Frequently asked questions

The Board of Directors runs the Starling Community Association, Inc., a Montana nonprofit corporation (§1.10, §1.12). Every Lot Owner is automatically a Member for as long as they own the Lot (§2.2). Unless a power is specifically reserved to the Members, the Board can use the Association's powers without a vote of the Members (§2.9). Until the Transfer Date, the Declarant has the right to appoint the Board (§7.3(b)); how directors are appointed or elected, and how meetings and quorum work, are covered in the Bylaws, which are a separate document (§1.13, §2.7, §2.8).

New Owners must give the Secretary a written notice that they have acquired the Lot, naming the person authorized to receive notices and vote for the Lot, with that person's mailing address, telephone number, and email address (§2.3).

Until the Transfer Date, the Declarant has the right to appoint the Board of Directors (§7.3(b)). Otherwise, how directors are appointed or elected is covered in the Bylaws, which are not part of this text (§2.8). The Declarant is Starling Development, LLC, or an assignee designated as the Declarant (§1.17). The Declarant's First Amendment, dated October 25, 2023, recites that "the Transfer Date has still not occurred" (Amendment recitals, Amendment signature page). The CC&Rs themselves don't show whether it has happened since.

Until the Transfer Date the Declarant also:

• may amend any provision of the Declaration without Owner approval (§11.2(a));
• adopts Rules and Regulations itself, or the Board adopts them with the Declarant's written consent (§1.38);
• may amend the Design Manual on its own (§2.9(h));
• has the exclusive right to interpret the Declaration, and unless a court decides otherwise its interpretation is "final, conclusive, and binding" (§12.2);
• must vote in favor for any "Affirmative Vote of a Majority" to be achieved (§1.4).

On the Transfer Date, which is the earliest of three events (§1.40):

1. December 31, 2052.
2. The Declarant determines, in an instrument recorded in the Public Record, that 100% of the real property that may be annexed has been annexed and that all Lots to be included in the Property and any Annexable Area (land outside the Property that may be annexed into it, §1.6) have been sold to someone other than the Declarant.
3. The Declarant elects, in a recorded instrument, to turn the Association over to the Members.

Until then the Declarant has the right to appoint the Board (§7.3(b)). The "Public Record" is the Flathead County Clerk and Recorder's land records (§1.35), so an early turnover under (2) or (3) would be recorded there. After the Transfer Date, the Declarant keeps the rights and duties of an Owner if it still owns a Lot, plus any Declarant right or duty not expressly limited to the period before the Transfer Date (§7.5). The First Amendment, dated October 25, 2023, says the Transfer Date had not occurred as of that date (Amendment recitals, Amendment signature page).

Each Lot gets one vote, as long as its Owner is in Good Standing when the vote is taken; the Owner of a residential apartment building or commercial suite building gets one vote per apartment or suite (§2.6). Good Standing means the Owner is current on Assessments and any Notice of Violation has been cured to the Board's satisfaction (§1.22). Co-owners of one Lot share a single vote: if more than one seeks to vote, the Association counts only the vote of the person named in the written notice to the Secretary, and if no notice was provided the voting privilege is suspended until one is (§2.3, §2.4).

Unless the Declaration, the Bylaws, or Montana law require otherwise, matters pass by an "Affirmative Vote of a Majority": at least a majority of votes cast at a meeting or by written ballot and, before the Transfer Date, the Declarant voting in favor (§1.4, §2.6). Some matters, such as an amendment of the CC&Rs by the Members, need an "Affirmative Vote of a SuperMajority": at least 75% of votes cast, again with the Declarant in favor before the Transfer Date (§1.5, §11.2(b), §11.2(c)). Meetings, notice, quorum, and written ballots are covered in the Bylaws (§1.36, §2.7).

It depends on who is amending and whether the Transfer Date has passed (§11.2(a), §11.2(b), §11.2(c)):

• The Declarant, before the Transfer Date: may amend any provision "in its sole and absolute discretion," without Owner consent or approval (§11.2(a)). The First Amendment was made this way (Amendment recitals).
• The Members, before the Transfer Date: unless the Declaration says otherwise, an Affirmative Vote of a SuperMajority (at least 75% of votes cast, with the Declarant voting in favor, §1.5) plus the Declarant's written consent (§11.2(b)).
• The Members, after the Transfer Date: unless the Declaration says otherwise, an Affirmative Vote of a SuperMajority, plus the Declarant's written consent only if the amendment changes a provision that expressly requires it (§11.2(c)).

