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Permaculture HOA

 
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Governing PDF attached.

I had already been working on a document for a Permaculture HOA in MO before Paul's podcast on the subject. Here's my first draft. If you submit PR's i'll take them into consideration as I have a community trying to implement this.

This one is slightly different from my other recent post on this forum about a community.

Here's where i'm working on it if you want to contribute:  https://github.com/kbzg4/liberton/blob/kurt/permacultureHOA.md

Sorry the markdown doesn't look great on this site.

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* 1. [Definitions](#Definitions)
* 2. [Property Subject to This Declaration & Additions Thereto](#PropertySubjecttoThisDeclarationAdditionsThereto)
* 2.1. [Existing Property](#ExistingProperty)
* 3. [Membership and Voting Rights in the Association](#MembershipandVotingRightsintheAssociation)
* 3.1. [Membership](#Membership)
* 3.2. [Voting Rights](#VotingRights)
* 4. [Covenant for Maintenance & Easements](#CovenantforMaintenanceampEasements)
* 4.1. [Creation of the Lien and Personal Obligation of Assessment:](#CreationoftheLienandPersonalObligationofAssessment:)
* 4.2. [Purpose of Assessments:](#PurposeofAssessments:)
* 4.3. [Basis and Maximum of Annual Assessments](#BasisandMaximumofAnnualAssessments)
* 4.4. [ Special assessments for Capital Improvements](#SpecialassessmentsforCapitalImprovements)
* 4.5. [Change in Basis and Maximum of Annual Assessments:](#ChangeinBasisandMaximumofAnnualAssessments:)
* 4.6. [ Quorum for Any Action Under Section 4 and 5:](#QuorumforAnyActionUnderSection4and5:)
* 4.7. [ Date of Commencement of Annual Assessments Due Dates:](#DateofCommencementofAnnualAssessmentsDueDates:)
* 4.8. [ Duties of the Board of Directors:](#DutiesoftheBoardofDirectors:)
* 4.9. [ Effect of Non-payment of Assessment, The Personal Obligation of the Owner, The Lien, Remedies of Association:](#EffectofNon-paymentofAssessmentThePersonalObligationoftheOwnerTheLienRemediesofAssociation:)
* 4.10. [ Subordination of the Lien to Mortgages:](#SubordinationoftheLientoMortgages:)
* 4.11. [Exempt Property:](#ExemptProperty:)
* 5. [ Governance](#Governance)
* 5.1. [ Authority of Developer:](#AuthorityofDeveloper:)
* 5.2. [Number Term and Election:](#NumberTermandElection:)
* 5.3. [ Officers of the Board of Directors:](#OfficersoftheBoardofDirectors:)
* 6. [~~ARTICLE VI~~](#ARTICLEVI)
* 7. [Use Resritions](#UseResritions)
* 7.1. [General Provisions:](#GeneralProvisions:)
* 8. [ Easements](#Easements)
* 8.1. [Context](#Context)
* 9. [General Provisions](#GeneralProvisions)
* 9.1. [ Duration:](#Duration:)
* 9.2. [Notices:](#Notices:)
* 9.3. [Enforcement:](#Enforcement:)
* 9.4. [Severability:](#Severability:)
* 10. [OPTION 1: The Commons as a subsidized agricultural space](#OPTION1:TheCommonsasasubsidizedagriculturalspace)
* 10.1. [Proposals](#Proposals)
* 10.2. [Values by which business plans are evaluated.](#Valuesbywhichbusinessplansareevaluated.)
* 10.3. [Perimeter fence:](#Perimeterfence:)
* 11. [OPTION 2: The Commons as a centrally planned farm](#OPTION2:TheCommonsasacentrallyplannedfarm)
* 12. [OPTION 3: The commons as an anarchy playground (Article X Option 2)](#OPTION3:ThecommonsasananarchyplaygroundArticleXOption2)

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#  Declarations
"I'm tired of going to the grocery store, buying organic food, knowing that they're lying to me… There are people suffering from cancer and a long list of stuff and its all related back to nutrition. I want what's better for me, for my family. I want to blaze a trail, I can see it, I can feel it. I want to live in a plethora of life. I want to have the chickens, the pigs, the cattle, but mostly I want to have community. I want to live in a community where I feel like everyday I learn something new and these people give a shit like I do, in fact most of these people are better at this stuff than I am and I want to share a table with them. I don't want to be the smartest guy in the room, I don't want to be the permaculture guy in the room. I want to be middle of the road, because these people know so much more than I do and I'm learning and were figuring things out together. These people care about what's good the same way I do. I want this richer, more glorious, more magnificent life and it's going to feature food that's above and beyond. I want it to be so great that I want to prove it, I want it to be an example… I want to live this more pure, more delicious life with people who have similar values, rather than swimming upstream. I want it to have so many redundancies that it doesn't require this enormous amount of work or discipline for it to happen. I have this thing in my head of how I want to live and I think I am not the only one who feels this way."

