Bylaws
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BY-LAWS
Article I. Identification
Section 1: Name
Section 2: Registered Office and Registered Agent
Section 3: Seal
Article II. Definitions
Section 1: Association
Section 2: Properties
Section 3: Private recreation areas
Section 4: Lot
Section 5: Owner
Section 6: Declarant
Section 7: Declaration
Section 8: Member
Article III Meeting of Members
Section 1: Annual meetings
Section 2: Special meetings
Section 3: Notice of meetings
Section 4: Quorum
Section 5: Proxies
Article IV Board of Directors Selection and Term of Office
Section 1: Number
Section 2: Term of office
Section 3: Removal
Section 4: Compensation
Section 5: Action taken without a meeting
Article V Nomination and Election of Board of Directors
Section 1: Nomination
Section 2: Election
Article VI Meeting of Board of Directors
Section 1: Regular meetings
Section 2: Special meetings
Section 3: Quorum
Article VII Powers and Duties of the Board of Directors
Section 1: Powers (a) – (e)
Section 2: Duties (a) – (g)
Article VIII Officers and Their Duties
Section 1: Enumeration of offices
Section 2: Election of officers
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Section 3: Term
Section 4: Special appointments
Section 5: Resignation and removal
Section 6: Vacancies
Section 7: Multiples Offices
Section 8: Duties (a) – (d)
Article IX Committees
Article X Books and Records
Article XI Assessments
Article XII Amendments
Section 1: Amendments
Section 2: Conflicts with articles or declarations
Article XIII Indemnification of Board of Directors and Officers
Schedule A Owner’s Restrictive Covenants and Limitations
Schedule B Private Recreation Areas Owned by the Association and Rules Governing the Private
Recreation Areas
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BY-LAWS
OF
PARK VIEW ESTATES HOMEOWNERS ASSOCIATION
ARTICLE I
IDENTIFICATION
Section 1. Name.
The name of this corporation shall be PARK VIEW ESTATES HOMEOWNERS ASSOCIATION, INC.
Section 2. Registered Office and Registered Agent.
The Articles of Incorporation were registered with the State of Oklahoma on June 22, 1976.
ARTICLE II
DEFINITIONS
Section 1. "Association" shall mean and refer to Park View Estates Homeowners Association, Inc.,
its successors and assigns.
Section 2. "Properties" shall mean and refer to that certain real property described in the
Declaration of Covenants, Conditions and Restrictions, and such additions thereto as may hereafter be
brought within the jurisdiction of the Association. A list of the Owner’s Restrictive Covenants and
Limitations is attached as Schedule A, and made a part hereof by reference.
Section 3. "Private Recreation Areas" shall mean all real property owned (including improvements
hereto) by the Association for the common use and enjoyment of the Owners. The Private Recreation
Areas to be owned by the Association, and the rules governing those areas, at the time of the current
amendment of these Bylaws is described on the Attached Schedule B, and made a part hereof by
reference.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map
of the Properties with the exception of the Private Recreation Areas.
Section 5. "Owner" shall mean and refer to the record owner-stock member, whether one or more
persons or entities, of the fee simple title to any Lot which is a part of the Properties, including contract
sellers, but excluding those having such interest merely as security for the performance of an obligation.
Section 6. "Declarant" shall mean and refer to Jackie C. Rogers and Evelyn A. Rogers, their
successors and assigns if such successors or assigns should acquire more than one undeveloped Lot from
the Declarant for the purpose of development.
Section 7. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and
Restrictions applicable to the Properties recorded in the Office of the County Clerk, Payne County, State
of Oklahoma.
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Section 8. ''Member" shall mean and refer to those persons entitled to membership as provided in
the Declaration.
Every owner of a lot which is subject to assessment shall be a stock member of the Association. Stock
membership shall be appurtenant to and may not be separated from ownership of any Lot which is
subject to assessment. The Association shall have three classes of voting stock membership:
Class A. Class A stock members shall be all those Owners of single-family residential lots
and shall be entitled to one vote for each Lot owned. When more than one person holds any interest in
any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they among
themselves determine, but in no event shall more than one vote be cast with respect to any Lot.
Class B. The Class B members shall be all those Owners of two-family residential Lots
upon which is erected a two-family residential structure containing two living units, and shall be entitled
to one vote per each living unit. When more than one person holds such interest in any Lot, all such
persons shall be members. The vote for such Lot shall be exercised as they among themselves
determine, but in no event shall more than one vote per living unit be cast with respect to any Lot.
ARTICLE III
MEETING OF MEMBERS
Section 1. Annual Meetings.
