This First Amendment is made by Willow Bend Homeowners Association, Inc., an Idaho nonprofit corporation, entity number W-44821 (the “Association”), pursuant to Article XV of the Declaration of Covenants, Conditions and Restrictions of Willow Bend recorded 14 June 2006 as Ada County Instrument No. 106221440 (the “Declaration”), with respect to Willow Bend Subdivision, Meridian, Ada County, Idaho, plat Instrument No. 104098765.
A. The Declaration currently addresses conveyance and encumbrance of Association Property under Section 6.05 N in terms that the Board and Members find insufficiently protective of the clubhouse, pool and spa, pickleball courts, bowling alley, playground, twelve-acre willow-corridor linear park, mail kiosks, and Association roads.
B. Owners holding not less than sixty-seven percent (67%) of the total voting power of the Association have approved this First Amendment in writing or at a duly noticed meeting, as certified by the Secretary below.
C. The Association desires to replace Section 6.05 N in its entirety to require the prior written consent of sixty-seven percent (67%) of all Owners before any conveyance, dedication, transfer, or encumbrance of Association Property.
1. Replacement of Section 6.05 N. Section 6.05 N of the Declaration is hereby deleted in its entirety and replaced with the following:
Section 6.05 N — Conveyance of Association Property. The Association shall not sell, convey, dedicate, transfer, mortgage, pledge, or otherwise encumber any Association Property, or any interest therein, without the prior written consent of sixty-seven percent (67%) of all Owners (computed on the basis of one vote per Lot, without regard to whether such Owners are present at a meeting). For purposes of this Section, “Association Property” includes without limitation the clubhouse, swimming pool and spa, pickleball courts, bowling alley, playground, mail kiosks, common-area irrigation, the twelve-acre willow-corridor linear park, and all Association roads, streets, sidewalks, and related common improvements. Consent may be evidenced by written ballot, signed consent, or vote at a meeting called in whole or in part for that purpose, provided that the total consents equal or exceed sixty-seven percent (67%) of all Lots. Ordinary grants of utility easements that do not materially impair Owners’ use of Association Property, and temporary licenses for maintenance or events, are not “conveyances” under this Section if approved by the Board in the ordinary course.
2. No Other Changes. Except as expressly amended hereby, the Declaration remains in full force and effect. Capitalized terms not defined in this First Amendment have the meanings given in the Declaration.
3. Effective Date. This First Amendment shall be effective upon recording in the official records of Ada County, Idaho.
The undersigned Secretary of Willow Bend Homeowners Association, Inc. certifies that Owners holding at least sixty-seven percent (67%) of the total voting power approved this First Amendment in accordance with Article XV of the Declaration.
Dated: 12 March 2011
WILLOW BEND HOMEOWNERS ASSOCIATION, INC.
By: _______________________________ Secretary
By: _______________________________ President
Recorded: 12 March 2011 · Ada County, Idaho