TENANT RULES FOR FALLSBROOK
1. PAYMENT OF RENT AND LATE CHARGES - Monthly rent is due in advance on the first day of each calendar month. Rent may be paid by mail or in person at Frontier Property Group’s office. A late charge of $5.00 per day will be added to the rent on any rental account not paid in full by the 5th day of the month.
2. UNLAWFUL USE - Tenant shall not use the mobile home lot for any unlawful purpose or in any way that would infringe upon the rights or enjoyment of other residents. No excessive noises or obnoxious odors are permitted.
3. INSPECTIONS - Landlord has the right to enter the lot to examine its condition or to make repairs.
4. SKIRTING - Tenant shall properly skirt their home within sixty days of the date of placement of the home upon the rental lot and shall maintain such skirting. Skirting material must be approved by Landlord. Neither unfinished wood nor baled straw will be considered acceptable skirting material.
5. PETS - Pets are allowed so long as they are physically prevented from leaving the lot. Pets are NOT allowed which ever run at large, cause noise, odor, or other disturbances, or frighten neighbors, children, or passersby. Pets perceived by Landlord as dangerous are not permitted. Any activity which would require a kennel license is prohibited.
6. OUTDOOR STORAGE - Tenant shall conform with the county screening ordinance and the subdivision covenants by keeping any outdoor storage out of the front yard and behind a screening fence or inside a storage shed.
7. VEHICLE REPAIRS - Major vehicle repairs shall not be made upon the rental lot. Minor repairs which can be completed within two days are permitted. Oils and coolants must not be drained onto the lot or into the gutter.
8. PARKING - Vehicles cannot be kept on a lot unless regularly used and licensed. No wrecked vehicles, vehicles on jacks, race cars, tires, or car parts shall be kept on the lot. Tenants shall not park in front of neighboring homes. Landlord may limit the numbers of cars based upon the size and layout of any particular lot.
9. LOT CONDITION - Tenant shall keep lot clean, mowed, watered, and reasonably free of weeds and shall keep the sidewalk clear of snow. No clutter or garbage shall accumulate upon the lot. All improvements, including sheds, decks, porches, and steps, shall be properly constructed, painted, and maintained. If a lot is not properly maintained, it shall be the option of the landlord to either cause eviction or to maintain the lot and charge tenant for such service.
10. SUBLETTING - Tenant shall not sublet or rent out the lot or the home on the lot without express written permission from the landlord. Landlord may require additional conditions prior to permitting subletting.
11. ADDITIONS AND ALTERATIONS - Tenant shall not make any changes, alterations, or additions to the lot or construct any improvements upon the lot without permission from the landlord.
12. PERMITS - Tenant is responsible for obtaining a building permit from Bonneville County prior to placing the home upon the lot. It is the tenant's responsibility to have the home placed upon the lot in conformance to such building permit. It is also the tenant's responsibility to obtain plumbing, electrical, and any other permits required for placement of a home.
13. UTILITY CONNECTIONS - Tenant is responsible for connecting the home to the utility services. Water connections shall be properly made with adequate heat tape. Tenant is responsible for installing and maintaining outside hose connections. Landlord is not responsible for frozen or broken water lines nor for plugged or broken sewer lines.
14. UTILITY SERVICES - Tenant is responsible for payment of all utility charges except sewer. Sewer service, provided by Iona-Bonneville Sewer District, is included in the monthly lot rent.
15. SALE OF MOBILE HOME - Tenant is responsible to have any prospective purchaser of their mobile home approved by landlord prior to sale of the home if the home is to remain upon the lot after the sale. Such approval will be on the same basis as that for any other new tenant.
16. REQUIRED INFORMATION – Fallsbrook is owned and operated by Frontier Property Group, Ltd., an Idaho corporation. Any questions, information, applications, or rental payments should be directed to Frontier Property Group at 2033 1st St, Idaho Falls, Idaho 83401-4411. Office hours are 9:00 a.m. to 5:00 p.m. Monday through Thursday. The phone number is (208) 522-2525. The effective date of these tenant rules is April 1, 2008.
DECLARATION OF COVENANTS
MOBILE HOME ESTATES SUBDIVISION
Note: Each division of Mobile Home Estates Subdivision has protective and restrictive covenants recorded on it. The covenants reproduced here are the latest and indicate substantially what all of the various covenants include.
PART A. PREAMBLE
Whereas, it is deemed necessary and desirable for the protection of the undersigned and all future purchasers and owners of said lots that certain reasonable restrictions be placed upon the use of said lots in the addition aforesaid, by the undersigned and by all future purchasers, owners and occupants thereof, for a reasonable period of time.
Now therefore, in consideration of the premises and in further consideration of said lots, the undersigned owner, for itself, its heirs, executors, administrators and assigns, does hereby covenant and agree to and with each and all future purchasers and owners of each and all of the said lots in said Mobile Home Estates Subdivision, and their heirs, executors, administrators and assigns as follows:
PART B. AREA OF APPLICATION.
B 1. FULLY PROTECTED RESIDENTIAL AREA. The residential area covenants in Part C in their entirety shall apply to all of said lots in said Mobile Home Estates Subdivision.
PART C. RESIDENTIAL AREA COVENANTS.
C 1. LAND USE AND BUILDING TYPE. No lot shall be used except for residential purposes. No building shall be erected, altered, placed or permitted to remain on any lot other than one detached single family dwelling and a private garage for not more than two cars.