The first annual meeting of the stock members shall be held within one year from the date of
incorporation of the Association, and each subsequent regular annual meeting of the stock members
shall be held on a date and at a time chosen by the Board of Directors.
Section 2. Special Meetings.
Upon the written request of the members who are entitled to vote, one-fourth (1/4) of all the votes of
the Class A and Class B Membership.
Section 3. Notice of Meetings.
Notice of each meeting of the members shall be given by, or at the direction of, the secretary or person
authorized to call the meeting, at least 15 days before such meeting to each member entitled to vote
thereat. Notice can be made by electronic mail if member has provided an email address to the
Association. If no email address has been provided, notice shall be via regular mail addressed to the
member's address last appearing on the books of the Association. Such notice shall specify the place,
day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting.
Section 4. Quorum.
The presence at the meeting of a member entitled to cast, or of proxies entitled to cast, one-tenth
(1/10) of the votes of each class of membership shall constitute a quorum for any action except as
otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws . If, however, such
quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall
have power to adjourn the meeting from time to time, without notice other than announcement at the
meeting, until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies.
For any ballot or election presented at any meeting of members, each member may vote in person, by
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electronic means, or by proxy. All proxies shall be in writing and filed with the secretary. Proxies can only
be passed to another current member of the Association. Every proxy shall be revocable and shall
automatically cease upon conveyance by the member of his Lot.
ARTICLE IV
BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE
Section 1. Number.
The affairs of this Association shall be managed by a Board of nine (9) directors, who need not be
members of the Association.
Section 2. Term of Office.
At the first annual meeting, the members shall elect three directors for a term of one year, three
directors for a term of two years and three directors for a term of three years; and at each annual
meeting thereafter, the members shall elect three directors for a term of three years.
Section 3. Removal.
Any director may be removed from the Board, with or without cause, by a majority vote of the members
of the Association. In the event of death, resignation or removal of a director, his successor shall be
selected by the remaining members of the Board and shall serve for the unexpired term of his
predecessor.
Section 4. Compensation.
No director shall receive compensation for any service he may render to the Association; however, any
director may be reimbursed for his actual expenses incurred in the performance of his duties.
Section 5. Action Taken Without a Meeting.
The Board of Directors shall have the right to take any action in the absence of a meeting which they
could take at a meeting by obtaining the written approval of all the directors. Any action so approved
shall have the same effect as though taken at a meeting of the Board of Directors.
ARTICLE V
NOMINATION AND ELECTION OF BOARD OF DIRECTORS
Section 1. Nomination.
Nomination for election to the Board of Directors shall be made by a Nominating Committee.
Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall
consist of a Chairman, who shall be a member of the Board of Directors, and two or more members of
the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each
annual meeting of the members, to serve from the close of such annual meeting until the close of the
next annual meeting and such appointment shall be announced at each annual meeting. The
Nominating Committee shall make as many nominations for election to the Board of Directors as it shall
in its discretion determine, but not less than the number of vacancies that are to be filled. Such
nominations may be made from among members or non-members.
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Section 2. Election.
Election of the Board of Directors shall be by written or electronic ballot. At such election, the members
or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise
under the provisions of the Declaration. The persons receiving the largest number of votes shall be
elected. Cumulative voting is not permitted.
ARTICLE VI
MEETINGS OF DIRECTORS
Section 1. Regular Meetings.
Regular meetings of the Board of Directors shall be held monthly, at such place and hour as may be
determined by the Board.
Section 2. Special Meetings.
Special meetings of the Board of Directors shall be held when called by the president of the Association,
or by any two directors, after not less than three (3) days' notice to each director.
Section 3. Quorum.
A majority of the number of directors shall constitute a quorum for the transaction of business. Every
act or decision done or made by majority of the directors present at a duly held meeting at which a
quorum is present shall be regarded as the act of the Board.
ARTICLE VII
POWERS AND DUTIES OF THE BOARD OF DIRECTORS
Section 1. Powers.
The Board of Directors shall have power to:
a) Adopt and publish rules and regulations governing the use of the Private Recreation Areas
and facilities, and the personal conduct of the members and their guests thereon, and to
establish penalties for the infraction thereof;
b) Suspend the voting rights and right to use of the recreational facilities of a member during
any period in which such member shall be in default in the payment of any assessment
levied by the Association. Such rights may also be suspended after notice and hearing, for a
period not to exceed 60 days for infraction of published rules and regulations;
c) Exercise for the Association all powers, duties and authority vested in or delegated to this
Association and not reserved to the membership by other provisions of these By-Laws, the
Articles of Incorporation, or the Declaration;
d) Declare the office of a member of the Board of Directors to be vacant in the event such
member shall be absent from three (3)consecutive regular meetings of the Board of
Directors; and
e) Employ a manager, an independent contractor, or such other employees as they deem
necessary, and to prescribe their duties.
