C&C Community Rules

First Amended and Restated Community Rules

C & C Community, Inc

A Resident Owned Community

Owned and operated by: Centennial Trail Community, Inc.

Introduction

We wish to welcome you to our community. It is our desire to provide a pleasant, attractive, and affordable place for people to live. All communities need some form of regulations to accomplish this goal. The rules of this community are not intended to be unnecessarily restrictive but are meant to help provide you a safe and tranquil environment. The future value of your manufactured home rests, to a great degree, on our community’s appearance and its reputation in the community at large.

The Board of Directors

IMPORTANT NOTICE:

THE RULES SET FORTH BELOW GOVERN THE TERMS OF YOUR RENTAL AGREEMENT WITH THIS MANUFACTURED HOUSING COMMUNITY. THE MONTANA RESIDENTIAL MOBILE HOME LOT RENTAL ACT REQUIRES ALL RULES OF THIS COMMUNITY TO BE REASONABLE AND TO BE APPLIED UNIFORMLY. TENANTS MUST BE GIVEN WRITTEN NOTICE OF ALL RULES AT THE TIME A LEASE AGREEMENT IS SIGNED OR WHEN THE RULE IS ADOPTED. NEWLY ADOPTED RULES ARE NOT VALID UNTIL THIRTY (30) DAYS AFTER WRITTEN NOTICE IS GIVEN.


SUBJECT TO THE TERMS OF ANY WRITTEN LEASE AGREEMENT, YOU MAY CONTINUE TO STAY IN THIS COMMUNITY AS LONG AS YOU PAY YOUR RENT AND ANY OTHER LAWFUL CHARGES, FOLLOW THE RULES OF THE COMMUNITY AND APPLICABLE LOCAL, STATE AND FEDERAL LAW, DO NOT DAMAGE COMMUNITY PROPERTY, AND DO NOT REPEATEDLY BOTHER OTHER TENANTS IN THE COMMUNITY. YOUR LEASE AGREEMENT MAY BE TERMINATED FOR NONPAYMENT OF RENT, BUT ONLY IF YOU FAIL TO PAY ALL RENT DUE WITHIN 7 DAYS AFTER YOU RECEIVE WRITTEN NOTICE THAT YOU ARE BEHIND IN YOUR RENT.


YOUR LEASE AGREEMENT MAY ALSO BE TERMINATED FOR NOT FOLLOWING THE RULES OF THIS COMMUNITY, BUT ONLY IF THE RULES ARE REASONABLE AND APPLIED UNIFORMLY, YOU HAVE BEEN GIVEN WRITTEN NOTICE OF YOUR FAILURE TO FOLLOW THE RULES, AND YOU EITHER FAIL TO REMEDY THE VIOLATION OR CONTINUE TO VIOLATE THE RULE. YOU MAY NOT BE EVICTED FOR JOINING A TENANT ORGANIZATION.


IF YOUR LEASE AGREEMENT IS TERMINATED, THE COMMUNITY WILL GIVE YOU WRITTEN NOTICE THAT YOU HAVE 30 DAYS TO MOVEIF YOU DO NOT MOVE, AND THE COMMUNITY WISHES TO EVICT YOU, THE COMMUNITY MUST FILE A LAWSUIT AGAINST YOU IN COURT. IF THE COMMUNITY WINS, YOU RUN THE RISK OF PAYING THE COMMUNITY'S COURT COSTS AND ATTORNEY FEES.


YOU HAVE THE RIGHT TO SELL YOUR HOME IN PLACE TO ANYONE AS LONG AS THE BUYER AND HIS OR HER HOUSEHOLD MEET THE RULES OF THIS COMMUNITY. YOU MUST NOTIFY THE COMMUNITY IF YOU INTEND TO SELL YOUR HOME. FAILURE TO DO SO MAY MEAN THAT THE BUYER WILL BE REQUIRED TO MOVE THE HOME FROM THE COMMUNITY.