THIS DECLARATION made this XXXth day of XXX XXX, by Liberton INC, hereinafter called Developer.

WHEREAS Developer is the owner of the real property described in Article II of this declaration and desires to create thereon a residential community and to this end, desires to subject the real property described in Article II together with such additions as may hereafter be made thereto the covenants, restrictions, easements, charges and­ liens, hereinafter set forth, each and all of which is and are or the benefit of said property and each owner thereof; and­­

WHEREAS, Developer has deemed it desirable for the efficient preservation of the values and amenities in said community, to create an association to which should be delegated and assigned the powers to maintain and administer the community properties and facilities and administering and enforcing the covenants and restrictions and collecting and disbursing the assessments and charges hereinafter created; and

WHEREAS Developer of Liberton hereby forms an Association known as Liberton Community Association for the purpose of exercising the functions herein set forth:

NOW, THEREFORE, the Developer declares that the real property described in Article II and such additions thereto as may hereafter be made, is and shall be held, transferred, sold, conveyed, and occupied subject to covenants, restrictions, easements, charges and liens Sometimes referred to as "covenants and restrictions" hereinafter set forth.

##  1. <a name='Definitions'></a>Definitions
The following words when used in this Declaration (unless the context shall prohibit) shall have the following meanings:

1. Association' or 'Community Association" shall mean and refer to the Liberton Community Association.
2. "The Properties "shall mean and refer to all such existing properties and additions thereto, as are subject to this Declaration.
3. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of Common Properties as heretofore defined.
4. "Living Unit" shall mean and refer to any portion of a building situated upon the Properties designed and intended for use and occupancy as a residence by a ~~single~~ family.
5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the few simple titles to any Lot or Living Unit situated upon The Properties, but not withstanding any applicable theory of the mortgage, shall not mean or refer to the mortgagee unless and until such mortgagee has acquired foreclosure.
6. "Member" shall mean and refer to all those Owners who are members of the Association as provided in Article III, Section 1, hereof.
7. "the Commons" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the lots as heretofore defined.

##  2. <a name='PropertySubjecttoThisDeclarationAdditionsThereto'></a>Property Subject to This Declaration & Additions Thereto

###  2.1. <a name='ExistingProperty'></a>Existing Property

The real property which is, and shall be, held, transferred, sold, conveyed, and occupied subject to this Declaration is located in XXX County, Village of XXX, Missouri and is more particularly described as follows:

All lots and ground situated upon the plat of Liberton recorded in Plat Book \_\_\_\_\_\_, Page \_\_\_\_\_, of the XXX County Recorder's Office, State of Missouri.

All of which real property shall hereinafter be referred to as "Existing Property".

##  3. <a name='MembershipandVotingRightsintheAssociation'></a>Membership and Voting Rights in the Association

###  3.1. <a name='Membership'></a>Membership

Subject to provisions of Article V, Section 1, every person, or entity who is a record owner of a fee undivided fee interest in any Lot or Living Unit which is subject by covenants of recorded assessment by the Association shall be a member of the Association, provided that any such person or entity who holds such interest merely as a security for performance of any obligation shall not be a member.

###  3.2. <a name='VotingRights'></a>Voting Rights

After the Developer has called the election for the Board of Directors pursuant to Article V, Section 2, the Association shall have one class of voting membership:

CLASS A - Class & members shall be all those owners as defined in Section 1. Class A members shall be entitled to one vote for each Lot in which they hold the interest required for membership by Section 1. When more than one person holds such interest or interests in any Lot, all such persons shall be members, and the vote for such Lot shall be exercised as they are among themselves determine, but in no event shall more than one vote be cast with respect to any such lot.

##  4. <a name='CovenantforMaintenanceampEasements'></a>Covenant for Maintenance & Easements

###  4.1. <a name='CreationoftheLienandPersonalObligationofAssessment:'></a>Creation of the Lien and Personal Obligation of Assessment:

The Developer for each lot owned by him within The Properties hereby covenants and each owner of any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, be deemed to covenant, and agree to pay to the Association:

1. annual assessments or charges,
2. special assessments for capital improvements, such assessments to be fixed, established, and collected from time to time as hereinafter provided.

The annual and special assessments, together with such interest thereon and cost of collection thereof as hereinafter proved, shall be a charge on the land and shall be a continuing lien upon the property which end such easement is made when property filed with the Recorder of Deeds. Each such assessment, together with such interest thereon and cost of collection thereof as hereinafter provided, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due.

###  4.2. <a name='PurposeofAssessments:'></a>Purpose of Assessments:

The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health safety, and welfare of the residents in the Properties and in particular for the improvement and maintenance of properties, services and facilities devoted to this purpose and related to the use and enjoyment of any Common properties, including, but not limited to, the payment of taxes and insurance thereon and repair, replacement, and additions thereto, and for the cost of labor, equipment, materials, management and supervision thereof.

