Eagle Rock Reserve is a unique
community that was created to accommodate thirty-nine permanent, single family
residences while protecting
the natural, scenic and environmental integrity of the land and the security
and quiet enjoyment of Owners. - - while at
the same timeThe
plan of the Reserve maintaining s the Reserve’s open
spaces for agriculture, its significant wildlife habitat, and the pursuit
of recreation by the Owners. as well as protecting its natural
scenic and environmental integrity and the security and quiet enjoyment of
Owners. You can readily see differences between the Reserve and
other subdivisions within the Bozeman area. Those differences exist by design
and choice, and the Reserve’s Owners have joined together to support these
goals in their decisions about their own properties and the common property in the Reserve. With this in mind, they Owners established the Eagle Rock Reserve’s
Owner’s Association and adopted certain covenants and guidelines governing the
use of the property and the design of residences.
There can sometimes be mMisunderstandings sometimes arise if a new buyers does not know about
these covenants and guidelines. As a
convenience and courtesy, therefore,
Eagle Rock Reserve’s Owner’s Association would like to provide you with
this partial Summary of the Covenants and Guidelines.
Of course, the full recorded terms of the Declaration
of Covenants, Conditions and Restrictions (“Covenants”), and the published Design
Review Guidelines (“Guidelines”) actually govern homeowner
activities in Eagle Rock Reserve. You should not rely on this Summary as a
legal document or substitute for a careful reading of the Covenants and
Guidelines themselves, which your realtor or attorney should provide to you
before you buy property in Eagle Rock Reserve.
Furthermore,
bBefore
purchasing property in Eagle Rock Reserve, you should seek legal advice about
any part aspect of the Covenants and
Guidelines that you do not understand.
Eagle
Rock Reserve Owners' Association
Each Owner of a Parcel (with its home site) in the Reserve becomes a
Member of the Eagle Rock Reserve Owners' Association (“Association”), and the Owners works together through
the Association to govern and manage of the common areas and the Association’s
property. Each Parcel in the Reserve is
entitled to one membership and one vote in the Association, whose primary governing
body is the Board of Directors. The Board of Directors, which
is composed of nine Members elected from the Membership at the Annual Meeting of the Members of the Association.
The
Board also has a number of committees, many of which are open to broad
participation. , whichThese committees include an
Executive Committee and others for Design Review, Property, Barn, Trails, and
Finance. Major decisions are made after extensive discussion within Committees, a
review by the Board and often a review by the full Membership.
The Association assesses Members annually quarterly to cover its expenses for the
maintenance of Association structures, such as the barn and gatehouse, roads
(including snow plowing), mowing and haying, fencing, equipment and other
operating expenses for employee salaries, utilities, materials, and other improvements deemed
necessary by the Board and Membership. Driveway maintenance (including
snowplowing) is not included in this assessment. There may also be occasional
special assessments when approved by two-thirds of the voting OwnersMembers.
Building on the Reserve Most of the
thirty-nine Parcels in the Reserve are each comprised of approximately twenty plus deeded acres,
but development by the Owner is permitted only within the 3-acre Designated
Residential Areas (“DRA”), which surrounds each
home site. The remaining seventeen acres in each Parcel are spread across the Reserve’s
other 647 acres and are designated as a Common Easement Area,
which is managed by the Association for agriculture, wildlife, and the recreational use
of all Members. Owners generally have open access to the
Common Easement Area for recreation and necessary utilities utility easements, and and access roads and to
home sites and Association
improvements.
Parcels within the Reserve may not be subdivided. and cCommercial buildings, detached garages, shops, barns,
livestock pens, and other such structures generally are not permitted in DRAs.
The master plats, maps, and surveys show the DRA for
each Parcel. Please make sure you know exactly where your DRA is located and
whether its home site location is acceptable to you before you purchase
property in the Reserve. Historically,
the Board has not approved any requests for significant relocation of DRAs, and
this policy is unlikely to change in the future.
