Post by debbieb on Dec 21, 2015 13:11:45 GMT
At the Dec 7th 2015 GLA Board Meeting, Director Kevin N. was asked to provide Governing Doc references supporting his contention that all Dwelling Units should be assessed within the GLA Community. The following is the document he submitted to the GLA Board of Directors in response to that request:
Assessment of Dwelling Units in GLA Governing Docs
Covenants: 11.03 Annual Community Assessment. Each Landowner shall pay an annual community assessment (the “annual assessment”) to the Association for the uses and purposes described above. The annual assessment covers the period from January 1 to December 31 of each year. Assessment shall be made by written notice to each Landowner of the property interest being assessed. The amount of the annual assessment may be increased or decreased from year to year, at the option of the Association, based upon the amount of work to be done and the estimated cost of the labor, equipment and materials involved. The initial amount of the annual assessment for the 1997 calendar year is $240 per parcel. The amount of the annual assessment beginning January 1, 1998 shall be as follows:
a. $120 land assessment for each parcel, plus an additional $120 for each undivided tenancy-in-common interest in excess of one per parcel; plus
b. $120 dwelling assessment for each dwelling unit located on each parcel or owned in association with each undivided tenancy-in-common interest in a parcel; or
c. $240 for land and dwelling combined assessment for each condominium unit; or
d. $120 land and dwelling combined assessment for each Golden Age Village lot (whether or not each lot has a dwelling unit located on it).
Note: The annual assessment beginning January 1, 2015 was $210.10 for land, $210.10 assessment for each dwelling unit located on each parcel, $420.20 for land and dwelling combined condominium assessment and $210.10 land and dwelling combined Golden Age Village lot assessment.
Definitions in GLA Governing Docs:
Covenants: 3.12 Dwelling Unit. A structure or portion of a structure, normally consisting of living area, bathroom and cooking facilities, designed for occupancy by a single family. The term includes a boarding house but not the individual living rooms within a boarding house that do not contain a bathroom and cooking facilities.
Note: The term “dwelling unit” is a very broad, general term used in assessments (see Covenants 11.03.b). It is the *only* term used for assessment of places where people live or dwell in the Gov Docs. Dwelling unit covers and includes any and all types of individual units that may be located on a parcel that have: a living area, bathroom and cooking facilities; ie. residence, single family residence, guest house, in-residence guest apartment, apartment, condominium unit, mobile home, manufactured home, basement apartment, upstairs apartment, granny flat, shelter home, dwelling unit within a garage, shop or other structure, travel trailer, etc.
Covenants: 3.02 Apartment. A building that contains two or more dwelling units for rent or lease, exclusive of any condominiums.
Covenants: 3.07 Condominium. A form of ownership with right of conveyance of a dwelling unit in a multiple-unit project with the land and all other parts of the project held in common ownership or use with the owners of all of the dwelling units, exclusive of any apartments.
Master Plan 6.0: Mobile Home – A factory-assembled structure or combination of structures: 1) built prior to June 15, 1976; 2) equipped with necessary service connections; 3) made to be readily movable as unit(s) and on their own running gear; 4) designed, used and installed as dwelling unit without a permanent foundation. All Mobile Homes constructed after June 15, 1976, are required to have a red HUD sticker on the structure (Park County Subdivision Reg., June 1993). A Modular, Manufactured or Factory-Built Building is not considered a Mobile Home when it is set on a permanent foundation that meets state requirements as real property.
Covenants: 3.24 Structure. Any construction, building, dwelling, tower, shed, basement or enclosure with a roof, whether above or below ground, including parts of and additions to such structures.
Master Plan 6.0: Guest House – A guest house is a separate structure owned by the Landowner intended for occasional guest use and not as a permanent residence, not to exceed 1,200 square feet.
Master Plan 6.0: Outbuilding – Any building less than five hundred (500) square feet that is not a dwelling.
Master Plan 6.0: Accessory Building – A structure larger than five hundred (500) square feet on the same Lot as the principal or main building devoted to a use for Cottage Industry, Light Manufacturing. Design standard for an Accessory Building must be comparable to the main structure.