###  4.3. <a name='BasisandMaximumofAnnualAssessments'></a>Basis and Maximum of Annual Assessments

At the first organized meeting of the Association, annual assessments shall be determined. Prior to the first organizational meeting of the Homeowners Association, the assessment shall be $XX, payable to the Developer at the closing of the purchase of the home, and on XXX 1 of every year the after.

From and after that time, the annual assessment may be increased by vote of the Members, as hereinafter provided, for the next succeeding period of three years.

The Board of Directors of the Association may, after consideration of current maintenance costs and future needs of the Association fixed the actual assessment for anyone or all the above for any year at a lesser amount.

###  4.4. <a name='SpecialassessmentsforCapitalImprovements'></a> Special assessments for Capital Improvements

In addition to the annual assessments authorized by Section 3 hereof, the association may levy in any assessment year a special assessment, applicable to that year only, for the purpose of paying, in whole or in part, the cost of any construction or improvement upon any Common Properties, provided that any such assessment shall have the assent of two-thirds of the votes of Members who are voting in person or by proxy at a meeting duly called for this purpose, written notice of which shall be sent to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting.

###  4.5. <a name='ChangeinBasisandMaximumofAnnualAssessments:'></a>Change in Basis and Maximum of Annual Assessments:

Subject to the limitations of Section 9 hereof, and for the periods therein specified, the Association may change the maximum and basis of the assessments fixed by Section 3 hereof prospectively for any such period provided that any such change shall have the assent of a majority of the votes of Members who are vote in Person or by proxy, at a meeting duly called for this purpose, written notice of which shall be made to all Members at least thirty (30) days in advance and shall set forth the purpose of the meeting, provided further that the limitations of Section 3 hereof shall not apply to any change the maximum and basis or the assessments undertaken as an incident to a merger of consolidation in which the Association is authorized to participate under its Articles of Incorporation and under Article II, Section 2 hereof.

###  4.6. <a name='QuorumforAnyActionUnderSection4and5:'></a> Quorum for Any Action Under Section 4 and 5:

The quorum required for any action authorized by Sections 4 and 5 hereof shall be as follows:

At the first meeting called, as provided in Sections 4 and 5 hereof, the presence at the Meeting of Members, or of proxies, entitled to cast sixty (60) percent of all the votes of each class of membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, another meeting may be called, subject to the notice requirements set forth in Section 4 and 5, and the required quorum at any such subsequent meeting shall be one half of the required quorum at the preceding meeting, provided that no such subsequent meeting shall be held more than sixty (60) days following the preceding meeting.

###  4.7. <a name='DateofCommencementofAnnualAssessmentsDueDates:'></a> Date of Commencement of Annual Assessments Due Dates:

The Annual assessments provided for herein shall commence on the date (which shall be the first day of a month) fixed by the Board of Directors of the Association to be the date of commencement.

The first annual assessments shall be made for the balance of the calendar year and shall become due and payable on the day fixed for commencement. The assessments for any year, after the first year, shall become due and payable on the first day of XXX of said year.

The amount of the annual assessment which may be levied for the balance remaining in the first year of assessment shall be an amount which bears the same relationship to the annual assessment provided for in Section 3 herein as the remaining number of months in that year bear to twelve. The same reduction in the amount of assessment shall apply to the first assessment levied against any property which is hereafter added to The Properties now subject to assessment at a time other than the beginning of any assessment period.

The due date of any special assessment under Section 4 hereof shall be fixed in the resolution authorizing such assessment.

###  4.8. <a name='DutiesoftheBoardofDirectors:'></a> Duties of the Board of Directors:

The Board of Directors of the Association shall fix the date of commencement and the amount of the assessment against each lot for each assessment period of at least thirty (30) days in advance of such date or period and shall, at that time, prepare a roster of The Properties and assessments applicable thereto which shall be kept in this office of the association and shall be open to inspection by any Owner.

Written notice of the assessment shall thereupon be sent to every owner subject thereto.

This Association shall upon demand at any time furnish to any Owner liable for said assessment a certificate in writing signed by an officer of the Association, setting forth whether said assessment has been paid. Such certificate shall be conclusive evidence of payment of any assessment therein stated to have been paid.

###  4.9. <a name='EffectofNon-paymentofAssessmentThePersonalObligationoftheOwnerTheLienRemediesofAssociation:'></a> Effect of Non-payment of Assessment, The Personal Obligation of the Owner, The Lien, Remedies of Association:

If the assessments are not paid on the date when due (being the dates specified in Section 7 hereof) then such assessment shall become delinquent and shall, together with such interest thereon and cost of collection thereof as hereinafter Provided, thereupon become a continuing lien on the property which shall bind such property in the hands of the then Owner, his heirs, devisees, personal representatives, and assigns.