In every case, a covenant the City of Kalispell required as a condition of approval can't be changed without the agreement or consent of the City's governing body (§11.2(a), §11.2(b), §11.2(c)). An amendment isn't effective until it is recorded in the Public Record (§11.2(d)). Article 7, the Declarant's rights, can't be amended without the Declarant's written consent (§7.6).

Any Construction Activity on the outside of a Lot, including the exterior of any structure, needs the prior written approval of the Design Review Panel (DRP) before it starts or is maintained (§8.1, §1.21). "Construction Activity" means site preparation for initial construction and the construction, reconstruction, repair, or replacement of any Improvement on a Lot, but not work on the interior of an Improvement (§1.15). "Improvement" covers dwellings, ADUs, Accessory Structures, decks, patios, driveways, sidewalks, fences, retaining walls, exterior lighting, solar panels, satellite dishes, and landscaping required by the Design Manual, among other exterior items (§1.24).

The DRP can accept, condition, modify, or deny plans (§8.1). The Board or DRP can revoke or suspend an approval, or order work stopped, for violations of the Governing Documents or for not building to the approved plans (§8.5). The CC&Rs leave the detailed standards to the Design Manual (§8.1, §8.2).

The Design Manual is the Starling Community Design Manual, created to govern and regulate all Construction Activity and Improvements (§1.20). It is a Governing Document separate from the CC&Rs, and Owners must comply with it (§1.23, §9.1). Before performing any Construction Activity, Owners are responsible for getting the most current version from the Association (§1.20).

Before the Transfer Date, the Declarant may adopt, amend, add to, or delete any provision, including application procedures, fees, deposits, and design guidelines (§8.7, §2.9(h)). It also has the exclusive right to interpret the Manual, and unless a court decides otherwise its interpretation is "final, conclusive, and binding" (§8.7). After the Transfer Date, changes require an Affirmative Vote of a Majority (§8.7, §2.9(h)).

They can be. The Board, or the DRP with Board approval, may require reasonable fees with applications to offset expenses, and reasonable deposits before Construction Activity begins to assure it is completed on time and in line with the approved plans (§8.4). The CC&Rs state no amounts; application procedures, fees, and deposits may be set in the Design Manual or related Rules and Regulations (§8.2, §8.7). Approval can also come with time limits for finishing the work and with conditions the DRP considers appropriate, including fines for failing to comply (§8.2).

If the Board or DRP asks, an Owner must request a certificate of substantial completion in writing when the work is done, and the Board or DRP need not release deposits until one is issued (§8.6). If the DRP denies the certificate, it must state its reasons in writing and give a reasonable time to fix the problems and reapply (§8.6).

You can apply, but no one is entitled to one. Until the Transfer Date the Declarant, and afterward the Board, may approve, conditionally approve, or deny a variance in its "sole and absolute discretion," and neither is obligated to approve one (§8.8). The text lists four conditions: a valid justification, no negative impact on the Lots or the Property as a whole, reasonableness in relation to the overall character and nature of the area, and design merit (§8.8).

Apply in writing, addressing those conditions and the precise variance requested; the decision will be stated in writing (§8.8). A variance isn't a waiver of any provision of the Declaration, and the Declarant or Board isn't required to grant a similar variance in similar circumstances (§8.8). No variance may be granted in violation of local land use regulations unless the appropriate review agency explicitly authorizes it (§8.8).

Appeal in writing to the Board within 10 business days after notice of the DRP's decision (§8.10). Deliver the appeal to the Board by personal delivery, mail, or email (§8.10). The Board will consider it at its next regularly scheduled meeting and will affirm or modify the DRP's decision in writing; the Board's decision is final (§8.10). If no appeal is made, the DRP's decision is final, and every DRP approval or denial must be in writing, with reasons stated for a denial (§8.10). If a director submits a project to the DRP, that director must recuse from voting on it as a Board member and stay out of the review and discussion if it comes before the Board (§8.9).

The CC&Rs exempt the Declarant and its Affiliates from several requirements:

• Design review. Construction Activity by the Declarant or its Affiliates is not subject to the Design Manual or DRP review (§1.20). Section 4.29 describes the exemption from Board and DRP review as applying "before the Transfer Date," and §7.3(h) reserves the right not to be subjected to the Design Manual "until the Transfer Date"; §1.20 states no end date.
• Article 4 use restrictions. Nothing in Article 4 applies to the activities of the Declarant or its Affiliates, unless the principal building on that Lot is substantially completed and being occupied for its intended purpose (§4.29).
• Assessments. Neither the Declarant nor an Affiliate must pay Assessments on a Lot it owns until the principal building is substantially completed and being occupied for its intended purpose (§3.1(c), §7.3(a)).
• The nuisance rule. "Noxious or offensive activity" does not include the Declarant's or its contractors' activities that are reasonably necessary to develop and build on the Property, so long as they don't violate the Governing Documents or governmental laws or ordinances (§4.19).