COPIES OF THE LAW UNDER WHICH THIS NOTICE IS REQUIRED MAY BE OBTAINED FROM THE MONTANA OFFICE OF CONSUMER PROTECTION at P.O. BOX 200151, HELENA, MT 59620 (OR ONLINE AT HTTPS:/ /DOJMT.GOV /CONSUMER).

I. GENERAL RESPONSIBILITIES

1) The Corporation is responsible for:


  • All underground utilities
  • Snowplowing of roads
  • Maintenance of roads and common areas
  • Trees
  • Utility Poles (applicable in some Communities)
  • Enforcing the Community Rules

2) The homeowner is responsible for:


  • Hooking up to utilities and maintaining connections
  • Upkeep of their lot
  • The care, maintenance and snow removal of their own walk-ways and driveways.
  • Obeying community rules
  • Payment of lot rent on time
  • Prominently displaying the street number on the front of the home for emergency location (911)
  • All state or local taxes on the home are the responsibility of the homeowner. You may not remove your home unless all taxes are paid and a copy of the permit from the local governing body allowing removal of the home is given to the ROC.

3) All homeowners are liable for damages, injury or loss incurred in their homes and on their lot. Homeowners are strongly urged to carry homeowner’s insurance.

4) All residents are prohibited from acting in any manner that disturbs the peace of the community or jeopardizes the health, safety and welfare of the community and/or its residents.

5) The flying or use of drones or other similar devices that may disturb neighbors or violate their privacy rights is strictly prohibited. This provision does not preclude the use of security cameras installed and used in compliance with Montana law.

6) Discharge of firearms, BB guns, archery equipment, paint ball guns, fireworks and any other dangerous weapon is strictly not allowed. This is a life safety issue!

II. OCCUPANCY

1)  All housing units are to be owner-occupied. No rentals or sub-leases are allowed, except as specified in the Corporation’s bylaws. In order to promote the safety of the homeowners and make a fair distribution of services, the maximum number of individuals allowed per home is two persons per bedroom.

2) All lot rents are due on the 1st day of the month. There is a thirty-five ($35.00) dollar late charge for rent received after the fifth (5th) day of each month. Cash is not acceptable for payment of rent. A returned check fee will be assessed $5.00 over the current bank fees per check. No re-deposits will be made. Non-Members will pay fifty ($50.00) dollars above the prevailing Member lot rent.

3) Any homeowner wishing to sell or remove their home is required to give a thirty (30) day written notice of intent to the Board of Directors. Failure to give notice can result in thirty (30) days additional lot rent. In either case, the homeowner is responsible for advising any potential buyers of the requirement of joining the Corporation as a condition of allowing the home to remain in the community.

4) Any homeowner wishing to sell or remove their home is required to give a thirty (30) day written notice of intent to the Board of Directors. Failure to give notice can result in thirty (30) days additional lot rent. In either case, the homeowner is responsible for advising any potential buyers of the requirement of joining the Corporation as a condition of allowing the home to remain in the community.

a) For a period of thirty (30) days following the delivery of the notice to the Board, if the Member receives more than one offer for the same price upon the same terms and conditions, and one of said offers is from a lower-income family or individual, the Corporation's preference is that the Member accept the offer from the lower-income family or individual.


A lower-income family or individual shall be defined as a family or individual whose total income does not exceed 80% of the median income in the county as determined by the U.S. Dept. of Housing and Urban Development and published in the Federal Register.

b) Any Member who notifies the Board of Directors of the intent to remove a home shall be assessed a fee equivalent to two (2) months lot rent. This will ensure that C & C Community, Inc. does not sustain a substantial loss of rent while advertising and attempting to fill the lot.

b) The property owner should not unreasonably withhold a requested signature on a Statement of Intent to Declare a Manufactured Home an Improvement to Real Property. If the Member or Non-Member Owner owes the Corporation money, or if the Member or Non-Member Owner is in breach of any other obligation to the Corporation, the Statement of Intent may be furnished "in escrow" to the closing or settlement agent until those fees are taken care of.