If the assessment is not paid within thirty (30) days after the delinquency at the rate of ten percent (l0%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or to foreclose the lien against the property, and there shall be added to the amount of such assessment the cost of preparing and filing the complaint in such action and in the event a judgment is obtained, such judgment shall include interest on the assessment as above provided and a reasonable attorney's fee to be fixed by the court together with the costs of the action.

###  4.10. <a name='SubordinationoftheLientoMortgages:'></a> Subordination of the Lien to Mortgages:

The lien of the assessments provided for herein shall be subordinate to the lien of any mortgage or mortgages now or hereafter placed upon the properties subject to assessment: provide, however, that such subordination shall apply only to the assessments which have become due and payable to a sale or transfer of such property pursuant to a decree of foreclosure, or any other proceeding in lieu of foreclosure. Such sale or transfer shall not relieve such property from liability for any assessments thereafter becoming due, nor from the lien of any such subsequent assessment.

###  4.11. <a name='ExemptProperty:'></a>Exempt Property:

The following property subject to this Declaration shall be exempted from the assessments, charge and lien created herein:

1. all properties to the extent of any easement of other interest therein dedicated and accepted by the local public authority and devoted to public use.
2. All Common Properties as defined in Article I, Section 1, hereof.
3. All properties exempted from taxation by the laws of the State of Missouri upon the terms and to the extent of such legal exemption.

Notwithstanding any provisions here in, no land or improvements devoted to dwelling use shall be exempt from said assessments, charges, or liens.

##  5. <a name='Governance'></a> Governance

###  5.1. <a name='AuthorityofDeveloper:'></a> Authority of Developer:

Until all lots have sold, the Developer or any person, corporation, partnership, or legal entity so designated by the Developer by recorded instrument shall exercise the powers and duties of the Board of Directors.

###  5.2. <a name='NumberTermandElection:'></a>Number Term and Election:

Following the sale of all lots as provided above, the Board of Directors of 3 persons shall be elected, in staggered terms in the following manner: a notice of such election shall be given by either the Developer or the Owners of any 3 lots to all unit owners in the same manner and within the same time. a quorum of Lot Owners is not necessary. There will be separate elections for the position of President, Secretary and Treasurer. The person receiving the majority votes in each election shall be elected to that position. The President and Secretary shall serve a two-year term and the Treasurer shall serve a one-year term. The Board of Directors shall serve without compensation. Thereafter an election shall be called and held each year for the position of the Director whose term expires. Each Director's term shall be for 2 years in all elections other than the first election of Directors.

###  5.3. <a name='OfficersoftheBoardofDirectors:'></a> Officers of the Board of Directors:

The President shall preside over all meetings of the Board of Directors and of the voting members. The Secretary shall keep minutes of all meetings of the Board and of the voting members and in general perform all duties incident to the office of Secretary. The Treasurer shall keep all financial records and books of account.

##  6. <a name='ARTICLEVI'></a>~~ARTICLE VI~~

~~Architectural Control Committee~~

~~SECTION 1. Review by Committee:~~

~~No building, fence, wall, carport, deck, or other structure shall be commenced, erected, or maintained upon the Properties, nor shall any exterior additions to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the sane shall have been submitted to and approved in writing as to harmony of the external design and location in relation to surrounding structures and topography by Architectural Control Committee, composed of XXX or assignee, who shall serve unti1 all lots are sold and living units built thereon or until such time as they shall resign. Reference in this Declaration to "Architectural Control Committee" shall apply either to the aforesaid committee or the successor whichever happens to be acting at the time.~~

##  7. <a name='UseResritions'></a>Use Resritions

###  7.1. <a name='GeneralProvisions:'></a>General Provisions:

All of the Existing Property shall be subject to the following use restrictions:

1. Land Use: ~~No building or structure shall be used for a purpose other than that for which the building or structure was originally designed, without the approval of the Architectural Control Committee.~~ Its your private property, do what you want accepting full responsibility for it.
2. Obstruction of Traffic: ~~No fence, wall, tree, hedge, or shrub planting shall be maintained in such manner as to obstruct sight lines for vehicular traffic. Except as may be required to comply with the prior sentence, no living tree of a diameter of more than four inches measured two feet above the around level, lying without the approved building, driveway, and parking areas, shall be removed without the approval of the Architectural Control Committee.~~ No internal roads will be created. So this isn't a problem.
3. Nuisances: ~~obnoxious or offensive activities shall be carried on upon any portion of The Properties, nor shall anything be done thereon that may be or become a nuisance or annoyance to the neighborhood. No exterior lighting shall be directed outside the boundaries of a lot or other parcel.~~ Do I really need to write "don't be a dick"?
4. ~~Grades: Within any slope control area established by the Developer, no structure, planting, or other materials shall be placed or permitted to remain, nor shall any activity be undertaken, which may dodge or interfere with established slops ratios, create erosion or sliding problems, or obstruct or retard the flow of water through drainage channels. The slope control areas of each lot or other parcel and all improvements in them shall be maintained continuously by the Owner, except for those improvements for which a public authority or utility company is responsible.~~
5. ~~Fences: No fence or wall of any kind shall be erected, begun, or permitted to remain upon any portion of the Properties unless approved by the Architectural Control Committee.~~
6. ~~No Commercial Activities: No commercial activity of any kind shall be conducted on any Lot or in any Living Unit, nor the carrying on of promotional activities by the Developer.~~
7. Commercial Activities: If you want to have a business on your property, you can, but you take responsibility for all laws pertaining to said business. If you have a business on the commons, you need approval of the board. The community will elect someone to run the community kitchen, firing range, HAM tower, and farmland.
8. Livestock: ~~No~~ hogs, cows, goats, birds, livestock, or animals of any kind~~, other than domestic pets (except house pets with vicious propensities),~~ shall be brought onto or kept on The Properties; and ~~no more than two dogs, cats, or other such pets may be kept or maintained on any Lot or Living Unit.~~ If your animals are deemed by the board to be obnoxiously noisy or smelly, the board with determine the frequency and amount of fines. Let's start with $10 per incidence of complaint to be submitted to the president in writing **AND** duplicated in email. The board will determine if the accusation is true.
9. ~~Parking of Motor Vehicles, Boats and Trailers: No trucks or commercial vehicles, boats, house trailers, boat trailers, motor homes or other recreation vehicles and trailers of every other description shall be permitted to be parked or to be stored on any Lot unless they are parked or stored in an enclosed garage or in such other enclosure approved by the Architectural Control Committee except only during period of approved construction on the Lot. This prohibition of parking shall not apply to temporary parking of trucks and commercia1 vehicles such as for Pickup, delivery, and other commercial services for a period not to exceed 24 hours.~~
10. ~~Overhead Wiring: No power or telephone, or TV. distribution or service connection lines may be erected or maintained above the surface of the around on Lot without the consent in writing by the Architectural Control Committee established hereby and with the approval of the County Planning and Zoning Commission.~~
11. Swimming Pools: ~~No~~ above ground swimming pools allowed on the Properties. Natural pools are encouraged and may be subsidized by the board if you make a proposal and they want to allocate budget to it.
12. ~~Laundry Poles: No permanent poles for attaching wires for line for the purpose of handling laundry thereupon shall be erected, installed, or constructed on Lot.~~
13. Antennas: ~~No~~ outside radio or television antenna or satellite dish shall be erected, installed, or constructed on any Lot ~~, without written consent of the said Architectural Control Committee~~. Do not interfere with any signals produced by the Commons.
14. Fuel Tanks: ~~No~~ fuel tank or container of any nature shall be placed, erected, installed, or constructed on any Lot ~~, unless approved by the Architectural Control Committee~~.Tanks are encouraged and may be subsidized by the board if you make a proposal and they want to allocate budget to it.
15. ~~Temporary Structures: No structure of a temporary character trailer, basement, tent, shack, garage, barn, or other outbuildings shall be used on any Lot at any time as a residence, either temporarily or permanently.~~
16. ~~Signs: No signs, advertisements, billboards, or advertising structures of any kind may be erected or maintained on any Lot or Common Property; except by Developer, without approval of the Architectural Control Committee, The Developer has the authority to erect any size sign on any location to name the subdivision and for sales purposes.~~
17. ~~Drilling & Quarrying: No oil drilling, oil development operations, oil refining, quarrying, or mining operations of any kind shall be permitted upon or in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations, or shafts be permitted upon or in any Lot. No derrick or other structure designed for use in boring oil or natural gas shall be erected, maintained, or permitted upon any Lot.~~
18. Dumping or Rubbish: No Lot shall be used or maintained as a dumping ground for rubbish. Trash and garbage or other waste shall not be kept except in sanitary containers, or incinerators or other equipment for the storage or disposal of such material, which equipment shall be kept in a clean and sanitary condition. Compost piles and recycling are and may be subsidized by the board if you make a proposal and they want to allocate budget to it. If you'd prefer to use the compost pile on the Commons, a fee may be levied for its maintenance. If a common trash/recycling program is created where garbage is stored or processed on the commons, a fee may be levied.
19. Sewage Disposal: ~~No~~ individual sewage treatment system shall be permitted on any Lot. ~~All sanitary sewer lines shall connect with the central sewage disposal system provided. Water from downspouts or any surface water shall not be permitted to drain into the sanitary sewer system.~~ Septic is cool, but black and greywater harvesting systems are cooler. Compost toilets, greywater harvesting/processing are encouraged and may be subsidized by the board if you make a proposal and they want to allocate budget to it.
20. Water Supply: ~~No~~ individual water system shall be permitted on any Lot. Cisterns, swales, ponds and lakes are encouraged and may be subsidized by the board if you make a proposal and they want to allocate budget to it.
21. Utility Easement: ~~Easements for installation and maintenance of utilities and drainage facilities are reserved to the Developer as shown on recorded Plats. Such easements shall include the right of ingress and egress for construction and maintenance purposes. Within these easements, no structure, planting, or other material shall be placed or permitted to remain which may damage any structure installed in accordance with said easement, or interfere with the installation and maintenance of utilities, or which may change the direction of the flow of drainage in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of such Lot and all improvements in it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public authority or utility company is responsible.~~ This is on you to work out with the utility company on your own property.
22. Care and Appearance of Premises: ~~The structures and grounds on each Lot shall be maintained in a neat and attractive manner.~~ The Association shall have the right (upon 30 days' notice to the Owner of the Property involved, setting forth the action intended to be taken, and if at the end of such time such action has not been taken by the owner), at the expense of the owner, to remove trash or rubbish, ~~and to cut grass, weeds, and vegetation and to trim or prune any hedge or other planting that in the opinion or the Architectural Control Committee, by reason of its location or the height to which or the manner in which it is permitted to grow, is detrimental to adjoining property is unattractive in appearance.~~ The Association shall further have the right, upon like notice and conditions, to care for vacant or unimproved property, ~~and to remove grass, weeds, and rubbish therefrom and to do any and all things necessary or desirable in the opinion of the Architectural Control Committee to keep such property in neat and good order all~~ at the cost and expense of the Owner. Such costs and expenses incurred by The Association shall be paid to The Association upon demand, if not paid within ten days thereof then they shall become a lien upon the property affected, equal to priority to the lien provided for in Article IV hereof.
23. Appearance of Common Ground: Maintenance, management, operation, repair and replacement of the Subdivision and improvements, including, without limitation, mowing, landscaping, plant, seeding, pruning and care or shrubbery, removal of plants, maintenance, repair, and replacement of improvements located within the Commons ~~Areas, including Detention Basins~~ and Association Structures shall be the responsibility of the Association as defined in Article X.