Section 2. Duties.
It shall be the duty of the Board of Directors to:
a) Cause to be kept a complete record of all of its acts and corporate affairs and to present a
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statement thereof to the members at the annual meeting of the members, or at any special
meeting when such statement is requested in writing by one-fourth (1/4) of the Class A and
Class B members who are entitled to vote;
b) Supervise all officers, agents and employees of this Association and to see that their duties
are properly performed;
c) As more fully provided in the Declaration, to:
1. Fix the amount of the annual assessment against each Lot at least thirty (30)days in
advance of each annual assessment period;
2. Send written notice of each assessment to every Owner subject thereto at least
thirty (30)days in advance of each annual assessment period; and
3. Foreclose the lien against any property for which assessments are not paid within
thirty (30) days after due date or to bring an action at law against the owner
personally obligated to pay the same.
d) Issue, or to cause an appropriate officer to issue, upon demand by any person, a certificate
setting forth whether or not any assessment has been paid. A reasonable charge may be
made by the Board for the issuance of these certificates. If a certificate states an assessment
has been paid, such certificate shall be conclusive evidence of such payment;
e) Procure and maintain adequate liability and hazard insurance on · property owned by the
Association;
f) Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem
appropriate;
g) Cause the Private Recreation Areas to be maintained.
ARTICLE VIII
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Offices.
The officers of this Association shall be a president, , a vice-president, a secretary, and a treasurer, who
shall at all times be members of the Board of Directors. The Board of Directors may elect other officers
as needed. If other officers are not directors, those officers will not gain voting rights by election to
office. Such officers may include, but are not limited to, Historian, Event Coordinator, Social Media
Officer, and Neighborhood Watch Chair.
Section 2. Election of Officers.
The election of officers shall take place at the first meeting of the Board of Directors following each
annual meeting of the members.
Section 3. Term.
The officers of this Association shall be elected annually by the Board and each shall hold office for one
(1) year unless he shall sooner resign, or shall be removed, or otherwise disqualified to serve.
Section 4. Special Appointments.
The Board may elect such other officers as the affairs of the Association may require, each of whom
shall hold office for such period, have such authority, and perform such duties as the Board may, from
time to time, determine.
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Section 5. Resignation and Removal.
Any officer may be removed from office by a majority vote of the Board of Directors. Any officer may
resign at any time giving written notice to the Board, the president or the secretary. Such resignation
shall take effect on the date of receipt of such notice or at any later time specified therein, the
acceptance of such resignation shall not be necessary to make it effective.
Section 6. Vacancies.
A vacancy in any office may be filled by appointment by the Board. The officer appointed to such
vacancy shall serve for the remainder of the term of the office he replaces.
Section 7. Multiple Offices.
No person shall simultaneously hold more than one of any of the other offices except in the case of
special offices created pursuant to Section 4 of this Article.
Section 8. Duties.
The duties of the officers are as follows:
President
a) The president shall preside at all meetings of the Board of Directors; shall see that orders
and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and
other written instruments.
Vice-President
b) The vice-president shall act in the place and stead of the president in the event of his
absence, inability or refusal to act, and shall exercise and discharge such other duties as may
be required of him by the Board.
Secretary
c) The secretary shall record the votes and keep the minutes of all meetings and proceedings
of the Board and of the members; serve notice of meeting of the Board and of the
members; keep appropriate current records showing the members of the Association
together with their addresses, and shall perform such other duties as required by the Board.
Treasurer
d) The treasurer shall receive and deposit in appropriate bank accounts all moneys of the
Association and shall disburse such funds as directed by resolution of the Board of Directors;
shall sign all checks and promissory notes of the Association; keep proper books of account;
cause an annual audit of the Association books to be made by a public accountant at the
completion of each fiscal year; shall prepare an annual budget and a statement of in- come
and expenditures to be presented to the membership at its regular annual meeting, and
deliver a copy of each to the members; and shall make all financial statements available for
review by the Board of Directors upon request.
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ARTICLE IX
COMMITTEES
The Board of Directors shall appoint committees as deemed appropriate in carrying out its purpose. A
Board Member shall be a member of each committee, but it is not required that the chair of a
Committee be a Board Member.
ARTICLE X
BOOKS AND RECORDS
The books, records and papers of the Association, to include the Declaration, the Articles of
Incorporation and the By-Laws of the Association, shall be available for inspection by any member upon
written request to the Board of Directors.