b) The property owner should not unreasonably withhold a requested signature on a Statement of Intent to Declare a Manufactured Home an Improvement to Real Property. If the Member or Non-Member Owner owes the Corporation money, or if the Member or Non-Member Owner is in breach of any other obligation to the Corporation, the Statement of Intent may be furnished "in escrow" to the closing or settlement agent until those fees are taken care of.

d) The following shall apply in all situations where Fannie Mae holds an Eligible Loan on a home in this Community:



Notwithstanding any other Bylaw provision, the purchaser of a Manufactured Home who acquired title at a foreclosure sale conducted by the holder of an “Eligible Loan” (as defined by [applicable state law), or directly from the holder of an Eligible Loan, shall be exempt from any “low income” requirement.


Notwithstanding rights of the Corporation under applicable state law or other law, any holder of an Eligible Loan which is actively pursuing the right to foreclose or which has acquired title to the Manufactured Home by purchase itself at a foreclosure sale or by deed in lieu of foreclosure, and which has paid or is paying the Corporation Rent and Other Charges owing by a Member under a Lease Agreement, shall not be required to advance more than six (6) months of Rent and Other Charges, and the Corporation’s lien rights, as to amounts owing to it by the Member under the Lease Agreement or otherwise, shall be subordinate to the rights of the holder of an Eligible Loan, and amounts owing to the Corporation shall only be paid out of the excess proceeds, if any, available after transfer of the Manufactured Home to a third party, and after all amounts outstanding under the Eligible Loan, including repayment of advances of monthly Rent and Other Charges, have been paid in full.

e) For sales of homes:

i.  The letter will contain the agent’s name, telephone number, and address; 

ii. The asking price and the names, telephone number and address of any party having signed a Purchase and Sales Agreement

iii. If the homeowner desires an inspection of the home as a contingency of the sale, it must be done in compliance with the Montana Trade Practices Act (Title 30, Chapter 14 of the Montana Code Annotated).

f) For removal of homes:

i.  All taxes assessed against the home, all lot rent, fees and assessments are to be paid in full. 

ii. In addition, a copy of the permit to remove is given to the Board of Directors prior to removal.

iii. The lot is to be cleaned of any trash, debris, and hazards, i.e. stairs falling apart, outbuildings in disrepair, broken glass.

g) For homes to be moved in:

i. The Board of Directors requires written approval of all new and used homes prior to delivery.

ii. The Board of Directors reserves the right to inspect and view any used home before moving into the community.

iii. If required by local, state or federal regulations, the age and condition of the home must first be approved by the regulating authority.

iv. All work must meet the minimum standards set by the Montana Trade Practices Act (Title 30, Chapter 14 of the Montana Code Annotated).

5) Only those in-home businesses that do not create additional traffic, noise, or odor to the community are allowed. No sale of merchandise, no employees, no in-home offices housing other than member and no more than one client/ customer at a time.

6) Septic systems are not to be used for disposal of grease, condoms, feminine napkins or tampons, children's toys, diaper wipes, non-bathroom tissue or biohazard material. As a ROC member, you are an owner of our systems and premature failure of the leach beds is a costly expense that could increase our rent. If the damages are found to be due to the homeowner's failure to follow this rule, the homeowner may be responsible for the entire cost of the repair.

7) It is the responsibility of the homeowner to provide for securing the home’s water lines from leakage, especially during the winter months. At this time, the standard method is by heat tape. You are required to inspect and plug them in each year in the fall. The Corporation reserves the right to shut off the water at any home where there is a leak until such time as a repair is made. If the damages to the Corporation’s property and/or infrastructure are found to be due to the homeowner’s failure to follow this rule, the homeowner may be responsible for the entire cost of the repair.