~~###  2. Provisions Applicable to Lots Designated for Single- Family Dwellings:~~

~~Any Lot subject to this Declaration designated on a recorded plat for single-family dwelling purposes shall be subject, in addition to the General Provisions, to the following use restrictions:~~

1. ~~Land Use: None of said lots may be improved, used, or occupied for other than private residence purpose (except for model homes used intended by the Deve1oper1 and no flat or apartment house, although for residential purposes, may be erected thereon. Any residence erected or maintained on any of said Lots shall be designed for Occupancy by a single family.~~
2. ~~Height Limitation: Any residence erected on any of said Lots shall not be more than two C2) levels in height, above ground, provided, that a residence more than two C2) stories in height may be erected on any of said lots with the written consent of the architectural Control Committee.~~
3. ~~Minimum Size Requirements: any residence consisting of a single level above ground level shall contain a minimum of 1500 square feet of enclosed floor area, any residence consisting of two levels above ground level shall contain a minimum of 1884 square feet of enclosed floor area in the two levels above ground level: the words "enclosed floor area" as used herein shall mean and include any residence enclosed and I finished for all year occupancy, computed on outside measurements of the residence, and shall I not mean or include any area of basements , garages , carport , porches or attics.~~
4. ~~Building Lines: No part or any residence shall be located on any lot nearer to the front street or the side street than is the front building line or the side building shown on the recorded plat, nor shall any part of any residence be located on any lot nearer than 6 feet to the side property line nor nearer than 25 feet to the rear property line. Provided, however, the following enumerated parts of any residence may project over the above described front, side, and rear lines, for the distance shown, to wit:~~
 1. ~~Window Projections: Bay, bow or oriel, former and other projecting windows not exceeding one story in height may project not to exceed two (2) feet.~~
 2. ~~Miscellaneous Projections: Cornices, spoutings, chimneys, brackets, pilasters, grillwork, trellises, and other similar projections for purely ornamental purposes, may project a distance not to exceed two C2) feet.~~
 3. ~~Vestibule Projections: Any vestibule not more than one story in height may project a distance not to exceed two (2J feet.~~
 4. ~~Porch Projections: Unenclosed covered porches, balconies and porte cocheres may project beyond the front building line not to exceed six (6) feet.~~
 5. ~~Garages: &l1 garages must be attached to the main dwelling house unless otherwise approved by the Architectural Control Committee. All #ara#es facing any street must be equipped with doors which shall be kept closed as much as practicable to preserve the appearance of the elevation of the house fronting on the street.~~
 6. ~~Frontage: All dwelling houses shall front on the street on which It is located as shown on the recorded plat unless otherwise approved by the architectural Control Committee. Dwelling houses located on corner lots shall front or present a good frontage on both streets unless otherwise approved by the Architectural Control Committee.~~