Residential Housing Allowances and Density Limits per Parcel:
Master Plan 1.1, p. 7: Residential Housing
Maximum residential development for a subdivided parcel is limited to one (1) single family residence and one (1) Guest House or in-residence guest apartment per subdivided Tract or Lot. A guest house or guest apartment is only allowed on lots or tracts that are equal to or greater than the minimum lot size specified in the Residential Topographical Areas and Density Schedule (Section 3.5) and having a suitable dwelling site per the Project Review Committee.
Maximum residential development for an Original undivided Parcel is limited to one (1) single-family residence and one (1) additional single residence, both owned by the Landowner who owns the parcel. A formal subdivision, prepared and approved in accordance with the applicable regulations set forth by the Association Board, Park County and the Montana Department of Environmental Quality (DEQ) must be completed in order to further subdivide to limits shown in Residential Topographical Areas and
Density Schedule.
Master Plan 1.2, p. 7: Duplexes – Duplexes and other multi-family housing are not allowed in the Community.
Master Plan 1.3, p. 7: Mobile Homes – No further Mobile Homes (as defined in 6.0) are allowed in the Community as residential units outside of the Golden Age Village. Existing Mobile Homes are grandfathered.
Master Plan 1.4, p. 8: Manufactured Homes – Manufactured Homes must follow the Association’s Mobile/Manufactured Home Standards and must be placed on a permanent foundation. Other forms of Factory-Built homes such as Modular, Panelized, or Pre-cut Homes are allowed in the Community.
Master Plan 1.5, p. 8: Travel Trailers – Travel trailers are not allowed as residential units except during the construction of a primary residence and for no longer than eighteen (18) months. Recreational travel trailers may be stored on property but predominantly out of view.
Master Plan 6.0, p. 18: Guest House – A guest house is a separate structure owned by the Landowner intended for occasional guest use and not as a permanent residence, not to exceed 1,200 square feet.
Master Plan 9.04, p. 20: Mobile Home Parks and RV Parks – With the exception of the Golden Age Village and any adjacent expansion thereof not to exceed a total of 125 lots, mobile home parks and recreational vehicle parks shall not be allowed or approved.
Master Plan 9.05, p. 20: Condominium and Multi-Dwelling Projects – Condominium and other multi-dwelling projects, such as apartments, shall be consistent with the Master Plan. Approval will generally not be given for hard-to-reach areas with bad winter conditions or for large-scale projects, except where designated in the Master Plan. Design must be in character with the Community and in good taste.
Examples of Dwelling Unit Assessments:
Example 1 – House/Residence containing 1 dwelling unit: A parcel with a single dwelling unit located on the parcel; i.e. a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. Dwelling Unit Assessment: $210.10 (1)
Example 2 – A Boarding House: A parcel with a single dwelling unit located on the parcel; ie. A Boarding House containing a single dwelling unit (living area, 1 kitchen and bathroom(s) with multiple bedrooms or living rooms that do not individually contain a kitchen or bathroom). A Boarding House uses a shared kitchen for all residents of the Boarding House. Dwelling Unit Assessment: $210.10 (1)
Example 3 – House/Residence (1 dwelling unit) and a Guest House: A parcel with a single dwelling unit located on the parcel; ie: a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a 1200 sq ft or less Guest House (separate structure) for occasional guest use; not a permanent residence. Dwelling Unit Assessment: $420.20 (2)
Example 4 – House/Residence with in-residence Guest Apartment: A parcel with a single building or structure containing 2 distinct dwelling units within the same building, each having: living area, kitchen and bathroom(s)). The guest apartment is 1200 sq ft or less and is for occasional guest use; not as a permanent residence. Dwelling Unit Assessment: $420.20 (2)
Example 5 – House/Residence (1 dwelling unit) and a Shop or Garage: A parcel with a single dwelling unit located on the parcel; i.e.: a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a large 20’ x 36’ garage or shop containing no dwelling unit (doesn’t contain both cooking facilities and a bathroom) Dwelling Unit Assessment: $210.10 (1)
Example 6 – House/Residence (1 dwelling unit) and a Shop or Garage (with 1 dwelling unit): A subdivided parcel with a single residence located on the parcel containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a large 20’ x 36’ garage or shop also containing a dwelling unit (has cooking facilities and bathroom). Dwelling Unit Assessment: $420.20 (2)
NOTE: This subdivided parcel would not be allowed yet another Guest House structure/dwelling unit, as the dwelling unit within the shop or garage is considered to be their allowance for a Guest House on their parcel.
