This Master Declaration is made this 14th day of June, 2006, by Westfield Homes, an Idaho corporation (“Declarant”), with respect to the real property commonly known as Willow Bend Subdivision, Meridian, Ada County, Idaho, as shown on the plat recorded June 2004 as Ada County Instrument No. 104098765, comprising approximately one hundred eighty-six (186) acres in four (4) phases and three hundred forty (340) residential lots (the “Property”).
Declarant hereby declares that the Property shall be held, sold, and conveyed subject to the following covenants, conditions, restrictions, and easements, which shall run with the land and be binding upon all parties having any right, title, or interest in the Property or any part thereof, their heirs, successors, and assigns, and which shall inure to the benefit of each Owner.
1.01 Association means Willow Bend Homeowners Association, Inc., an Idaho nonprofit corporation organized under the Idaho Nonprofit Corporation Act, entity number W-44821.
1.02 Association Property means all real and personal property owned or leased by the Association for the common use and enjoyment of the Owners, including without limitation the clubhouse, swimming pool and spa, two pickleball courts, bowling alley, playground, mail kiosks, common-area irrigation systems, the twelve-acre willow-corridor linear park, Association roads, streets, sidewalks, and related rights-of-way and landscaping within the Property.
1.03 Lot means any of the three hundred forty (340) residential lots shown on the Plat. Each Lot carries one (1) vote in the Association.
1.04 Owner means the record owner, whether one or more persons or entities, of fee simple title to a Lot, excluding those holding title merely as security for performance of an obligation.
1.05 Plat means the official plat of Willow Bend Subdivision recorded June 2004 as Ada County Instrument No. 104098765, as amended or supplemented by subsequent phase plats.
1.06 Architectural Control Committee or ACC means the committee established under Article XI.
1.07 Design Character means the community’s intended street-elevation aesthetic: shou sugi ban (charred cedar) or charcoal-stained wood cladding, steel or dark-finished metal windows, ornamental grasses and low-water plantings in front yards, and turf limited to rear yards except as the ACC may approve for limited accent areas.
The Property described on the Plat, including Phases 1 through 4 as annexed by Declarant, is and shall remain subject to this Declaration. Declarant reserves the right, prior to turnover of control, to annex additional land contiguous to the Property by recorded supplemental declaration, provided such land is developed consistently with the Design Character.
6.01 Membership. Every Owner of a Lot is a Member of the Association. Membership is appurtenant to and may not be separated from ownership of a Lot.
6.02 Board of Directors. The Association is governed by a Board of five (5) Directors, elected by the Members to staggered three-year terms. A quorum of the Board is three (3) Directors. The Board may adopt rules and regulations consistent with this Declaration and the Bylaws.
6.03 Nominations and Election Packet. Not less than thirty (30) days before the date on which ballots for election of Directors are mailed to the Members, the Board shall certify a written list of all nominees who are Members in good standing and who have timely submitted a nomination in the form prescribed by the Board. The certified nomination list shall be included in the election packet mailed to the Members. No person whose name does not appear on the certified list shall be placed on the ballot for that election, except as the Bylaws may provide for write-in votes if expressly authorized.
6.04 Association Property. The Association holds the amenities named in Section 1.02 for the use and enjoyment of Owners and their household guests, subject to rules adopted by the Board. Private Lots are the Owners’. Water features within the willow corridor, the willows themselves, and the roads inside the subdivision (except public rights-of-way dedicated to the City of Meridian or Ada County) are Association Property.
6.05 Construction on Association Property. Construction or demolition on Association Property involving a total expenditure in excess of Seventy-Five Thousand Dollars ($75,000.00), other than ordinary maintenance or repairs to existing improvements, requires the consent of fifty-one percent (51%) of the voting power of Members voting in person or by proxy at a meeting called for that purpose. The Association shall levy a special Assessment for the cost of such work unless funded from reserves previously collected for that purpose.
6.05 N Conveyance of Association Property. As amended by the First Amendment recorded 12 March 2011: the Association shall not convey, dedicate, transfer, or encumber Association Property without the prior written consent of sixty-seven percent (67%) of all Owners. This requirement applies to the clubhouse, pool and spa, pickleball courts, bowling alley, playground, willow-corridor linear park, mail kiosks, and Association roads and related common improvements.