##  8. <a name='Easements'></a> Easements

~~###  1. Easement for Installation of Post lamps:~~

~~There shall be and is hereby reserved to the Developer of utility company a perpetual and non-exclusives easement to install a post lamp on any lot at any time, such easement to include, but not be limited to, the right to install, relocate and, maintain all necessary underground wire and/or leads into any Living Unit situated upon The Property.~~

~~###  2. Easement for Landscaping and Related Purposes:~~

~~There shall be and is hereby reserved to the Developer a perpetual and non- exclusive easement over all lots, or Common area or Community Facility, for a distance of ten (10) feet behind any lot line which parallels a street (Whether it be public or private) for the purpose of erecting and maintaining street intersection signs, directional signs, temporary promotional signs, entrance features, lights, stone, wood, or masonry wall features and/or related landscaping, except for Lots 1 and 76 which shall have a non-exclusive easement for a distance of 30 feet behind any lot which parallels the street (whether public or private) for the same purposes set out in this section.~~

###  8.1. <a name='Context'></a>Context

As used in this Article, the term "lot" shall be deemed to include all parcels or property which are part of The Property.

##  9. <a name='GeneralProvisions'></a>General Provisions

###  9.1. <a name='Duration:'></a> Duration:

The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any land subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of 30 years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by the then Owners of 2/3 (two-thirds), of the Lots has been recorded agreeing to change said covenants and restrictions in whole or ln part.

###  9.2. <a name='Notices:'></a>Notices:

Any notice required to be sent to any Member of Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

###  9.3. <a name='Enforcement:'></a>Enforcement:

Enforcement of these covenants and restrictions shall be by any proceeding at law or in equity by the Association against any person or persons violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the land to enforce any lien created by these covenants, and failure by the Association to enforce any covenant or restriction heroin contained shall in no event be deemed a waiver of the right to do so thereafter.

###  9.4. <a name='Severability:'></a>Severability:

Invalidation of any one of these covenants or restrictions by Judgment or court order shall in no way affect any other provision which shall remain in full force and effect.

##  10. <a name='OPTION1:TheCommonsasasubsidizedagriculturalspace'></a>OPTION 1: The Commons as a subsidized agricultural space

###  10.1. <a name='Proposals'></a>Proposals

Each business plans shall be presented to the board for approval to use portions of the commons. The board can enter into these agreements for no longer than their term.

###  10.2. <a name='Valuesbywhichbusinessplansareevaluated.'></a>Values by which business plans are evaluated.

The general intent is community preparedness. Variety and economy should be the first goals, closely followed by regenerative agricultural practices and nutrition.

Regarding plants – emphasis on perennials

Regarding animals – an emphasis on management intensive and rotational systems.

Regarding processing – an emphasis on long term low energy storage methods.

Regarding energy – an emphasis on renewable resources.

Regarding buildings – an emphasis on multi-use, natural building techniques and education.

Initial ideas:

* Firing range
* HAM radio tower
*  Camp ground
* Group house
* Airbnb
* Kitchen
 * Preserving equipment
   * Freezing
   * Canning
   * drying
 * butchering
* Showers
* Farming
 * Barns
 *  Cattle
 *  Sheep
 *  Chickens
 *  Seed bank
 *  hogs
* Natural pool

###  10.3. <a name='Perimeterfence:'></a>Perimeter fence:

This is going to have to be build by the community since animals will be in it. Here should be set out how its built.

##  11. <a name='OPTION2:TheCommonsasacentrallyplannedfarm'></a>OPTION 2: The Commons as a centrally planned farm

See the document called permacultureCommunity sections on divisions, departments and mangers for the structure of this style of commons management.

##  12. <a name='OPTION3:ThecommonsasananarchyplaygroundArticleXOption2'></a>OPTION 3: The commons as an anarchy playground (Article X Option 2)

the basic idea of this would be that there would be no governing body for the commons and the only thing this article would setup would be who arbitrates disagreements that happen in the commons. I feel like this is dumb, and more costly since the idea of this community is that we have similar ideals.
Filename: permacultureHOA.pdf
File size: 107 Kbytes
 
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Livestock: hogs, cows, goats, birds, livestock, or animals of any kind~~, other than domestic pets (except house pets with vicious propensities),~~ shall be brought onto or kept on The Properties;



I think a lawyer would read that as requiring homeowners to bring hogs, cows, goats, birds, livestock or animals onto the property. You might want to replace the word, "shall" with the word "may." That would allow homeowners to bring animals in, but not require them to. There are a number of places in the document like this where the document you started with tries to prohibit something, but you are permitting it.