An "Affiliate" is a member of the Declarant, or an entity in which a member of the Declarant has an interest (§3.1(c)).

Yes, a home occupation or home office is allowed on a residential Lot if it meets four conditions (§4.3):

1. it is incidental to the primary use as a residence;
2. it is entirely inside the dwelling, including any storage of materials;
3. there are no non-resident employees or excessive traffic or noise; and
4. it complies with the Zoning Regulations, meaning the Kalispell Zoning Ordinance and its amendments (§4.3, §1.41).

Rules and Regulations can regulate home occupations and home offices further (§4.3).

A lease of 30 days or more is a "Long-Term Lease," and an Owner may use one for the principal residential building/structure, an ADU, a residential apartment, a commercial building/structure, or a commercial suite (§4.4(a)). The Owner must:

• comply with City of Kalispell zoning regulations, ordinances, and codes on leasing, and with the Design Manual and the Rules and Regulations on leasing (§4.4(a));
• have a written lease that complies with Montana law and local ordinances (§4.4(a));
• give the tenants a copy of the Governing Documents before the lease term begins (§4.4(a));
• give the Association each tenant's name, telephone number, and email address (§4.4(a)).

The Owner is responsible to the Association for the actions or omissions of tenants and their invitees, including damage and violations of the Governing Documents (§4.4(a)). A tenant is not an Owner (§1.30).

Only with prior approval, and a "Short-Term Lease" is a lease of less than 30 days (Amendment §4.4(b)). An Owner may lease a principal residential building/structure, residential apartment, commercial building/structure, or commercial suite (or any portion of one) that way only if the Declarant (before the Transfer Date) or the Board (after it) has approved that use, and an ADU can't be leased short-term at all (Amendment §4.4(b)(2), Amendment §4.4(b)(1)).

Owners apply on a form the Declarant or Board approves (Amendment §4.4(b)(i)), and approval is case by case and first come, first served, on conditions the Declarant or Board sets (Amendment §4.4(b)(ii)). It may be denied in order to limit the number of Short-Term Leases, and "no Owner has the right to have the Owner's application approved" (Amendment §4.4(b)(ii)). With an approved rental, the Owner must still follow zoning, the Design Manual, and the Rules on leasing, have a written lease, give tenants the Governing Documents, and stay responsible for the tenants' actions (Amendment §4.4(b)(iii)–(viii)). These rules come from the First Amendment, which replaced the original short-term leasing section in its entirety (Amendment §4.4(b)).

No, it doesn't transfer, and yes, it can be revoked. Under the First Amendment, approval of a Short-Term Lease "does not run with the land, is non-transferable and non-assignable," and can't be assigned, transferred, sold, or conveyed to a successive owner (Amendment §4.4(b)(ix)). The one exception is for an Owner who Transfers a Lot to an entity or trust: the approval may pass to it if the Owner holds more than a 50% interest in the entity or is a trustee of the trust, "or vice-versa," which the text doesn't explain (Amendment §4.4(b)(ix)).

The Declarant (before the Transfer Date) or the Board (after it) 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 (Amendment §4.4(b)(x)). Owners are responsible to the Association for violations by their tenants and invitees (Amendment §4.4(b)(viii)), and the amendment doesn't say how violations are counted. The original §4.4(b)(ix) let approval transfer with the Lot (§4.4(b)(ix)); the amendment doesn't say how it treats approvals granted before it was recorded.

An ADU can be leased for 30 days or more under the Long-Term Lease rules (§4.4(a)), but not for fewer than 30 days (Amendment §4.4(b)(1)). An ADU is a dwelling unit subordinate to the principal dwelling (§1.2). The First Amendment bars short-term leasing of an ADU or any portion of one, and also points to Kalispell City Code 27.20.082(2)(C) as not permitting rental periods under 30 days in ADUs (Amendment §4.4(b)(1)); Exhibit D says the same (Exhibit D ¶E).

An Accessory Structure, meaning a detached subordinate building on the same Lot used in a way that is incidental and customary to the principal building (§1.3), can't be leased "for any period of time" (§4.4(c)).

ADUs are allowed only on certain Lots: Lots 14, 20, 21, 27, 28, and 34 in Phase 2, with Exhibit C also mentioning future phases, subject to review (Exhibit C ¶A.1, Exhibit D ¶E, Exhibit D table).