Example 7 – Building with 2 apartments: A parcel with a single building or structure containing 2 apartments for rent or lease, each apartment consisting of a dwelling unit: living area, kitchen and bathroom(s)). Dwelling Unit Assessment: $420.20 (2)
Example 8 – Shelter Homes: A parcel with emergency shelter(s) no longer used solely for emergency use. The shelter is now or has been used as one or more residences by the owner and/or renters and contains one or more individual dwelling units consisting of: living area, kitchen and bathroom(s)). Each dwelling unit is individually identified by a separate cooking facility (kitchen) and bathroom. Dwelling Unit Assessment: $210.10 * # of Dwelling Units
Example 9 (SG 32-A-2) – House/Residence with in-residence Guest Apartment and a Garage (with 1 dwelling unit): A subdivided parcel with a single building or house containing 2 distinct dwelling units within the same building, each having: living area, kitchen and bathroom(s)). The house is normally used as a residence by the owner 8-9 months of the year. The house is used as 2 apartments with potentially both dwelling units rented out 3-4 months of the year. The parcel also has a large 20’ x 36’ garage or shop also containing a dwelling unit (cooking facilities and bathroom) for occasional use when the house has both apartments rented out. Dwelling Unit Assessment: $630.30 (3)
NOTE: This subdivided parcel appears to have exceeded an allowance of 1 single family residence + 1 in-residence guest apartment (or guest house) per subdivided parcel 3.5 acres or larger. It has both a residence and an in-residence guest house as well as a 3rd dwelling unit in the garage (that could be considered a separate guest house for density allowance purpose). See Master Plan 1.1
Example 10 – 2 full-size Homes on an Original undivided parcel: An original undivided parcel has 2 homes that may be used as full-time residences, year round. Both homes are single-family residences; i.e. a single dwelling unit per home as identified by a single (1) kitchen in each home. Dwelling Unit Assessment: $420.20 (2)
NOTE: This original undivided parcel’s 2nd residence structure is not limited to either 1) a Guest House size of 1200 or less square feet or 2) occasional guest use only. However, even original, undivided parcels are limited to 2 dwelling units, as are subdivided parcels (Master Plan 1.1).
Assessment of Dwelling Units in GLA Governing Docs
Covenants: 11.03 Annual Community Assessment. Each Landowner shall pay an annual community assessment (the “annual assessment”) to the Association for the uses and purposes described above. The annual assessment covers the period from January 1 to December 31 of each year. Assessment shall be made by written notice to each Landowner of the property interest being assessed. The amount of the annual assessment may be increased or decreased from year to year, at the option of the Association, based upon the amount of work to be done and the estimated cost of the labor, equipment and materials involved. The initial amount of the annual assessment for the 1997 calendar year is $240 per parcel. The amount of the annual assessment beginning January 1, 1998 shall be as follows:
a. $120 land assessment for each parcel, plus an additional $120 for each undivided tenancy-in-common interest in excess of one per parcel; plus
b. $120 dwelling assessment for each dwelling unit located on each parcel or owned in association with each undivided tenancy-in-common interest in a parcel; or
c. $240 for land and dwelling combined assessment for each condominium unit; or
d. $120 land and dwelling combined assessment for each Golden Age Village lot (whether or not each lot has a dwelling unit located on it).
Note: The annual assessment beginning January 1, 2015 was $210.10 for land, $210.10 assessment for each dwelling unit located on each parcel, $420.20 for land and dwelling combined condominium assessment and $210.10 land and dwelling combined Golden Age Village lot assessment.
Definitions in GLA Governing Docs:
Covenants: 3.12 Dwelling Unit. A structure or portion of a structure, normally consisting of living area, bathroom and cooking facilities, designed for occupancy by a single family. The term includes a boarding house but not the individual living rooms within a boarding house that do not contain a bathroom and cooking facilities.
Note: The term “dwelling unit” is a very broad, general term used in assessments (see Covenants 11.03.b). It is the *only* term used for assessment of places where people live or dwell in the Gov Docs. Dwelling unit covers and includes any and all types of individual units that may be located on a parcel that have: a living area, bathroom and cooking facilities; ie. residence, single family residence, guest house, in-residence guest apartment, apartment, condominium unit, mobile home, manufactured home, basement apartment, upstairs apartment, granny flat, shelter home, dwelling unit within a garage, shop or other structure, travel trailer, etc.