ARTICLE XI
ASSESSMENTS
As more fully provided in the Declaration, each member is obligated to pay to the Association annual
and special assessments which are secured by a continuing lien upon the property against which the
assessment is made. Any assessments which are not paid when due shall be delinquent.
If the assessment is not paid within thirty (30)days after the due date, the assessment shall bear interest
from the date of delinquency at the rate of six percent (6%) per annum, and the Board of Directors may
bring an action at law against the owner personally obligated to pay the same or foreclose the lien
against the property, and interest, costs, and reasonable attorney's fees of any such action shall be
added to the amount of such assessments provided for herein by nonuse of Private Recreation Areas or
abandonment of his Lot.
ARTICLE XII
AMENDMENTS
Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a
vote of a majority of a quorum of members in person, by electronic means, or by proxy.
Section 2. In case of any conflict between the Articles of Incorporation and these By-Laws, the
Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the
Declaration shall control.
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ARTICLE XIII
INDEMNIFICATION OF BOARD OF DIRECTORS AND OFFICERS
Every person who now is or hereafter shall be a director or officer of the Association shall be
indemnified by the Association against all costs and expenses (including counsel fees) actually and
necessarily incurred by or imposed upon him in connection with or resulting from any action, suit, or
proceeding of whatever nature to which he is or shall be ·made a party by reason of his being or having
been a director or officer of the Association (whether or not he is a director or officer of the Association
at the time he is made a party to such action, suit, or proceeding, or at the time such costs or expenses
are incurred by or imposed upon him), except in relation to matters as to which he shall be adjudged in
such action, suit, or proceeding to be liable for negligence or misconduct in the performance of his
duties as such director or officer; provided , however, that in the case of an action, suit, or proceeding
which is settled or compromised, such right of indemnification shall be applicable only if such
settlement or compromise is approved by the Court having jurisdiction of such action, suit, or
proceeding , and (b) to the extent provided in the terms of such compromise or settlement so approved.
Every such person shall be entitled, without demand by him upon the Association of any action by the
Association, to enforce his right to such indemnity in an action at law against the Association.
The right of indemnification hereinabove provided shall not be deemed exclusive of any other rights to
which any such person may now or hereafter be otherwise entitled and specifically, without limiting the
generality of the foregoing , shall not be deemed exclusive of any other rights, pursuant to statute or
otherwise, of any such person in any such action, suit, or proceeding to have assessed or allowed in his
favor, against the Association or otherwise, his costs and expenses incurred therein or in connection
therewith or any part thereof.
CERTIFICATION
I, the undersigned, do hereby certify:
THAT I am the duly elected and acting Secretary of PARK VIEW ESTATES HOMEOWNERS ASSOCIATION,
INC., an Oklahoma Corporation, and THAT the foregoing By-Laws constitute the amended By-Laws of
said Association, as duly adopted at a meeting of the Board of, Directors thereof, held on
the________________day of___________, 2016.
IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed the seal of said Association this
________________day of___________, 2016.
SECRETARY
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SCHEDULE A
OWNER’S RESTRICTIVE COVENANTS AND LIMITATIONS
FOR SECTION 2, PARK VIEW ESTATES,
AN ADDITION TO THE CITY OF STILLWATER, OKLAHOMA
KNOW ALL MEN BY THESE PRESENT:
That the undersigned, Jackie C. Rogers and Evelyn A. Rogers, husband and wife, being the only person or
persons having any right, title or interest except outstanding mineral interests of record in and to
SECTION 2, PARK VIEW ESTATES, an Addition to the City of Stillwater, Oklahoma, and being situated in
the NE/4 of Section 35, Township 20 North, Range 2 East of the Indian Meridian, Payne County
Oklahoma, according to the plat thereof, recorded on the 23rd day of April, 1974, in Volume 202 Misc.
Records, page 351, in the Office of the County Clerk of Payne County, Oklahoma, for the purpose of
providing an orderly development and of providing adequate restrictive covenants for the mutual
benefit of themselves and their successors in title to SECTION 2, PARK VIEW ESTATES, hereby impose the
following restrictions and limitations to which it shall be incumbent upon their successors to adhere, and
any person or persons, corporation or corporations, partnership or partnerships hereafter becoming the
owner or owners, either directly or through any subsequent transfers or in any manner whatsoever of
any lots included in SECTION 2, PARK VIE\i ESTATES, shall take, hold and convey same, subject to the
following restrictions and limitations, to-wit:
1. Building plan approval
No building shall be erected, placed, or altered on any lot in this subdivision until the building plans,
specifications, and plot plan showing the location of such building have been approved in writing as to
conformity and harmony of external design with existing structures in the subdivision; and as to location
of the building with respect to topography and finished grade elevations and to property and building
set-back lines; and by a committee composed of JACKIE C. ROGERS, EVELYN A. ROGERS and GARY F.