The limit is two (2) "Permitted Pets": domestic dogs, cats, or small in-house pets and birds (§4.5). Livestock, poultry, and other animals are not allowed on any Lot, and pets may not be kept, raised, or bred for commercial purposes (§4.5). Pets must be confined to their Owner's Lot, may not roam free in the Starling PUD, and must be restrained or leashed at all times (§4.5). They may not become a nuisance or annoyance to neighbors or be allowed to bark continuously or uncontrolled at any time, and Owners must keep them from interfering with or harassing birds or wildlife (§4.5). Owners must immediately clean up after their pets on any part of the Starling PUD and are responsible for damage a pet causes (§4.5). The CC&Rs don't define "small in-house pets."

No. Feeding or domesticating any birds or wildlife is not permitted, and "No salt licks, bird feeders, or other foods" may be placed on any Lot or in the Area of Common Responsibility (§4.20(b)). Items such as bird feed, horse feed, grains, garbage, and dog food must be stored inside a structure on a Lot (§4.20(b)). The text lists no exceptions. Owners and their Invitees should also avoid areas where birds or wildlife concentrate, and loud, offensive, or other behavior that harasses or frightens birds or wildlife is strictly prohibited (§4.20(c)).

Generally no. Hunting, capturing, trapping, or killing birds or wildlife within the Property is prohibited (§4.20(a)). The exception is that skunks, gophers, and rodents may be trapped by the Board or Manager or their designee, and poison may not be used (§4.20(a)). The CC&Rs don't say how an Owner asks the Board or Manager to arrange trapping. Separately, an animal caught chasing or harassing birds, wildlife, or people can be impounded (§4.5).

Not on or along Roads, except in areas specifically designated for parking (§4.6). "Roads" means the interior streets, alleys, and woonerfs within the Property, and does not include a driveway providing access to an Owner's Lot (§1.37). The rule covers "Automobiles": two-, three-, or four-door passenger vehicles, SUVs, and pick-up trucks (with or without a canopy cover or topper), mopeds, and motorcycles, primarily used for transporting a small number of people over public highways (§4.6). The CC&Rs don't say which areas are designated for parking, and parking is further subject to Rules and Regulations (§4.6).

No. An Owner may not park, store, or maintain a Recreational Vehicle on the exterior portions of a Lot (including driveways) or elsewhere on the Property (§4.7). "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 (§4.7). The CC&Rs don't define "commercial type trucks," and they don't expressly address storage inside a closed garage (§4.7). The only stated allowance is brief parking for loading and unloading (§4.7).

Up to four (4) hours within a forty-eight (48) hour period, as an incident to loading and unloading (§4.7). That short temporary parking "shall not be deemed a violation" (§4.7). The CC&Rs don't say how the 48-hour period is counted. Parking beyond that is covered by the general ban on Recreational Vehicles, and the Board may remove the vehicle without notice at the owner's expense (§4.7).

Yes. If an Automobile is parked on or along a Road in violation of §4.6, or a Recreational Vehicle is parked, stored, or maintained in violation of §4.7, the Board has the right to remove it, or have it removed, without notice and at the vehicle owner's expense (§4.6, §4.7). The Association and the Board are not liable for damage to the vehicle caused by the removal (§4.6, §4.7). The 10-day written notice that §9.4 requires before a fine, action, or suspension lists removal of Automobiles and Recreational Vehicles among its exceptions (§9.4).

Owners must keep their Lot, developed or undeveloped, in a neat, orderly, and safe fashion, including during construction, occupancy, or remodeling (§4.12). Garbage, trash, debris, and waste must be removed from the Lot in a timely manner and disposed of properly (§4.12). Structures on the Lot (buildings, residences, garages, driveways, sidewalks, fences, walls, and so on) must also be kept neat, orderly, and safe, including repainting, re-staining, re-siding, reroofing, and other upkeep (§4.13). Owners must maintain any landscaping required under the Design Manual and promptly replace any that is damaged, destroyed, or died (§4.13). No unsightliness is permitted on the exterior of a Lot, and no unsightly equipment, objects, or conditions may be kept there (§4.22).

Each Owner must control noxious weeds on their own Lot, and the Association controls them in the Areas of Common Responsibility (§4.25). If an Owner doesn't, the Association may, after 24 hours' written notice by mail, email, or personal delivery, have the weeds controlled and assess the Owner for all costs as a Default Assessment (§4.25). A Default Assessment is payable as the Board sets, but no sooner than 30 days after notice (§3.3(c)).