Covenants: 3.02 Apartment. A building that contains two or more dwelling units for rent or lease, exclusive of any condominiums.
Covenants: 3.07 Condominium. A form of ownership with right of conveyance of a dwelling unit in a multiple-unit project with the land and all other parts of the project held in common ownership or use with the owners of all of the dwelling units, exclusive of any apartments.
Master Plan 6.0: Mobile Home – A factory-assembled structure or combination of structures: 1) built prior to June 15, 1976; 2) equipped with necessary service connections; 3) made to be readily movable as unit(s) and on their own running gear; 4) designed, used and installed as dwelling unit without a permanent foundation. All Mobile Homes constructed after June 15, 1976, are required to have a red HUD sticker on the structure (Park County Subdivision Reg., June 1993). A Modular, Manufactured or Factory-Built Building is not considered a Mobile Home when it is set on a permanent foundation that meets state requirements as real property.
Covenants: 3.24 Structure. Any construction, building, dwelling, tower, shed, basement or enclosure with a roof, whether above or below ground, including parts of and additions to such structures.
Master Plan 6.0: Guest House – A guest house is a separate structure owned by the Landowner intended for occasional guest use and not as a permanent residence, not to exceed 1,200 square feet.
Master Plan 6.0: Outbuilding – Any building less than five hundred (500) square feet that is not a dwelling.
Master Plan 6.0: Accessory Building – A structure larger than five hundred (500) square feet on the same Lot as the principal or main building devoted to a use for Cottage Industry, Light Manufacturing. Design standard for an Accessory Building must be comparable to the main structure.
Residential Housing Allowances and Density Limits per Parcel:
Master Plan 1.1, p. 7: Residential Housing
Maximum residential development for a subdivided parcel is limited to one (1) single family residence and one (1) Guest House or in-residence guest apartment per subdivided Tract or Lot. A guest house or guest apartment is only allowed on lots or tracts that are equal to or greater than the minimum lot size specified in the Residential Topographical Areas and Density Schedule (Section 3.5) and having a suitable dwelling site per the Project Review Committee.
Maximum residential development for an Original undivided Parcel is limited to one (1) single-family residence and one (1) additional single residence, both owned by the Landowner who owns the parcel. A formal subdivision, prepared and approved in accordance with the applicable regulations set forth by the Association Board, Park County and the Montana Department of Environmental Quality (DEQ) must be completed in order to further subdivide to limits shown in Residential Topographical Areas and
Density Schedule.
Master Plan 1.2, p. 7: Duplexes – Duplexes and other multi-family housing are not allowed in the Community.
Master Plan 1.3, p. 7: Mobile Homes – No further Mobile Homes (as defined in 6.0) are allowed in the Community as residential units outside of the Golden Age Village. Existing Mobile Homes are grandfathered.
Master Plan 1.4, p. 8: Manufactured Homes – Manufactured Homes must follow the Association’s Mobile/Manufactured Home Standards and must be placed on a permanent foundation. Other forms of Factory-Built homes such as Modular, Panelized, or Pre-cut Homes are allowed in the Community.
Master Plan 1.5, p. 8: Travel Trailers – Travel trailers are not allowed as residential units except during the construction of a primary residence and for no longer than eighteen (18) months. Recreational travel trailers may be stored on property but predominantly out of view.
Master Plan 6.0, p. 18: Guest House – A guest house is a separate structure owned by the Landowner intended for occasional guest use and not as a permanent residence, not to exceed 1,200 square feet.
Master Plan 9.04, p. 20: Mobile Home Parks and RV Parks – With the exception of the Golden Age Village and any adjacent expansion thereof not to exceed a total of 125 lots, mobile home parks and recreational vehicle parks shall not be allowed or approved.
Master Plan 9.05, p. 20: Condominium and Multi-Dwelling Projects – Condominium and other multi-dwelling projects, such as apartments, shall be consistent with the Master Plan. Approval will generally not be given for hard-to-reach areas with bad winter conditions or for large-scale projects, except where designated in the Master Plan. Design must be in character with the Community and in good taste.