ROGERS, or their authorized representatives, designated by a majority of the members of said
committee. In the event of the death, resignation, or unavailability of any member or members of said
committee, the remaining member or members shall have full authority to designate a successor. If the
aforesaid committee or their designated or authorized representatives fail to approve or disapprove
such design or location within 30 days after plans have been submitted to it, or if no suit to enjoin the
erection of such building or the making of such alteration has been commenced prior to the completion
thereof, such approval will not be required, and this covenant shall be deemed to have been fully
complied with. Neither the members of such committee, nor its designed representatives, shall be
entitled to any compensation for services performed pursuant to this covenant.
2. Commercial.
All of Block 13 of said subdivision shall be known and designated as commercial property and maybe
developed for commercial purposes.
3. Multiple-Family Residential.
All of Block 12 of said subdivision shall be known and designated as multiple-family residential property
and may be developed for apartments, townhouses or condominiums, duplexes and single-family
dwellings.
4. Single-Family
All other lots and blocks of said subdivision shall be known and designated as single-family residential
building plots.
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5. Lot size adjustments
None of these lots in this Addition shall be subdivided or reduced in size in excess of 4 feet from the
dimension as shown on the official plat of said Addition. The purpose of this covenant is to allow and
permit minor adjustments between adjacent property Owners, but nothing in this covenant shall
prevent an owner from building one dwelling house on two (2) or more lots, or prevent owners of lots
from dividing a single lot in half and annexing it to the lot adjoining on each side for the purpose of
construction on the adjoining lots a dwelling house, but no more than one dwelling house shall be
permitted on any lot so divided and annexed to any adjoining lot.
6. Structural Veneer and Lot coverage
No main residential building shall ever be erected, placed or constructed on any single-family residential
building plot in this Subdivision unless at least 70% of the exterior walls thereof be of brick, brick-veneer,
stone or stone-veneer, unless said 70% requirement is specifically waived in writing by the building
committee referred to in paragraph 1 hereinabove, provided, however, that all windows or doors
located in said exterior walls and further provided that where a gable-type roof is constructed, and part
of the exterior wall is extended above the interior room ceiling line due to the construction of such
gable-type roof, then that portion of such wall extending above the interior room ceiling height may be
constructed of wood material, or other suitable exterior wall material and also likewise excluded from
the square foot area in determining what constitutes 100% of the exterior walls of said main residential
building.
7. Building Setbacks and easements
No building shall be located on any residential building lot nearer than the 25 foot minimum set-back
line as shown on the plat, nor further than 35 feet from the front lot line, nor nearer than 25 feet to the
rear lot line; and no building shall be located on any building lot nearer than 15 feet to any side street
line, nor nearer than 7 feet to any interior lot line. The sum of the side yards on any residential building
plot shall be a minimum of 14 feet, and in no instance shall the distance between buildings be less than
14 feet.
For the purpose 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.
No detached garage shall be permitted in the easements reserved for utilities.
If one structure is placed on two (2) lots, then only the distance from the outside boundary lines apply.
8. Fences, Carports, Temporary dwelling, and Vehicles
No fence, carport, or enclosure of any type or nature whatsoever shall ever be constructed, erected,
placed, or maintained forward of the front building limit line or set-back line on each lot as same is
shown on the recorded plat of SECTION 2, PARK VIEW ESTATES: provided, however, that it is not the
intention of this paragraph to exclude the use of evergreens or other shrubbery to landscape front
yards. Moreover, no automobile, truck, trailer, tent, or temporary structure of any nature whatsoever
shall ever be temporarily or permanently parked, located, or otherwise maintained forward of the front
building limit or set-back line on each lot as same is shown on the recorded plat of SECTION 2, PARK.
VIEW ESTATES; provided, however, that it is not the intention of this paragraph to exclude the
temporary parking of passenger automobiles on any portion of the garage driveway that is located in
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front of such front building limit or set-back line on each lot.
9. Temporary dwellings
No trailer, easement, tent, shack, garage, barn, vehicle, out-building, or other structure of a temporary
character shall be used on any lot at any time as a residence, either temporarily or permanently.
10. Transplanted structures and building materials
No existing structure shall be moved on to any lot in this Addition and all construction shall be of new
material except that it may be permissible to utilize used brick for architectural effects and used
material on the interior where it is used strictly for decorative purposes or to carry out architectural
effects, it being the intention of this covenants to definitely prohibit the moving onto or placing of
existing residential structures on any of the lots in SECTION 2, PARK VIEW ESTATES.
