History of Northstar
The development of Northstar began with the filing of a development plan, including a master site plan and the issuing of a use permlt by the County of Placer. Said permit was entitled ‘Conditional Use Permit, Trimont Land Company Northstar-At-Tahoe (LDA-674) April, 1971 (the “Development Plan”)’.
This step was following on November 11, 1974 by recording the DECLARATION OF COVENANTS AND RESTRICTIONS which became the initial CC&Rs and By-laws for the Northstar Property Owners Association (or NPOA). In other documents, this document is sometimes referred to as the “Northstar Restrictions”.
During 1973-1974, work was begun and completed on the Ski Trails Condominium Project. At the time of development (and actually still) this project was known as “Northstar Unit 4”.
This “Project” in the sense used in the Northstar Restrictions was formalized and annexed to those restrictions by the filing of a Tract Plan recorded February 15, 1974,Declaration Establishing a Plan of Condominium Ownership recorded February 15, 1974 and a Declaration of Annexation of Block 3 of Ski Trails to the Plan of Condominium Ownership also recorded February 15, 1974. This Declaration of Annexation of Block 3 of the Project was followed by similar declarations for Block 1 recorded September 10, 1974 and Block 2 recorded September 10, 1974. Floor and ceiling elevations for the condominium Units were provided by supplementary certificates for Block 2 recorded August 16, 1974 and Block 3 recorded September 10, 1974 and the certification for Block 1 was included as Exhibit D of the Declaration of Annexation for that Block.
The Declaration Establishing a Plan of Condominium Ownership identified the “Project Restrictions” for all three Blocks of the Project. This Declaration states:
The property is a “project” within the meaning of California Civil Code S1350 (3), is subject to the provisions of the California condominium Act (Title 6, Part 4, Division Second of the Civil Code) and Declarant proposes to divide the project into condominiums. Declarant intends to impose upon the project mutually beneficial restrictions under a general plan of improvement for the benefit of all of the condominiums and their owners.
and then further states:
NOW, THEREFORE, Declarant hereby declares that the property subject hereto shall be held, conveyed, used and improved subject to the following restrictions, all of which are part of a plan for improvement and division of the property into condomlnlums, under a plan to enhance and perfect the value, desirability and attractiveness thereof. All of the restrictions shall run with the real property and bind all parties having or acquiring any right, title or interest therein or any part thereof for the benefit of each owner of any portion of the project or any interest therein, and shall inure to the benefit of and be binding upon each successor in interest of the owners thereof. This Declaration is made by Grantor pursuant to Californla Civil Code ï¿½1355.
Thus, this Declaration established the original CC&Rs of the Ski Trails Condominium Association.
In this Declaration, Paragraph 14: Use of Units and Common Area, sub-section (f), it says:
(f) Nothing shall be constructed in or removed from the Project Common Area exccpt upon the written consent of the Project Committee;
Remodeling and combining contiguous condominium units are explicitly allowed, however.
The Tract Plan establishes the boundaries of the Project Area and shows the locations of Blocks 1-3 and the Condominiums within those Blocks. It also establishes the Easements that apply to the Project Area. These easements include easements for:
I. INGRESS, EGRESS AND SUPPORT:
2. UTILITY EASEMENTS:
3. MEANDERING DRAINAGE EASEMENT (MDE)
The text the goes on to list the ‘THE EASEMENT DESIGNATED HEREON “SKI LIFT EASEMENT – EASEMENT IN GROSS”‘ which is shown on the relevant maps that are part of the plan. The text reads:
THE EASEMENT DESIGNATED HEREON “SKI LIFT EASEMENT – EASEMENT IN GROSS” IS HEREBY ACCEPTED AND RESERVED IN FAVOR OF TRIMONT LAN0 COMPANY, ITS SUCCESSOR AND ASSIGNS, FOR THE PURPOSE OF CONSTRUCTION, ERECTION, MAINTENANCE, AND REPAIR FROM TIME-TO-TIME OF AERIAL TRAMWAY FACILITIES AND APPURTENANT FACILITIES. IN EXERCISING ITS RIGHTS HEREIN EXCEPTED AND RESERVED, TRIMONT LAN0 COMPANY SHALL NOT BE SUBJECT TO THE APPLICABLE DECLARATION. THE EASEHENT HEREIN EXCEPTED AND RESERVED SHALL NOT BE DEEMED TO CONVEY ANY RIGHT, TITLE OR INTEREST TO ANY PUBLIC AGENCY.
AFTER INITIAL INSTALLATION AND CONSTRUCTION, AS SET FORTH ON THE IMPROVEMENT PLANS AND APPROVED BY THE PLACER COUNTY DIRECTOR OF PUBLIC WORKS, FUTURE MODIFICATIONS WlTHIN THE DEVELOPMENT WILL BE SUBJECT TO THE APPLICABLE DECLARATIONS.
The APPLICABLE DECLARATIONS are spelled out further down in the text, to wit:
ALL OF THE PROPERTY WITHIN THE BOUNDARIES HEREOF IS SUBJECT TO THAT CERTAIN DECLARATIONS OF COVENANTS AND RESTRICTIONS EXECUTED BY THE OWNER. IDENTIFIED ABOVE, ON NOVEMBER 3. 1971 AND RECORDED ON NOVEMBER 11. 1971 IN THE OFFICE OF THE RECORDER OF THE COUNTY OF PLACER IN BOOK 1384 AT PAGE 124 AN0 FOLLOWING. THE PROPERTY SHOWN ON THE MAP WITHIN THE BOUNDARIES OF BLOCKS 1 THROUGH 3. INCLUSIVE. SHALL FROM TIME TO TIME BECOME SUBJECT TO A CERTAIN DECLARATION ESTABLISHING A PLAN OF CONDOMINIUM OWNERSHIP, EXECUTED BY THE OWNER ABOVE IDENTIFIED ON NOVEMBER 30. 1971, AND RECORDED IN THE OFFICE OF THE RECOROER OF THE COUNTY OF PLACER SIMULTANEOUSLY WITH THE FILING OF THIS MAP. THE TWO DECLARATIONS ARE REFERRED TO HEREIN AS THE “APPLICABLE DECLARATIONS”.
These are, of course, the Declarations identified in the text above, the Northstar Restrictions and the initial Ski Trails CC&Rs.
A separate set of By-laws for the Unit 4 Condominium Association was recorded in Placer County on July 5, 1977. These updated the Plan of Condominium Ownershipdescribed above.
In 1996, the Northstar Property Owner’s Association (NPOA) approved a restatement of their articles of incorporation, their CC&Rs and their bylaws. These are still current.