Types of Land Ownership
(Page 8 of 9)
November/December 1974
By Les Scher
17. The keeping of all domestic and farm animals shall be subject to approval by a majority of the Owners.
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18. There shall be no unnecessary discharge of firearms at any time or place on said property. The term "unnecessary discharge" shall include the use of firearms for target or practice shooting.
19. If, at any time, none of the Owners is willing or able to live on said property, then the Owners will allow one or more persons to act as caretakers of said property. The caretakers must be approved by a majority of said Owners. If any caretakers operate to the dissatisfaction of the majority of Owners they shall be asked to leave. Under no circumstances may an Owner permit a non-Owner to live on said property without the approval of all Owners living on said property.
20. The entire amount of said property may be sold if approval for such sale is given by a majority of the Owners in writing. In the event the entire parcel of said property is sold, a majority of the Owners shall agree on a selling price. The Owners may hire a licensed appraiser to determine the fair market value of said property and improvements. The fees and costs of said appraisal, and the fees and costs of any other expenses involved in the selling of said property, shall be borne equally by each Owner.
21. In the event the entire parcel of said property is sold, after reimbursement of each Owner according to the terms in Paragraph 6 of this Agreement, all remaining proceeds shall be divided equally among the Owners.
22. In exercising the majority approval and vote rule of this Agreement, the Owners shall make all reasonable efforts to contact and consult with an absentee Owner and accord to him or her the right to exercise a vote whenever any matter subject to approval should arise. "Reasonable efforts" shall include, but not be limited to, special delivery letters and telegrams. Should the absentee Owner be unavailable after the expenditure of a reasonable amount of time and effort to locate him or her, then the remaining Owners shall proceed with the granting or denying of approval.
23. A majority of the Owners shall have the right to initiate legal action against any Owner who violates the terms of this Agreement.
24. If a majority of the Owners initiate any legal action against another Owner due to a violation of the terms of this Agreement, the defendant Owner shall be liable for reasonable court costs and attorney fees.
25. Any amendments or additions to this Agreement must be approved in writing by a majority of the Owners of said property.
26. This Agreement is written and approved in the spirit of fairness to all the Owners in the hope that no Owner shall derive any benefit at the unfair expense of any other Owner.
(Owner's Signature) ___________________
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