Or maybe there should be a ceremony shortly after the homeowner moves in where he brings a whole bunch of animals onto his property, and then removes the ones he doesn't want to keep? That could be a cool tradition.
 
K Wagner
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Jeremy VanGelder wrote:

Livestock: hogs, cows, goats, birds, livestock, or animals of any kind~~, other than domestic pets (except house pets with vicious propensities),~~ shall be brought onto or kept on The Properties;



I think a lawyer would read that as requiring homeowners to bring hogs, cows, goats, birds, livestock or animals onto the property. You might want to replace the word, "shall" with the word "may." That would allow homeowners to bring animals in, but not require them to. There are a number of places in the document like this where the document you started with tries to prohibit something, but you are permitting it.

Or maybe there should be a ceremony shortly after the homeowner moves in where he brings a whole bunch of animals onto his property, and then removes the ones he doesn't want to keep? That could be a cool tradition.




Nice Catch. While i do love the idea of a welcoming ceremony, i think the idea of having to bring the animals to your property would be hard! I definitely need to go fix some stuff.
 
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I've never signed, nor even seen, a HOA agreement before, are they typically this long?

Even with the premise that it's permaculture-friendly, there's too much stuff there to read.  Too many rules.  And I just *know* that when the rules are open to interpretation, the lowly homeowner will lose each and every time to the HOA officers.

This is almost like Sheldon's Roommate Agreement.

 
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When we owned a condo in a big city, there was an HOA that was part of the property deed. We didn't sign anything particular other than title transfer stuff, but we had to read it just to understand what that organization could do to us, and what we in turn couldn't do ... the color of this, the placement of that ... garbage cans, cars/rv's/bicycles ... ugh. Committees who had to pass judgement on what we wanted to do ... double-ugh. Finally, HOA fees that went nowhere but up, every year.

If nothing else, we've learned to avoid HOA's like the plague ... no property shall be purchased by us that has one, as it just isn't going to be good for us. We look for unrestricted land, with no HOA's ...

IMHO, only lawyers could ever be happy with an HOA, from a "generates yearly billings" perspective. Only a lawyer can understand *any* law that gets passed these days ... I don't find out that I'm in the wrong until I unknowingly break the law. Legal before, illegal now ...

I'd rather just see a board with some rules burned into it, at the front entrance ... like at any State park or swimming pool. Easily readable, lets me know in 5 seconds what is expected (what I can and can't do), and so on ...
 
K Wagner
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Gary Numan wrote:I've never signed, nor even seen, a HOA agreement before, are they typically this long?
... Too many rules.  And I just *know* that when the rules are open to interpretation, the lowly homeowner will lose each and every time to the HOA officers.

This is almost like Sheldon's Roommate Agreement.



If you didn't read it, then why respond? There are no rules in this document for the homeowner at all, all it says is if you pile cars up on your lawn, you'll be forced to remove them. That's pretty much it, the purpose is to farm the ground the HOA owns.
 
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Jt Lamb wrote:
I'd rather just see a board with some rules burned into it, at the front entrance ... like at any State park or swimming pool. Easily readable, lets me know in 5 seconds what is expected (what I can and can't do), and so on ...




did you read the document? It basically only says you can't pile junk cars in your lawn. The purpose is to farm the common ground, but you need a legal structure for an IC if you read Paul's books or any other IC information
 
Jt Lamb
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I did read it ... it was chock-full of the HOA elements that basically drove us to find land that had no HOA of any kind. This document seems to have "fees", "architectural committees", and so on ... all the things that complicate ownership for me, not make it easier. I'm sure these kinds of governing bodies are good for some folks ... just not good for us at all, based on our previous experiences with a condo.

However, for what you are wanting to do (and the PC community you are doing it for), maybe this HOA doc is a good vehicle to use ... my comments above were truly aimed at being helpful (simplify things with something like a pool sign).

Certainly HOA's abound ... in fact, I appreciate it when a community self-identifies with an HOA.
 
Gary Numan
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Jt Lamb wrote:  it was chock-full of the HOA elements that basically drove us to find land that had no HOA of any kind. This document seems to have "fees", "architectural committees", and so on ... all the things that complicate ownership for me, not make it easier.




I just saw, it "basically" "only" says you can't pile up junk cars on your lawn, "that's pretty much it".



 
Jt Lamb
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Still contains fee structures, assessments, liens ...

Some clauses that may lead to others reviewing your actions and deciding something for you ...

Appears to be a standard hoa agreement overlayed onto an ic community (?), vs an agreement that arises out of ic or pc principles. It would take some research to see if the latter exists, so the former is definitely one approach.

Appears to be a "developer" leaning document, which may be exactly what the community and/or developer wants ... no comment needed in such a case, only recognition of what it is.
 
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