11. Structural size restrictions
The total area of a one-story home, exclusive of garages, carports, porches, and basements, shall be not
less than 1700 square feet, unless the 1700 square feet minimum is specifically waived in writing by the
building committee as mentioned in paragraph 1 hereinabove, but in no event shall the square foot
minimum be less than 1600 square feet; the combined area of all levels of a split level home, exclusive
of garages, carports, porches, and basements, shall be not less than 1700 square feet; the area of the
ground floor of a two-story or two and one-half story home, exclusive of garages, carports, porches, and
basements, shall be not less than 1200 square feet; and the total area of a two family duplex, exclusive
of garage~ carports, porches and basements, shall not be less than 1200 square feet.
12. Offensive trades, activities, nuisances
No noxious or offensive trade or activity shall be carried on upon any lot in SECTION 2, PARK VIEW
ESTATES, nor shall anything be done thereon which may be or become an annoyance or nuisance to the
neighborhood.
13. Commercial activities
No professional office, church, business, trade or commercial activities of any sort may ever be
conducted on any residential building plot in SECTION 2, PARK VIEW ESTATES.
14. Animals and livestock
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 purposes.
15. Junk vehicles, lot maintenance, and material storage
No building material of any kind or character shall be placed or stored upon the property until the
owner is ready to commence improvements and then such material shall be placed within the property
lines of the lot upon which the improvements are to be erected.
No machinery or vehicles of any kind that are in a “junk” state, unless garaged, and no nuisance or
annoyance to the neighborhood shall be permitted on any lot.
All property must be kept free from undesirable weeds, brush, and high grass and trash and rubbish
shall not be permitted to accumulate upon any lot. No person shall cause incineration of trash, garbage
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or other wastes and the same shall not be permitted in the Addition. Each resident shall provide a trash
or garbage container, the same to be of wood or metal construction and to contain a removable can
with lid. All areas within such garbage or trash cans are to be stored must be enclosed and such plans
and specifications must be approved by the Committee as composed and defined in paragraph 1
hereinabove.
16. Greenbelt maintenance
Jackie C. Rogers and Evelyn A. Rogers, their successors and assigns, will maintain the private recreation
area designated in the plat of SECTION 2, PARK VIEW ESTATES until such time as the PARK VIEW
ESTATES HOMEOWNERS ASSOCIATION, or a similar corporation or trust comes into existence, and then
said association, corporation or trust will maintain the private recreation areas.
17. Power of Incorporation
At any time on or before August 14, 1976, Jackie C. Rogers and Evelyn A. Rogers may form a corporation,
an unincorporated association or trust to be known as PARK VIEW ESTATES HOMEOWNERS
ASSOCIATION, or similar name, as provided in paragraph 16 in those certain Owners Restrictive
Covenants and Limitations for PARK VIEW ESTATES ADDITION, dated the 14th day of August, 1973 and
recorded August 30 1973 at 199 Misc., Records, at page 261, which said paragraph 16 is incorporated
herein and made a part hereof; and reads in full as follows to-wit:
“16. At any time within three (3) years from the filing of the plat for this subdivision;
Jackie C. Rogers and Evelyn A. Rogers may form a corporation, unincorporated
association, or trust to be known as PARK VIEW ESTATES HOMEOWNERS ASSOCIATION
or by similar name. The general purpose of this association, corporation or trust will be
to enforce the restrictions and covenants contained herein and to promote the general
welfare of the lot owners in this subdivision. The association, corporation or trust shall
have such other purposes and powers, and shall adopt such by-laws and rules as Jackie
C. Rogers and Evelyn A. Rogers shall deem necessary and proper. Jackie C. Rogers and
Evelyn A. Rogers shall select the first Board of Directors or governing body and the first
slate of officers. Upon the formation of such corporation, association or trust, the
adoption of by-laws and the election of directors and officers, Jackie C. Rogers and
Evelyn A. Rogers shall transfer and convey to said corporation, association or trust, by
proper instruments, all of their interest in the ‘park’ areas which have been reserved by
them in said PARK VIEW ESTATES. Upon such conveyance and transfer being made, it is
hereby granted and extended to said association, corporation or trust, the rights,
responsibilities, powers and duties to care for, maintain and regulate the use of all ‘park’
areas. Said association, corporation or trust shall have the power, right and duty to
determine, fix, assess and collect from the members of the association, corporation or
trust, such dues or assessments as may be necessary to carry out all the purposes of said
corporation, association or trust. A lien is hereby expressly declared to exist and
continue on all of said land occupied for residential purpose for the amount of such
annual charge or assessment so fixed by said association, corporation or trust, until the
same is fully paid, it being expressly understood that the cost of the development,
improvement and maintenance of said ‘park’ areas shall constitute a prior payment on
behalf of Jackie C. Rogers and Evelyn A. Rogers, for any dues that may be assessed
against them until the same has been conveyed or occupied for residential purposes.