Examples of Dwelling Unit Assessments:
Example 1 – House/Residence containing 1 dwelling unit: A parcel with a single dwelling unit located on the parcel; i.e. a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. Dwelling Unit Assessment: $210.10 (1)
Example 2 – A Boarding House: A parcel with a single dwelling unit located on the parcel; ie. A Boarding House containing a single dwelling unit (living area, 1 kitchen and bathroom(s) with multiple bedrooms or living rooms that do not individually contain a kitchen or bathroom). A Boarding House uses a shared kitchen for all residents of the Boarding House. Dwelling Unit Assessment: $210.10 (1)
Example 3 – House/Residence (1 dwelling unit) and a Guest House: A parcel with a single dwelling unit located on the parcel; ie: a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a 1200 sq ft or less Guest House (separate structure) for occasional guest use; not a permanent residence. Dwelling Unit Assessment: $420.20 (2)
Example 4 – House/Residence with in-residence Guest Apartment: A parcel with a single building or structure containing 2 distinct dwelling units within the same building, each having: living area, kitchen and bathroom(s)). The guest apartment is 1200 sq ft or less and is for occasional guest use; not as a permanent residence. Dwelling Unit Assessment: $420.20 (2)
Example 5 – House/Residence (1 dwelling unit) and a Shop or Garage: A parcel with a single dwelling unit located on the parcel; i.e.: a single house or residence containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a large 20’ x 36’ garage or shop containing no dwelling unit (doesn’t contain both cooking facilities and a bathroom) Dwelling Unit Assessment: $210.10 (1)
Example 6 – House/Residence (1 dwelling unit) and a Shop or Garage (with 1 dwelling unit): A subdivided parcel with a single residence located on the parcel containing a single dwelling unit (living area, 1 kitchen and bathroom(s)) that is used to house a single family. The parcel also has a large 20’ x 36’ garage or shop also containing a dwelling unit (has cooking facilities and bathroom). Dwelling Unit Assessment: $420.20 (2)
NOTE: This subdivided parcel would not be allowed yet another Guest House structure/dwelling unit, as the dwelling unit within the shop or garage is considered to be their allowance for a Guest House on their parcel.
Example 7 – Building with 2 apartments: A parcel with a single building or structure containing 2 apartments for rent or lease, each apartment consisting of a dwelling unit: living area, kitchen and bathroom(s)). Dwelling Unit Assessment: $420.20 (2)
Example 8 – Shelter Homes: A parcel with emergency shelter(s) no longer used solely for emergency use. The shelter is now or has been used as one or more residences by the owner and/or renters and contains one or more individual dwelling units consisting of: living area, kitchen and bathroom(s)). Each dwelling unit is individually identified by a separate cooking facility (kitchen) and bathroom. Dwelling Unit Assessment: $210.10 * # of Dwelling Units
Example 9 (SG 32-A-2) – House/Residence with in-residence Guest Apartment and a Garage (with 1 dwelling unit): A subdivided parcel with a single building or house containing 2 distinct dwelling units within the same building, each having: living area, kitchen and bathroom(s)). The house is normally used as a residence by the owner 8-9 months of the year. The house is used as 2 apartments with potentially both dwelling units rented out 3-4 months of the year. The parcel also has a large 20’ x 36’ garage or shop also containing a dwelling unit (cooking facilities and bathroom) for occasional use when the house has both apartments rented out. Dwelling Unit Assessment: $630.30 (3)
NOTE: This subdivided parcel appears to have exceeded an allowance of 1 single family residence + 1 in-residence guest apartment (or guest house) per subdivided parcel 3.5 acres or larger. It has both a residence and an in-residence guest house as well as a 3rd dwelling unit in the garage (that could be considered a separate guest house for density allowance purpose). See Master Plan 1.1
Example 10 – 2 full-size Homes on an Original undivided parcel: An original undivided parcel has 2 homes that may be used as full-time residences, year round. Both homes are single-family residences; i.e. a single dwelling unit per home as identified by a single (1) kitchen in each home. Dwelling Unit Assessment: $420.20 (2)
NOTE: This original undivided parcel’s 2nd residence structure is not limited to either 1) a Guest House size of 1200 or less square feet or 2) occasional guest use only. However, even original, undivided parcels are limited to 2 dwelling units, as are subdivided parcels (Master Plan 1.1).