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RUBY RANCH OWNERS ASSOCIATION

CONCERNING ARTICLE VII, SECTION 16

REGULATION OF RECREATIONAL VEHICLES

The Ruby Ranch Owners Association Board of Directors in regular session sitting this 27th day of November, 2001, does hereby find and resolve as follows:

WHEREAS, the Ruby Ranch Covenants at Article VII, Section 16, prohibit the operation of all forms of all-terrain recreational vehicles, including trail bikes, snowmobiles, and other ATV's; and

WHEREAS, the provisions of Article VII, Section 16, provide as follows:

Section 16: No Recreational Vehicles. No motorized recreational vehicles such as trail bikes or snowmobiles or unlicensed motorcycles or all-terrain vehicles shall be operated on any roads, private lots or common area tracts anywhere within the subdivision unless specifically authorized by the Board of Directors of the Association at a meeting open to all members preceded by notice of the intent to consider waiver of this prohibition.

and

WHEREAS, the Ruby Ranch Owners Association Board of Directors is authorized to modify the prohibitions contained in this section of the Covenants upon notice and hearing at which all owners are given the opportunity to comment upon the proposed change; and

WHEREAS, the Owners Association Board of Directors provided notice to each owner of its intent to consider a modification to Article VII, Section 16, of the Covenants and sought members input as an agenda item at the annual meeting of the Owners Association held on September 8, 2001; and

WHEREAS, a hearing on the proposed modification occurred at the time and place specified in the notice; and

WHEREAS, at the hearing no owner comments, pro or con, were received, though there were 27 lots represented in person and 9 lots represented by proxy at the hearing; and

WHEREAS, the Owners Association Board of Directors believes that it is appropriate and important to provide a limited exception to the prohibition against the operation of all forms of ATVs on the Ruby Ranch in order to permit the use of all-terrain vehicles with at least four-wheels on Ranch lots and common space for purposes of forestry, lot and meadow maintenance activities.

NOW, THEREFORE, be it resolved that:

1. Operation of all-terrain vehicles with at least four-wheels used solely for all types of ranch operation, maintenance, and snow removal activities on common space and private lots shall be permitted to operate under the following conditions:
   • a. Every vehicle must be equipped with an effective muffler;
   • b. Any such vehicle may not be used for recreational riding on Ranch roads and open spaces;
   • c. Every such vehicle must operate on at least four tires;
   • d. Every such vehicle must be used primarily for operation and maintenance, including snow removal activities associated with Ranch lots or open space.
2. Every vehicle that is to be permitted under this Resolution must receive a written letter from the Ruby Ranch Owners Association Board of Directors authorizing the operation of the vehicle.
3. Farm tractors and implements will not be considered ATVs for purposes of the Covenants or this Resolution.

Done this 27th day of October, 2001.

RUBY RANCH OWNERS ASSOCIATION

By:_________________________________ President