Garbage, trash, junk, rubbish, parts, lumber, metals, debris, non-working or immobile vehicles, and other waste must be regularly removed from the exterior of a Lot and not allowed to accumulate or become airborne (§4.11(a)). Waste stored outside must be in a City-approved container, and except on garbage pick-up day the containers must be kept in the garage or another enclosure directly adjacent to a structure or fence (§4.11(c)). The City of Kalispell's garbage and trash requirements must also be observed (§4.11(b)). No incinerator or other device for burning garbage may be installed or used, and there may be no dumping on other areas of the Starling Community (§4.11(d), §4.11(e)). If an Owner violates the section, the Association may, after 24 hours' written notice by mail, email, or personal delivery, have the garbage controlled or collected and removed and assess the Owner for all related costs as a Default Assessment (§4.11(f)).

The Association removes snow from the alleys, woonerfs, and public sidewalks located in Common Areas, Parks, and Open Spaces (§4.23). Under the same section, public sidewalks within a Lot's boundaries and private sidewalks leading up to a structure on a Lot are the Owner's responsibility; however, the Board may have the Association remove snow from all public sidewalks within Lot boundaries and charge the expense as an Association Expense (§4.23). The Board may also have the Association remove snow from any other part of the Common Areas, Parks, Open Spaces, or Trails (§4.23). Owners are responsible for installing, repairing, and replacing the public sidewalks within their Lot's boundaries, as set out in more detail in the Design Manual (§4.24).

No. "No fencing shall be permitted along or adjacent to Stillwater Road" (§4.26). The CC&Rs don't say how far from the road "adjacent" extends. Fences elsewhere are Improvements (§1.24), and building an Improvement is Construction Activity (§1.15), so building one on the exterior of a Lot needs the DRP's prior written approval (§8.1), and Owners must keep fences on their Lot in neat, orderly, and safe condition (§4.13).

No. Clothes, towels, bedding, and similar items may not be hung outside (§4.22(b)). The recorded text reads "shall not hung outside," which appears to be missing the word "be." More broadly, no unsightliness is permitted on the exterior of a Lot (§4.22), and §4.8 bars placing items outside a dwelling except as listed there (§4.8). The CC&Rs don't mention clotheslines or drying racks by name.

The CC&Rs give no flag exception. Section 4.8 says Owners may not place, hang, or display anything on the windows or "outside of a dwelling," and names flags, air conditioning units, and awnings as examples, unless one of the listed exceptions applies (§4.8). The listed exceptions are one satellite dish per Lot; "for sale," "open house," "for rent," and "garage sale" signs; political signs; signs on commercial Lots; and a neighborhood identification sign at the entrance(s) (§4.8). The Rules and Regulations and the Design Manual, which are not part of this text, may add requirements, and this FAQ doesn't address law outside the CC&Rs. The Board has the right to immediately remove any item that violates the Declaration or the Rules and Regulations (§4.8).

The CC&Rs allow these (§4.8):

• For sale, open house, for rent, and garage sale signs: industry standard size, used to temporarily list a Lot for sale, open house, or rent. They must be promptly removed when the Lot is sold or leased or the garage sale is completed (§4.8(b)).
• Political signs: allowed, subject to Rules and Regulations on their size and the time period they are permitted (§4.8(c)). The CC&Rs themselves set no size or time limit.
• Commercial Lot signs: Owners of commercial Lots may install signs that comply with Kalispell zoning regulations or other City ordinances (§4.8(d)).
• A neighborhood identification sign at the entrance(s) (§4.8(e)).

No other kind of sign is listed, apart from the Declarant's "for sale" signs while Lots are being sold (§4.8(b)). The Board may immediately remove any item that violates the Declaration or Rules and Regulations (§4.8), and §9.4 lists removal of signs among its exceptions to the 10-day notice rule (§9.4).

Yes, one satellite dish per Lot may be installed on the exterior of a structure (§4.8(a)). Dishes are subject to Rules and Regulations on size and location, and condominium or townhome associations may enact more stringent location restrictions (§4.8(a)). Satellite dishes are listed in the definition of "Improvement" (§1.24), and exterior Construction Activity needs the DRP's prior written approval (§8.1). The CC&Rs don't say whether installing a dish requires a design review application, so check the Design Manual and the Rules.

Noise that carries beyond a Lot boundary at a level that disturbs another Owner is a violation of the Declaration (§4.15). Each Owner is responsible for the peace and calm of the neighborhood, and for the conduct of themselves and their guests, invitees, licensees, and lessees on the Owner's Lot and anywhere in the Starling Community, whether or not the Owner is present at the time (§4.15). Sound systems, indoor and outdoor, must be used in a way that minimizes sound, noise, and "base reverberation" to other Owners and the neighborhood (§4.15). The CC&Rs set no decibel limit or quiet hours. Rules and Regulations may be adopted to prevent disorder and disturbances of the peace (§1.38).