8) Notify the Board of Directors if there are any additions of occupants in your home that exceed 14 (fourteen) days. In all cases, the total number of occupants shall not exceed the Corporation’s established occupancy limits. The Board of Directors requires a Lease Agreement to be modified as needed. Each additional adult Occupant must adhere to the Corporation’s Additional Household Member Policy. Occupancy may NOT exceed limits set for the home-site (lot).

9) All homeowners are responsible for the actions of their guests, members of their household and their pets. Community Rules apply to all guests and invitees, as well as the homeowner household.

10) Adults, children, pets, and their guests are not to be on the lot or property of others, uninvited.

11) Children under the age of twelve (12) are prohibited from playing or loitering in the common area or streets without adult supervision.

12) Residents and guests will conduct themselves in a reasonable manner so as not to disturb others. Public drunkenness is strictly prohibited. This is a drug free Community. Use, sale or giving of illegal drugs to others in this community is prohibited and is cause for immediate eviction, with prosecution to the fullest extent of the law.

13) Two police calls to a home within a twelve (12) month period of time for disturbing the peace or other related issues is cause for eviction.

14) A moderate noise level from radios, electronic equipment, vehicles and parties is expected at all times. Quiet hours are from 8 PM to 8 AM.

15) A moderate noise level from radios, electronic equipment, vehicles and parties is expected at all times. Quiet hours are from 8 PM to 8 AM.

16) Residents must notify the Board of Directors if they will be absent from the home for more than seven (7) days.

17) Homeowner owns and is responsible for all repairs and maintenance of any aboveground fuel-storage tank (AST) on homeowner's lot. All ASTs shall be in compliance with the Aboveground Storage Tank rules as published by the Montana Department of Environmental Quality (MDEQ) and incorporated herein by reference as if fully set forth herein (Title 17, Chapter 57, Subchapter 1 of the Administrative Rules of Montana). Any tank not in compliance shall be brought into compliance. Any tank not brought into compliance with such standards within the time given in a written notice from the Corporation's Board of Directors may be replaced by the Corporation at the expense of the homeowner and such expenses may be collected and assessed in the same manner as rents under Mont. Code Ann. § 70-33-422 of the Montana Residential Mobile Home Lot Rental Act. Screening the tank from view is required and should be constructed according to rules set forth in Section III: Buildings and Structures, Number 5.

III. BUILDINGS AND STRUCTURES

1)  All homes need to be maintained in good condition, skirted, clean, neat, and properly painted in a manner in keeping with the general appearance of the community.

2) Accessory buildings, porches, decks and skirting are to be kept painted and in good repair so the appearance of the home and lot are attractive overall.

3) Concrete blocks are not acceptable as stairs. All outside doors must have stairs with hand railing on opening side and in accordance with the town's building code.

4) Only one utility building is allowed. Metal buildings are permitted. Any new structure is to comply to the following standards:

a) may not exceed 12' X 12'

b) roof is pitched

c) doors and windows stay in good repair and are able to be closed

5) All buildings, additions, porches, sheds, towers, children's play facilities, and decks are to have prior written approval by the Board of Directors, who must sign the Permit Request, and are to comply with the town building codes, and federal and state regulations. Homeowners are required to present a plan for any of the above structures, showing details of the structure and the location on the lot. A copy of the Town's building permit is to be given to the Board of Directors before work begins, which will be placed in the homeowner's file.

6) Kiddie pools and trampolines within a fenced-in area are the responsibility of the homeowner and homeowner's liability.

7) Commercial signs are not allowed.

IV. SITES

1)  Freestanding clotheslines are permitted. Stringing lines between trees and/or the home is not permitted.

2) Rubbish removal is the homeowner’s responsibility. Rubbish is to be kept in closed containers designed for that purpose and out of sight if possible.

3) Yards are to be kept neat and free of debris. Lawns are to be kept trimmed and mowed. If a lot is neglected, the Corporation reserves the right to have the lot cleaned and paid for at the owner’s expense.