10.01 Annual Budget. At least thirty (30) days before the beginning of each fiscal year, the Board shall estimate the Association’s common expenses for the year, including operating costs and contributions to replacement reserves for streets, the pool and spa, courts, bowling alley, playground, irrigation, mail kiosks, and the willow-corridor park.
10.02 Equal Assessment. A sum sufficient to cover the estimated common expenses shall be assessed equally against every Lot. Assessments are payable quarterly, or in such other installments as the Board may designate by written notice to Owners.
10.03 Special Assessments. In addition to annual assessments, the Board may levy special assessments for capital improvements or extraordinary expenses, subject to any Member-approval thresholds stated in this Declaration or the Bylaws.
10.04 Lien and Collection. Unpaid assessments, together with interest, costs, and reasonable attorney fees, shall be a continuing lien upon the Lot and the personal obligation of the Owner. The Association may enforce collection by any means available under Idaho law.
10.05 Amendment of This Article. Amendments to this Article X take effect only upon the written consent of seventy-five percent (75%) of the Owners.
11.01 Prior Approval Required. No building, fence, wall, exterior alteration, landscape plan, solar installation, or other structure shall be commenced, erected, or maintained upon a Lot, nor shall any exterior addition or change be made, until plans and specifications have been submitted to and approved in writing by the Architectural Control Committee.
11.02 Composition. The ACC shall consist of three (3) to five (5) persons appointed by the Board. Members need not be Directors. As of March 2025, the Board-appointed ACC members are Ortiz, Bridger, Cole, and Park.
11.03 Design Character — Street Elevations. Street-facing elevations shall maintain the Design Character: shou sugi ban (charred cedar) cladding or ACC-approved charcoal stain of equivalent visual depth; steel or dark-finished metal window frames; and a restrained palette consistent with published Design Guidelines. Vinyl siding, vinyl windows, and bright or high-chroma finishes are prohibited on street elevations.
11.04 Landscape Character. Front-yard plantings shall emphasize ornamental grasses, native or adapted shrubs, and low-water beds. Turf grass is limited to rear yards, except for limited ACC-approved accent strips not exceeding the area set forth in the Design Guidelines.
11.05 Deposits and Decisions. The Board may require a refundable ACC deposit with each submittal. The ACC shall act within the time periods set in the Design Guidelines and the ACC Notice and Appeal Procedure.
12.01 Residential Use. Lots shall be used for single-family residential purposes only, except as home occupations may be permitted by City ordinance and Association rules that do not generate undue traffic or exterior signage.
12.02 Design Character Preservation. Owners shall maintain exterior finishes, including shou sugi ban or charcoal-stained wood, steel windows, and approved plantings, in good condition. Replacement materials on street elevations shall match or exceed the Design Character and require ACC approval.
12.03 Fences and Screening. Fences shall comply with the Design Guidelines as to height, materials, and location. Chain-link and unfinished pressure-treated fencing visible from the street are prohibited.
12.04 Vehicles and Parking. No recreational vehicle, boat, trailer, or inoperable vehicle shall be parked on a Lot or street except as permitted by Association rules (typically within a garage or screened side/rear area).
12.05 Nuisance. No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done which may become an annoyance or nuisance to the neighborhood, including unreasonable noise during quiet hours established by rule.
12.06 Trash. Trash and recycling receptacles shall be stored out of street view except on collection day as designated by the Board.
12.07 Signs. No signs shall be displayed on a Lot except as permitted by Idaho law for political speech and as the Board may allow for temporary real-estate and security signs of modest size.
12.08 Animals. Common household pets may be kept, provided they are not kept for commercial purposes and do not create a nuisance. Pets shall be leashed on Association Property.
15.01 Enforcement. The Association, or any Owner, may enforce this Declaration by proceeding at law or in equity. Failure to enforce any provision shall not be deemed a waiver.
15.02 Severability. Invalidation of any provision shall not affect the remaining provisions, which shall continue in full force and effect.
15.03 Amendment. Except as otherwise provided herein, this Declaration may be amended by the affirmative vote or written consent of Owners holding not less than sixty-seven percent (67%) of the total voting power, and such amendment shall be recorded in Ada County.
15.04 Governing Law. This Declaration shall be governed by the laws of the State of Idaho.
IN WITNESS WHEREOF, Declarant has executed this Master Declaration as of the date first written above.
WESTFIELD HOMES
an Idaho corporation
By: _______________________________ Authorized Officer
Recorded: 14 June 2006 · Ada County Instrument No. 106221440