C 2. ARCHITECTURAL CONTROL. No building shall be erected, placed or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the Architectural Control Committee as to quality of workmanship and materials, harmony of exterior design with existing structures, and as to location with respect to topography and finish grade elevation. The topography or grade on any lot shall not be altered so drainage water will run on any other lot. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback line unless similarly approved. No materials of a temporary type or construction that will not be immediately painted, except where material is not designed for painting, will be considered by the Architectural Control Committee. Approval shall be as provided in part D.
C 2a. OIL AND MINING OPERATIONS. 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 oil derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any lot.
C 3. BUILDING LOCATION. (a) No building shall be located on any lot nearer than 15 feet to front lot line, or nearer than 15 feet to any side street line.
(b) No building shall be located nearer than 5 feet to an interior lot line, except that no side yard shall be required for a garage or other permitted accessory building located 30 feet or more from the minimum building setback line. No dwelling shall be located on any interior lot nearer than 10 feet to the rear lot line.
(c) For the purposes of this covenant, eaves, steps, and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building on a lot to encroach upon another lot.
C 4. EASEMENTS. Easements for installation and maintenance of utilities and drainage facilities are reserved as shown on the recorded plat and over the rear five feet of each lot. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of water through drainage channels in the easements. The easement area of each lot and all improvements for which a public authority or utility company is responsible.
C 5. NUISANCES. No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. This includes the burning of trash in incinerators or otherwise.
C 6. TEMPORARY STRUCTURES. No basement house, tent, shack, garage, barn or other outbuildings shall be used on any lot at any time as a residence either temporarily or permanently.
C 7. SIGNS. No sign of any kind shall be displayed to the public view on any lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.
C 8. LIVESTOCK AND POULTRY. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose.
C 9. GARBAGE AND REFUSE DISPOSAL. No lot shall be used or maintained as a dumping ground for rubbish. Trash, garbage or other waste shall not be kept except in sanitary containers. All containers or other equipment for the storage of or disposal of such material shall be kept in a clean and sanitary condition.
C 10. WATER SUPPLY. No individual water supply system shall be permitted on any lot.
C 11. SEWAGE DISPOSAL. No mobile home shall be permitted on any lot that does not have bathroom facilities hooked up to the sewer disposal provided, in accordance with the State Plumbing Code. Any additional bathroom facilities placed in any other building must be hooked up to the sanitary system in accordance with the State Plumbing Code.
C 12. PROTECTIVE SCREENING. Protective screening areas are established on [all subdivision borders]. Fences shall be maintained throughout the entire length of such areas by the owner or owners of the lots at their own expense to form an effective screen for the protection of the residential area.
C 13. SIGHT DISTANCE AT INTERSECTIONS. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot or alley pavement. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines.
C 14. MAIL BOXES. No mail box installation shall be placed or permitted to remain in any street, gutter, curb or sidewalk which is not permanently installed by means of a metal post or column placed in the hole provided in the sidewalk and which is not installed parallel with the sidewalk.
C 15. PARKING. The off street parking area and the driveway space shall not be used for purposes other than parking an operating, usable automobile or pickup. The parking of campers, boats, trailers, and any vehicles larger than a pickup truck must be provided on the lot behind the building setback line. In no case shall a lot be used for the storage and maintenance of heavy equipment.
C 16. APPEARANCE. No lot shall be neglected or permitted to fall into an unsightly, displeasing or unattractive state, or permitted to be overgrown with weeds or strewn with rubbish. All buildings which are placed upon such lots as appurtenances to mobile homes thereon shall be maintained in good repair with a pleasing appearance. In the event any lot is vacated, the owner thereof shall remove any and all buildings or structures which do not have walls on all four sides or a permanent foundation, and are maintained in good repair and good appearance. In the event any such buildings are left upon a lot so vacated for a period of three months following the vacation of such lot by the mobile home thereon, the architectural control committee shall have the power and shall be authorized in its discretion and at the request of any other owners in such area, to remove any such buildings and to take other action upon such premises which shall remove rubbish, garbage, overgrown weeds or such building structures without responsibility or liability to the owners thereof.
PART D. ARCHITECTURAL CONTROL COMMITTEE.
D 1. MEMBERSHIP. The architectural control committee is composed of Kelly D. Howell, Idaho Falls, Idaho; Judy H. Anderson, Idaho Falls, Idaho; and Dean L. Howell, Idaho Falls, Idaho. A majority of the committee may designate a representative to act for it. In the event of death or resignation of any member of the committee, the remaining members shall have full authority to designate a successor. Neither the members of the committee, nor its designated representative shall be entitles to any compensation for services performed pursuant to this covenant. At any time, the then owners of a majority of the lots shall have the power through a duly recorded written instrument to change the membership of the committee or to withdraw from the committee or restore to it any of its powers and duties.
DECLARATION OF COVENANTS
D 2. PROCEDURE. The committee's approval or disapproval as required in these covenants shall be in writing. In the event the committee, or its designated representative, fails to approve or disapprove within 30 days after plans and specifications have been submitted to it, or in any event, if no suit to enjoin the construction has been commenced prior to the completion thereof, approval will not be required and the related covenants shall be deemed to have been fully complied with.
PART E. GENERAL PROVISIONS
E 1. TERM. These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty five hears from the date these covenants are recorded, after which time said covenants shall be automatically extended for successive periods of ten years unless an instrument signed by a majority of the then owners of the lots has been recorded, agreeing to change said covenants in whole or in part.
E 2. ENFORCEMENT. Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant either to restrain violation or to recover damages.
E 3. SEVERABILITY. Invalidation of any one of these covenants by judgement or court order shall in no wise affect any of the other provisions which shall remain in full force and effect. Any past or future violation of these restrictions will not affect the validity or priority of the lien of any mortgage concerning any lot in this subdivision.