4) Residents will be assessed a $20.00 fee for the repair of any broken irrigation spigot. Any resident found to be using city water for lawn irrigation or car washing will be assessed a $25.00 fee. Residents will be assessed a $25.00 fee for any failure to repair a water leak. Residents will be assessed a $50.00 fee if they neglect to shut off the water supply after a water line break and another resident, management or a contractor is required to do so.

5) Appliances, large containers, motors, auto body parts, tools, building supplies, chemicals, drums, tires, and other discarded items may not be left on lawns or around homes. No furniture of any kind except for lawn furniture may be kept outside the home.

6) Appliances, furniture, and large loads of trash are to be promptly taken to the landfill by residents. Any resident who fails to promptly take these items to the landfill will be assessed a $25.00 charge for the removal or disposal of any of these items.

7) Outside burning of leaves, rubbish, etc. is not permitted. Gas and charcoal grills are permitted but permanent fireplaces and barbecue pits are not permitted. This rule does not supersede any and all applicable fire codes.

8) Fences may be used for decorative purposes only and no higher than four (4) feet. No lot perimeter fences are allowed. The Board of Directors has final approval on fences.

9) Residents may not place locks on the gates to any yard without prior approval of the Board of Directors. Neighbors must be allowed to access their homes during repairs or emergency situations.

10) The use of the lot by the homeowner will not interfere with the Corporation's ability to perform any upkeep and maintenance of the community infrastructure. Ask before you dig or plant! Montana Call Before Your Dig 811 regulations apply.

10) Prior written approval by the Board of Directors for planting, trimming and replacement of all trees is required.

V. VEHICLES

1) Unregistered, un-inspected, and/or inoperable motor vehicles are not allowed in the community. No vehicle repair or fluid changing is to be performed in the community. Tire changes and minor actions such as adding windshield fluid are permitted.

2) All resident vehicles must be registered with the Board of Directors. Failure to register a vehicle may result in its removal from the community at the resident’s expense.

3) Parking spaces will be allocated to each home. There is no parking on lawns. Parking is allowed on the streets so long as it does not block emergency vehicles. However, resident and guest parking on the streets is strictly prohibited during snow removal season. For the purposes of this provision, snow removal season shall be considered November 1 through March 31.

4) Other than the households located on the two doublewide lots in the community, each household (lot) will be allowed only two (2) resident vehicles. Any other vehicle in excess thereof will be subject to a $25.00 per month storage charge. The households located on the two doublewide lots have paid for and shall be allowed three (3) resident vehicles.

5) Motorized trail bikes, skimobiles, go-carts, and all-terrain vehicles are not to be used in the community except to enter and exit.

6) There is to be no racing or inappropriate use of any vehicles in the community.

7) The speed limit is five (5) MPH.

8) Late night traffic (traffic after 10:00 p.m.) and unusually high traffic to homes will not be tolerated and will be considered a nuisance.

9) Overnight parking of vehicles with a gross vehicle weight (GVWR) of over 20,000 pounds in the community requires prior written consent of the Board of Directors.

VI. ANIMALS

While the members of this community understand that animals are personally pleasurable and important, not everyone likes the same pets. The following rules are intended to create a healthy environment for everyone.

1) Domestic pets are allowed in this community with restrictions. Proper immunization is an important responsibility of the homeowner. Placement of farm and wild animals on any Corporation property is not allowed.

a) The City of Billings Animal Ordinance will be followed.

2) No large breed dogs will be permitted in the community. Large breed dogs are generally defined as any dog breed that exceeds 50 pounds in weight and greater in height than 22 inches. Specific breeds that are prohibited under this provision include, but are not limited to, Doberman Pincher, Rottweiler, Chow, Pit Bull, German Shepherd, Akita, Husky, Malamute, Shar-pei, Wolf Hybrid, or any mix of these breeds. These specifically named breeds are prohibited even if the individual animal falls short of the height and weight restrictions set forth herein. Members who currently own large breed dogs as of the date these Rules are adopted shall be grandfathered in but will be under a “zero tolerance” agreement in the even there are future issues, meaning any issue that arises will result in removal of the dog from the community.