No. Fireworks of any kind may not be discharged anywhere within the Property or on any Lot, and the text lists no exceptions (§4.16). Owners and their Invitees, which include family members, guests, and tenants, must strictly comply with the Governing Documents (§9.1, §1.25).

No "noxious or offensive activity or odors" may take place on any Lot or in the Areas of Common Responsibility, and nothing may be done there that "may, or may become, an annoyance to the neighborhood" (§4.19). The CC&Rs don't define "noxious or offensive" beyond excluding the Declarant's and its contractors' activities that are reasonably necessary to develop and build on the Property, as long as they don't violate the Governing Documents or governmental laws or ordinances (§4.19). Lots and Areas of Common Responsibility also can't be used for any purpose that interferes with other Owners' peaceful possession and proper use of theirs (§4.17), and no waste is permitted on the Areas of Common Responsibility (§4.18). Pets that become a nuisance or annoyance to neighbors are addressed in §4.5.

All exterior lighting is subject to DRP approval, to make sure it complies with the Design Manual (§4.21). Exterior lighting is also listed as an "Improvement" (§1.24), and the Governing Documents may regulate lighting and glare as part of design review (§8.2). The CC&Rs themselves give no standards for fixtures, brightness, or hours.

Before a fine, action, or suspension of Membership rights, the Board must give you at least 10 days' written notice of the alleged violation (§9.4). It can be given by personal delivery, U.S. Mail, or email to the address or email address on record with the Association, and it counts as given on the date delivered (personal delivery), three (3) days after mailing (mail), or 24 hours after sending (email) (§9.4). You may respond in writing within 10 days after notice is given, explaining why a violation has not occurred; if you don't respond in time, a violation will be deemed to have occurred (§9.4). If you do respond in time, the Board will consider your response as promptly as possible and notify you of its decision in writing (§9.4). The exceptions are non-payment of Assessments, removal of signs, and removal of Automobiles or Recreational Vehicles (§9.4).

The CC&Rs don't list fine amounts for violations. Fines and penalties for violating the Governing Documents are Default Assessments (§3.3(c)), and Rules and Regulations may establish fines and other remedies (§1.38). Before the Transfer Date, Rules are adopted by the Declarant, or by the Board with the Declarant's written consent; after it, by an Affirmative Vote of a Majority (§1.38). A Rule takes effect once it is approved and posted on the Association's website, or on a later date the Rule sets (§1.38). A Default Assessment is payable as the Board sets, but no sooner than 30 days after notice (§3.3(c)). The only fine amount stated in the CC&Rs is the 10% late fine on unpaid Assessments (§3.5(a)), and the DRP may condition an approval on fines for failing to comply (§8.2).

No. The Association, through the Board, has "the right but not the obligation" to enforce the Governing Documents, and whether to pursue enforcement in a particular case is left to the Board's "sole and absolute discretion," except that the Board "shall not be arbitrary or capricious in taking enforcement action" (§9.5). Choosing not to enforce is not a waiver of the right to enforce later or in other circumstances, and it doesn't stop any Owner from taking action at law or in equity to enforce the Governing Documents (§9.5, §13.6). The Board can delegate enforcement tasks to the Manager or another agent, but the decision to pursue or not pursue a legal proceeding must be the Board's own (§9.7).

In a lawsuit or proceeding taken by or against the Association to enforce the Governing Documents against an Owner, the "substantially prevailing party" is entitled to reimbursement of all costs, including reasonable attorneys' fees, court costs, fees to determine the amount of fees, fees on appeal, and other expenses (§9.6). That applies whether the winner is the Association or the Owner (§9.6). The CC&Rs don't say how "substantially prevailing" is decided. After the Transfer Date, the Board needs an Affirmative Vote of a Majority to start a lawsuit, except one to enforce General, Special, or Community Transfer Assessments and related Default Assessments (§2.9(t)).

Yes, in several situations. For garbage, alley/woonerf upkeep, and noxious weeds, the Association may charge the Owner all costs as a Default Assessment (§4.11(f), §4.14, §4.25):

• Garbage: after 24 hours' written notice by mail, email, or personal delivery, the Association may have it controlled or collected and removed (§4.11(f)).
• Alley or woonerf right-of-way: the same 24-hour notice and cost assessment apply if an Owner doesn't maintain it (§4.14). See also the alley question under Known gaps.
• Noxious weeds: the same (§4.25).
• Vehicles: the Board may remove an Automobile or Recreational Vehicle in violation, without notice and at the vehicle owner's expense (§4.6, §4.7).
• Items displayed in violation: the Board may immediately remove any item that violates the Declaration or Rules and Regulations (§4.8).

