Skip to content
Starling Neighbors

First Amendment

First Amendment to Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development

Scanned pages 43–47

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.

How this text was checkedDownload the scan (PDF, 2.8 MB)

Sections in this part (2)

After recording, please return to: Kilday & Stratton, Inc. 2880 Technology Blvd. West, Ste. 271 Bozeman, MT 59718

[stamp: 202300020183 / Page: 1 of 5 / Fees: $40.00 / Debbie Pierson, Flathead County MT by CL / 11/14/2023 8:51 AM]

[stamp (left margin, rotated, printed text): ★★ see attached ass'r #s tg]

Reference is made to that certain Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development ( “Declaration”), recorded December 8, 2022, as Document No. 202200030096, and re-recorded on February 16, 2023, as Document No. 202300002414, in the records of the Office of the Clerk and Recorder for Flathead County, Montana.

WHEREAS, pursuant to the Declaration, Section 1.18, the Declarant is Starling Development, LLC (“Declarant”);

WHEREAS, pursuant to the Declaration, Section 11.2(a), before the Transfer Date, the Declarant may amend any provision of the Declaration, in its sole and absolute discretion, so long as the provision is not required as a condition of approval by the City of Kalispell;

WHEREAS, the Transfer Date has still not occurred;

WHEREAS, the provision being amended, as set forth below, is not a provision that is required as a condition of approval by the City of Kalispell

NOW THEREFORE, pursuant to the Declarant’s right to amend the Declaration before the Transfer Date, the Declarant does hereby amend the Declaration by recording this First Amendment to Declaration of Protective Covenants, Conditions and Restriction for Starling Planned Unit Development (“First Amendment”), to wit:

///

///

///

Amendment

Scanned pages 44–46Link to this section (Amendment)

Section 4.4(b) of the Declaration shall be deleted in its entirety and replaced with the following Section 4.4(b):

Section 4.4(b) Short-Term Leasing. A “Short-Term Lease” means a lease for less than thirty (30) days.

(1) An Owner may not lease an ADU, or any portion therein, for a Short-Term Lease. Also, pursuant to Kalispell, Montana City Code 27.20.082(2)(C), rental periods of less than thirty (30) days are not permitted in ADUs.

(2) An Owner may only lease a principal residential building/structure, residential apartment, commercial building/structure, or commercial suite, or any portion therein, for a Short-Term Lease if approved for such use by the Declarant before the Transfer Date, and thereafter the Board. The Declarant or Board may approve a principal residential building/structure, residential apartment, commercial building/structure, or commercial suite, or any portion therein, for Short-Term Lease, subject to the following:

(i) An Owner desiring to obtain approval for a Short-Term Lease shall submit an application on a form approved by the Declarant or Board, as applicable, providing the information requested by the Declarant or Board.

(ii) Approval of a Short-Term Lease is on a case-by-case and first come first serve basis, and on conditions established by the Declarant or Board, as applicable. The Declarant or Board, as applicable, has discretion to grant or deny an application in order to limit the number of Short-Term Leases in the Starling Community and to preserve the intent that the Lots in Starling Community be predominantly Owner-occupied or occupied under a Long-Term Lease. This Declaration is not intended to give an Owner the right to use the Owner’s Lot, or any portion therein, for a Short-Term Lease unless and until a Short-Term Lease is approved, and no Owner has the right to have the Owner’s application approved.

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

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

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

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

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

(viii) 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.

(ix) Approval of a Short-Term Lease does not run with the land, is non-transferable and non-assignable, and cannot be assigned, transferred, sold, or conveyed by an Owner of a Lot to a successive owner; EXCEPT THAT an Owner who Transfers a Lot to an entity or trust may transfer or assign the approval to the entity or trust so long as the Owner holds more than a 50% interest in the entity or is a trustee of the trust, or vice-versa.

(x) The Declarant or Board, as applicable, may revoke the right to have a Short-Term Lease if there are three (3) or more violations of the Governing Documents in any twelve (12) month period.

Pursuant to the Declaration, Section 11.2(d), this First Amendment shall be effective on the date this First Amendment is recorded in the Office of the Clerk and Recorder for Flathead County, Montana.

All other matters set forth in the Declaration, not expressly amended or supplemented by this First Amendment, shall remain as originally stated in said Declaration.

IN WITNESS WHEREOF, the Declarant has caused this First Amendment to Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development to be made and executed according to the provisions of the Declaration of Protective Covenants, Conditions and Restrictions for Starling Planned Unit Development and the Declarant’s rights thereunder.

DATED the [handwritten: 25] day of [handwritten: October], 2023.

DECLARANT

STARLING DEVELOPMENT, LLC, a Montana limited liability company

By: [signature] Chad Pelley Its: Manager

STATE OF [handwritten: Iowa] ) :ss COUNTY OF [handwritten: Linn] )

This instrument was acknowledged before me on [handwritten: October 25 2023], by Chad Pelley, as Manager of Starling Development, LLC, a Montana limited liability company.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Notarial Seal the day and year first above written.

[signature] Notary Public

[stamp: notary seal — NOTARIAL SEAL, IOWA / Rhyse Pelley / Commission No. 837478 / My Commission Expires 02/16/2025]