to remove snow from all public sidewalks located within the boundaries of the Lots and charge such expense as an Association Expense.

As set forth in more detail in the Design Manual, Lot Owners shall be responsible for installing, repairing, and replacing public sidewalks located within the boundaries of each Owner’s Lot.

Each Owner shall be responsible for controlling noxious weeds on an Owner’s Lot. The Association shall be responsible for controlling noxious weeds in the Areas of Common Responsibility. If an Owner violates this Section, the Association, after twenty-four (24) hours’ written notice by mail, email, or personal delivery, may cause the noxious weeds to be controlled; and, in addition to any other remedy allowed in this Declaration or at law, may assess the Owner for all costs related thereto as a Default Assessment.

No fencing shall be permitted along or adjacent to Stillwater Road.

All land use regulations and all other State of Montana, County of Flathead, and City of Kalispell laws, regulations, and ordinances are enforceable by the Board, and all Owners of said Lots shall be bound by such land use regulations and laws, regulations, and ordinances. To the extent that the Governing Documents are more stringent or restrictive than the land use regulations and laws, regulations, and ordinances, then the Governing Documents shall control.

Owners who own units in a condominium or townhome may be subject to a condominium or townhome declaration and/or bylaws. The additional covenants, conditions, restrictions, and requirements of any such condominium or townhome declaration does not, in any way, relieve the Owner from compliance with the Association’s Governing Documents. In the event of any conflict between the Association’s Governing Documents and the governing documents for such condominium or townhome, the Association’s Governing Documents shall control.

Notwithstanding any other provision of this Declaration, nothing contained in this Article 4 shall apply to the activities of Declarant or Declarant’s Affiliates, unless the principal building/structure on such Lot is substantially completed and is being occupied for its intended purpose. Further, Declarant and Declarant’s Affiliate’s Construction Activity and Improvements and Declarant’s exercise of any Declarant’s Special Rights are exempt from review by the Board and/or DRP before the Transfer Date.

///

///

///

///

///

///