The association, corporation or trust, is hereby given the right, power and authority to
enforce the collection of such charges and assessments if not paid within the time to be
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fixed by it, by proceeding in any Court of proper jurisdiction in Payne County, Oklahoma,
the same as other liens are enforced on lands located in said County, and said lien
created for such charge or assessment, as aforesaid, shall cover and include a penalty to
be established by the association, corporation or trust, and all costs, including a
reasonable attorney’s fee incurred in enforcing same. Each owner of a residential
building site and successive, buyers thereof shall be a member of said association,
corporation, or trust, and although this declaration includes only the real property
described in the plat presently on file in the Office of the County Clerk, Payne County,
Oklahoma, it is the intention of Jackie C. Rogers and Evelyn A. Rogers to cause additional
declarations to be filed with respect to the remainder of their land situated in the NE/4
of Section 35, Township 20 North, Range 2 East of the Indian Meridian, Payne County,
Oklahoma, which additional declaration will be complimentary in concept to this
declaration, and which future declarations will provide for the addition of owners in
such other areas as members of the association, corporation or trust. In the event Jackie
C. Rogers or Evelyn A. Rogers fail to establish such association, corporation or trust
within said three (3) year period, the majority of the then owners of the lots in this
subdivision (each lot entitling the owner to one (1) vote) may form such association
corporation or trust, adopt by-laws and elect directors and officers. Upon such action,
Jackie C. Rogers and Evelyn A. Rogers shall effect the transfers and conveyances referred
to above in this paragraph with the same force and effect and with the same results set
forth herein.”
Provided, however, that in this subdivision, namely, SECTION 2, PARK VIEW ESTATES, only those owners
of single-family or two family residential building sites upon which residential dwellings have been
constructed, or are being constructed, and successive buyers thereof shall be members of said
association, corporation or trust.
18. Duration of Restrictive Covenants and Limitations
The foregoing covenants and restrictions are to run with the land and shall be binding on all persons and
parties claiming under them until January 1, 1985, at which time the said covenants be automatically
extended for successive periods of 10 years, unless by a majority vote of the then lot owners it is agreed
to change or abrogate said covenants in part or in whole.
19. Enforcement Powers
Should the owner and/or tenants of any lot or lots in SECTION 2, PARK VIEW ESTATES violate any of the
restrictive covenants and/or conditions herein, and thereafter refuse to correct same and to abide by
said restrictions and conditions contained herein, after reasonable notice, then in such event any owner
or owners of any lot in SECTION 2, PARK VIEW ESTATES may institute legal proceedings to enjoin, abate
and/or correct such violation or such restrictions or violations, and the owner of the lot or lots
permitting the violation or such restrictions and/or conditions shall pay all attorney fees, court costs,
and other expenses necessarily incurred to the person instituting such legal proceedings to maintain and
enforce the aforesaid restrictions and conditions, said attorney fees, court costs, and other expenses
allowed and assessed by the Court, for the aforesaid violation or violations, shall become a lien upon the
lands as of the date legal proceedings were originally instituted; and said lien shall be subject to
foreclosure in such action so brought to enforce such restrictions in the same manner as liens upon real
estates, the procedure of which is fixed by statute.
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20. Savings Clause
Invalidation of anyone of these covenants by judgments or by court order shall in no way affect any of
the other provisions, which shall remain in full force and effect.
IN WITNESS WHEREOF, we have hereunto set our hands this 23rd day of April, 1974.
JACKIE C. ROGERS
EVELYN A. ROGERS
ACKNOWLEDGED:
On this 23rd day of April, 1974, by Jackie c. Rogers and Evelyn A. Rogers, husband and wife, before Linda
Shipley, Notary Public, Payne County, Oklahoma. Seal affixed and commission expiring 1-16-75.
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SCHEDULE B
PRIVATE RECREATION AREAS OWNED BY THE ASSOCIATION
AND THE RULES GOVERNING THE PRIVATE RECREATION AREAS
Private Recreation Areas
· swimming pool
· greenbelt areas
· playground
· basketball court/pool parking lot
· north pond
· south pond
Swimming Pool
The pool at Park View Estates may only be used by homeowners currently living in the Park View Estates
neighborhood, their family and guests. It is the responsibility of each homeowner to supervise these
family members and guests while at the pool and to take care of the pool area as you would your own
home. The pool lock is changed out each year, so a new pool key will be issued to residents. The pool
key will be issued to homeowners, who are current on association dues, at the annual meeting in
May/June.