Section 9.4 lists removal of signs, Automobiles, and Recreational Vehicles among its exceptions to the 10-day notice rule but doesn't mention the 24-hour-notice sections, and the CC&Rs don't say how the two fit together (§9.4). The Association may also enter the exterior of a Lot to inspect and maintain it, during reasonable hours and after notice except in an emergency (§2.9(l)).

The CC&Rs allow it. They say any action against an offending Owner "may be maintained by the Association (through the Board) or by an aggrieved Owner" (§9.2). If the Board decides not to enforce a provision, that doesn't stop any Owner from taking action at law or in equity to enforce the Governing Documents (§9.5). Of the remedies §9.2 lists, the one framed as an action is a suit for damages, an injunction, or both (§9.2). The others, such as fines, a lien for amounts owed to the Association, and suspension of voting rights, are imposed by the Association through the Board (§9.2, §3.3, §9.4). The CC&Rs don't define "aggrieved Owner" or say what steps, such as notifying the Board first, must come before an Owner acts.

Yes. If an animal is caught or identified chasing or otherwise harassing birds, wildlife, or people, or has become a nuisance or annoyance to neighboring Owners, the Association or any Owner has the authority to have it impounded "in accordance with the City of Kalispell animal control regulations" (§4.5). The CC&Rs don't describe the steps, and the City's regulations are not part of this text.

It depends on the decision:

• A Design Review Panel decision: appeal in writing to the Board within 10 business days after notice of the decision (§8.10).
• A Design Manual requirement you want an exception to: apply in writing for a variance, though the Declarant or Board is not obligated to approve one (§8.8).
• A notice of violation: respond in writing within 10 days after notice is given, explaining why a violation has not occurred; if you respond in time, the Board will consider the response and notify you of its decision in writing (§9.4).
• A decision to enforce against you: the Board "shall not be arbitrary or capricious in taking enforcement action" (§9.5).
• An Assessment balance: ask the Association in writing for verification of the amount owing and whether it has been paid (§3.8).

The CC&Rs spell out these ways to get information:

• Written verification of Assessments. On written request, the Association must give an Owner, or the Owner's title or mortgage company, written verification of the amount of Assessments owing and whether they have been paid (§3.8).
• The current Design Manual. Before any Construction Activity, Owners are responsible for obtaining the most current Design Manual from the Association (§1.20).
• Rules and Regulations and the budget. All Rules and Regulations must be posted on the Association's website (§1.38), and the Board presents a proposed budget with the notice of the annual meeting (§3.4).

The Association keeps its records "in accordance with applicable Montana law and the Bylaws," but the CC&Rs don't say what records an Owner may inspect (§2.9(i)).

Yes. An Owner leasing for 30 days or more must give the tenants a copy of the Governing Documents before the lease term begins (§4.4(a)), and so must an Owner with an approved short-term lease (Amendment §4.4(b)(vii)). The Governing Documents are the Declaration, Bylaws, Articles, Rules and Regulations, Design Manual, and Board resolutions, as amended (§1.23). For a lease of 30 days or more, the Owner must also give the Association each tenant's name, telephone number, and email address, and remains responsible to the Association for the tenants' and their invitees' actions and violations (§4.4(a)).

Section 12.3 sets this order, from first to last: mandatory provisions of Montana law, the Declaration, the Articles, the Bylaws, the Design Manual, the Rules and Regulations, and non-mandatory provisions of Montana law (§12.3). If a Governing Document conflicts with a later amendment to it, the most recent amendment controls (§12.3). Where the Governing Documents are more stringent or restrictive than land use regulations and State, County, and City laws and ordinances, the Governing Documents control (§4.27). In a conflict with a condominium or townhome declaration or bylaws, the Association's Governing Documents control (§4.28). Before the Transfer Date, the Declarant has the exclusive right to interpret the Declaration (§12.2).

Two sections address it, and the CC&Rs don't say how they fit together.

• Section 4.14 says each Owner "shall maintain the alley and/or woonerf right-of-way adjacent to the Owner's Lot," including picking up and disposing of garbage and debris and mowing and trimming. If an Owner doesn't, the Association may, after 24 hours' written notice, do it and assess the Owner as a Default Assessment (§4.14).
• Section 5.1 says the Areas of Common Responsibility are maintained by the Association "in perpetuity," and that maintenance of private alleys and woonerfs includes snow removal, landscaping, sidewalks, street repairs, overlays, and rebuilds (§5.1). Areas of Common Responsibility include Roads (the interior streets, alleys, and woonerfs) that the Association owns, is required to maintain, or is permitted to and does maintain (§1.7, §1.37). The exceptions in §5.1 and §5.2 name §4.23 and §4.24 and city streets, but not §4.14 (§5.1, §5.2).