3) Permitted dogs will either be restricted to their lot, a fenced area, or walked on a leash. A barking dog may not be left outside for longer than ten minutes.

4) Cats must be kept inside of the home and are not permitted to roam free. They may be walked on a leash.

5) All solid wastes from pets are to be picked up by the owner immediately and disposed of in the proper manner.

6) Residents are precluded from burying any animal on the property. Dead animals shall be properly disposed of off-premises in compliance with Montana law.

7) Residents may apply for an exception to the "VI. Animal section of the Community Rules" by submitting a Request for A Reasonable Accommodation.

VII. REQUESTS FOR REASONABLE ACCOMODATIONS

Where the situation warrants, residents may apply for an exception to Community Rules by submitting a written Request for a Reasonable Accommodation to any member of the Board of Directors. The request for a Reasonable Accommodation will be heard by the Board of Directors at the next regularly scheduled board meeting. Any exception that is granted by the Board shall be subject to revocation at the sole discretion of the Board.

VIII. ATTORNEY’S FEES AND COSTS

In the event the Corporation is the prevailing party in any legal action commenced by the Corporation to collect past due rent, to evict for any reason, or for any other reason, the homeowner must pay all legal fees and costs incurred by the Corporation. These fees and costs will be paid by the homeowner, even if the eviction is terminated or cancelled by the Corporation. The legal fees would also include all such fees and costs incurred in connection with a Supreme Court Appeal filed by the homeowner. The legal fees and costs incurred by the Corporation shall be considered additional rent for the unit in question, and this additional rent shall be due and payable by the homeowner in accordance with these Community Rules. In the event a legal action is commenced against the Corporation by a homeowner and the Corporation prevails in said action or the action is withdrawn by the homeowner, the homeowner shall be required to reimburse the Corporation for attorney fees and costs incurred in defending such action. In no event shall the Corporation be responsible for paying the homeowner's legal fees unless directed by a Court. This is justified since the homeowner is a member of the Corporation and a partial owner of the Corporation. The term legal action shall include any civil action brought before the court of law and any action or claim brought before a Board, administrative agency or other such body.

IX. SEVERABILITY

Should any part of these rules be deemed illegal it does not mean that these entire rules are illegal.

X. LIABILITY AND INDEMNITY

The Corporation shall not be liable for debt or damage claimed for injury to persons, including homeowners and their guests or for property damage from any cause related to homeowner's occupancy of the lot or pets, guests, family members or invitees of the homeowner. The Corporation shall not be liable for any damages due or occasioned by or from plumbing, gas, water, steam or other pipes or sewage, or the bursting, leaking or running of any pipe, tank, washstand, water closet or waste pipe, in, above, upon or about said lot or community premises. Not for any damage arising from acts of neglect of coresident, or other occupants of the manufactured home community or of any homeowners, residents, occupants, owner of adjacent or contiguous lots and property. Homeowners shall pay for any expense, damage, or repair occasioned by the stopping of waste pipes or overflow of water, and from any and all damages not occasioned by reasonable wear and tear, caused by their improper use thereof. Homeowners hereby covenant and agree to indemnify the Corporation and save it harmless from all costs and expenses including attorney's fees, liability loss or other claims or losses. Nothing herein shall be deemed to release the Corporation from gross negligence. Except for gross negligence of Corporation, homeowners hereby release the Corporation from any responsibility for any injuries or damages occurring upon or in any way connected with, the premises or nearby streets. Also, the Corporation is not responsible for claims or damages that may be caused by the re-entering and taking of possession by the Corporation under conditions of these rules and regulations or the laws of the State of Montana.

The foregoing is a true and accurate account, attested by,________________

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