Pool Rules
See Updated Pool Rules under Pool on this Website
·
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Neighborhood Curfew for Juveniles (Passed, approved, and adopted at the Annual Meeting of the
Association on the 18th of June, 2009.)
Section. Title.
This article shall be known as the “Curfew Hours for Juveniles” Ordinance.
Section. Purpose and Intent.
The purpose is to protect juveniles from nocturnal dangers, enhance parental supervision and
responsibility for juveniles, reduce juvenile criminal activity, and protect the public at large by setting
and enforcing curfew hours on all common places.
Section. Definitions.
The following words, terms and phrases, when used in this article shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:
A. Curfew Hours shall mean 12:01 a.m. until 6:00 a.m. on any night Sunday through Saturday.
B. Emergency shall mean an unforeseen combination of circumstances or the resulting state
that calls for immediate action. The term indicates, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action to prevent
serious bodily injury or loss of life.
C. Guardian shall mean:
1. A person who, under court order, is the guardian of the person of a juvenile; or
2. A public or private agency with whom a juvenile has been placed by a court.
D. Juvenile shall mean any person under 18 years of age.
E. Knowingly permit shall mean the parent, other responsible adult is aware of the fact the
juvenile is in violation of the curfew hours or that said person by exercise of reasonable care
would have known that the juvenile is in violation of the curfew hours.
F. Parent shall mean a person who is a natural parent, adoptive parent, or stepparent of a
juvenile.
G. Common place shall mean any place to which Park View Estates Homeowners Association
owns or has control over, including but not limited to:
1. Playground
2. Swimming Pool
3. Greenbelt Areas
4. Ponds
5. Tennis Courts
6. Any of the Greenbelt areas connecting to the properties for the above mentioned
facilities which will include walkways leading to facilities and the pool access road.
H. Remain shall mean to:
1. Linger or stay; or
2. Fail to leave premises.
I. Responsible Adult shall mean any person having, assuming or charged with permanent
and/or temporary care and/or custody of a juvenile, including, but not limited to:
1. Any legal guardian or adult exercising legal guardianship over a juvenile;
2. Any adult who stands in loco parentis to a juvenile;
3. Any person whom legal custody of a juvenile has given by order of a court;
4. Any adult who has, assumes, or is charged with the care and/or custody of a juvenile
at the request of or on behalf of a parent, guardian, loco parentis or person to
whom legal custody has been given by order of a court; and/or
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5. Any adult who has, assumes, or is charged with the care and/or custody of a juvenile
at the requests or of on behalf of another parent.
Section. Offenses.
A. A juvenile commits an offense, and is in fact trespassing, if he/she remains in any common place
or on the premises of any common place of the Park View Homeowners Association during
curfew hours.
B. A parent and/or other responsible adult of a juvenile commits an offense if he/she knowingly
permits or allows the juvenile to remain in any Common place or on the premises of any
common place of Park View Homeowners Association during curfew hours.
Section. Defenses.
A. It is a defense to an offense that the juvenile was at the time in question:
1. Accompanies by the juvenile’s parent or responsible adult:
2. On an errand at the direction of the juvenile’s parent or responsible adult, without any
detour or stop.
3. Engaged in any employment activity, or going to or returning home from an
employment activity, without any detour or stop;
4. Involved in an emergency;
5. On the sidewalk abutting the juvenile’s residence or abutting the residence of a nextdoor
neighbor if the neighbor did not complain to the Police Department about the
juvenile’s presence;
6. Attending, going to or returning home, without any detour or stop, from an official
school, religious, or other recreational activity supervised by adults or an event
sponsored by the City of Stillwater, Stillwater Public Schools, a civic organization, or
another similar entity that takes responsibility for the juvenile; or
7. Married or had been legally married or had disabilities of minority removed in
accordance with state law.
Section. Enforcement.
The office shall not issue a citation or make an arrest under this article unless the office reasonably
believes that an offense has occurred and that based on any response and other circumstances, no
defense is present, or upon a Municipal Complaint for trespass or other appropriate offenses, signed by
an officer or other member of the Board of Directors of the Park View Homeowners Association.
Section. Penalties.
A. A person who violates a provision of this article is guilty of a separate offense for each day or
part of a day during which the violation is committed, continued, or permitted. Park View
Homeowners Association requests that for a first offense that the Court may require
appropriate community service work prescribed by the Court in lieu of fine or other penalty.
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