On snow, §4.23 makes the Association responsible for removing it from "the alleys, woonerfs, and public sidewalks located in Common Areas, Parks, and Open Spaces" (§4.23). Until the Transfer Date, the Declarant has the exclusive right to interpret the Declaration, and unless a court decides otherwise its interpretation is final (§12.2).

The First Amendment's first recital says the Declarant is Starling Development, LLC "pursuant to the Declaration, Section 1.18" (Amendment recitals). In the Declaration, the Declarant is defined in §1.17, and §1.18 defines "Declarant's Special Rights" (§1.17, §1.18). The company named is the same one §1.17 names. The CC&Rs don't say whether the wrong section number has any effect, and this FAQ doesn't offer a view.

Section 1.34 says "Exhibit A-1 delineates Phases 1-3 within the Property" (§1.34). The copy this FAQ is based on has Exhibit A (the legal description) but no Exhibit A-1, so the text doesn't show how the phases are laid out. Exhibit A describes the whole tract as "Starling, Phases 1-3" and refers to the Plat (Exhibit A). The phases matter because Phase 1 and 2 uses are listed in Exhibit D and Phase 3 uses in Exhibit E (§4.2). The Plat is identified in §1.33, and this FAQ doesn't include it.

In the copy this FAQ is based on, the heading row of the Exhibit D table and of both Exhibit E tables is blacked out or unreadable. The lists of uses beneath them can be read. Exhibit D says its table lists the uses permitted in Phases 1 and 2 (Exhibit D ¶B), and Exhibit E says its tables list the uses permitted in Phase 3 (Exhibit E ¶B); §4.2 points to these exhibits for permitted uses (§4.2). The text doesn't show what separates Exhibit E's two tables, so this FAQ doesn't say. For anything that turns on those headings, check the original recorded document.

The CC&Rs rely on other Governing Documents that are not part of this text: the Bylaws, the Articles of Incorporation, the Rules and Regulations, the Design Manual, and resolutions of the Board, all as amended from time to time (§1.23). Many details are left to them. Meetings, notice, and quorum are in the Bylaws (§2.7). Design standards are in the Design Manual (§1.20). Rules and Regulations can set fines and other remedies (§1.38) and add to the parking rules (§4.6). The recorded Plat is also separate (§1.33).

No. This is an independent, neighbor-run site, not "the Association's website" referred to in §1.38. Under §1.38, a Rule or Regulation becomes effective when it is properly approved and posted on the Association's website, so nothing posted here can make a Rule effective. The CC&Rs don't give an address for the Association's website. Rules and Regulations are not required to be filed in the Public Record (§1.38).

No. A report made here is not the Board's written notice under §9.4 and does not start enforcement. Under §9.4, it is the Board that must give an Owner at least 10 days' written notice of an alleged violation, by personal delivery, U.S. Mail, or email to the address on record with the Association, before a fine, action, or suspension of Membership Rights (§9.4). The exceptions are non-payment of Assessments, removal of signs, and removal of Automobiles or Recreational Vehicles (§9.4). The CC&Rs don't say how to report a suspected violation to the Board.

No. Polls here are informal and are not Association votes. An official vote of the Members gives each Lot whose Owner is in Good Standing one vote, or one per apartment or suite in a residential apartment or commercial suite building (§2.6). A matter passes by an "Affirmative Vote of a Majority" only when the Association receives at least a majority of votes cast at a meeting or by written ballot and, before the Transfer Date, the Declarant votes in favor (§1.4).

Nothing in the CC&Rs gives neighbors that right. The right to enter the exterior of a Lot, for emergency and safety reasons, for maintenance and repairs, and to inspect for compliance with the Governing Documents, belongs to the Association (§2.9(l)). It may be exercised by two or more members of the Board, the Board's managers or contractors, and emergency personnel in the performance of their duties (§2.9(l)). Except in an emergency, entry may only be during reasonable hours and after notice to the Owner (§2.9(l)).

It is current only through the First Amendment, recorded November 14, 2023 (Amendment recording stamp). The text comes from an owner's copy of the Declaration, recorded December 8, 2022 and re-recorded February 16, 2023 to add the plat's date and file number (Recording stamp), plus that amendment. Amendments take effect only when recorded in the Public Record (§11.2(d)), which is the Flathead County Clerk and Recorder's office (§1.35). Check Flathead County records for any amendment recorded after November 14, 2023; none is reflected here.