The Association has a Design Review Committee
and has formally adopted and published "Design Review Guidelines" to
advise property owners of development criteria to protect the Reserve's
community goals, as outlined above. When this Committee reviews proposed home
and landscaping plans, it seeks to works closely with the Owners and considers, among other criteria,
individual site characteristics so that the improvements "shall not
dominate their surroundings, but rather shall be reasonably subservient to them
and harmonious with the land and its forms". You will find there are a number of useful design
suggestions in the in the Guidelines.
Your realtor or your attorney should provide you with a copy of these
Guidelines before you purchase property in the Reserve, and you should be sure
you and your team of
architects, builders, and landscapers understand the requirements for the
design and construction of your house.
Some of the important
design and building provisions include the following, which are also paraphrasedare summarized as follows:
§
All construction must be new construction and all
construction must be approved by the Design Rreview Committee.
Construction projects must and be
completed within
eighteen (18) months of the
date constructions commences.
Licensed architects must design all residences, and a careful, three-step review process with the Design Review Committee
must be followed.
§ All structures within the DRA must be single-family dwellings, or approved accessory structures that are directly related to residential use of the DRA.
§ There is a minimum square footage requirement of 1600 sq ft (1400 on the forest lots) and a maximum house print of 8000 sq ft.
§ No trailers, tents or old buildings may be moved on to Parcels. After construction, disturbed areas must be promptly restored to their previous condition, taking into account landscaping and weather conditions.
§ Roofs and walls must be muted brown or gray to blend with the natural colors of the Reserve’s landscape. All utility lines should be buried and exposed propane tanks must be screened. Outdoor lighting must be indirect. Fences (or walls) must be approved prior to construction.
§
Residences, and other
prominent structures, and antennas must conform to specific height limitations
that have been established for each Parcel, and generally, depending on the Parcel, may
not exceed twenty or twenty-five (20 or 25) feet above natural grade.
We strongly suggest you
carefully read the Design Review Guidelines and discuss your plans with your
architect and the Design Review Committee (DRC) before making any construction and landscaping decisions.
Additional Covenant Provisions Some additional Covenant provisions include the following, which are also paraphrased:
· Because of concerns about security and the need for community responsibility that is integral to the Reserve’s concept, the Association strongly discourages the leasing or rental of residences. Written permission from the Association is required prior to any lease or rental and may be denied if the Board determines that such leasing is inconsistent with the Covenants, places an additional management burden on the Association and its employees, or poses a threat to the safety and security of the residents and their property.
·
All cars, trucks,
trailers, boats, tractors, buses, snowmobiles other mobile devices or large TV
dishes must be garaged, enclosed or screened on the Owner’s DRA from the sight
of roads and other residents. There is presently currently no open place on the
Reserve to store home or recreational trailers or equipment.
·
No
snowmobiles, motorcycles, ATVs,
or any other motorized off-road vehicles may be operated for recreational
purposes within the PremisesReserve, and trail bikes must be confined to
established roadways and may not be operated on the Reserve’s trail system.
·
While
a portion of the Reserve is used by the Association for grazing cattle, no
animals, such as poultry, goats or any other animals, except household pets and
horses, are allowed to be kept by an Owner.
Pets need to be kept under control at all times so they are not a
nuisance to livestock or wildlife.
Horses may be kept only in designated areas (the fenced pastures around
the saddle barn) and must be able to live outside, as there are no facilities for
inside stabling. Horse owners pay a separate fee to cover feeding and maintaining
pastures and the barn facilities. We suggest that anyone planning to have
horses talk to the Barn Committee and review its policies. Your inquiries will
be welcome as will your participation.
·
No
hunting, trapping, or discharge of firearms is permitted.
We hope this brief Summary of some of the Covenants
and Guidelines for Eagle Rock Reserve is
helpful. The Reserve is a community
whose owners make a special commitment to follow common goals for the
preservation of the Reserve’s lands and property, promote its enjoyment by all
its Members and share in its management.
If you join the Reserve, we’ll’ll
look forward to welcoming you to a wonderful place!