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DRAFT
DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTIONS
OF
DAY SHORT PLAT
RENTON, WASHINGTON
TABLE OF CONTENTS
ARTICLE 1 INTERPRETATION ................................................................................... 1
1.1 Liberal Construction ........................................................................................................... 1
1.2 Covenant Running with Land ............................................................................................. 1
1.3 Declarant is Original Owner ......................................................................................... 2
1.4 Captions ........................................................................................................................ 2
1.5 Definition ............................................................................................................................ 2
1.6 Percentage of Mortgagees ............................................................................................. 3
1.7 Percentage of Owners ................................................................................................... 4
ARTICLE 2 OWNERSHIP AND MAINTENANCE OF COMMON FACILITIES .......... 4
2.1 Ownership of Common Facilities ................................................................................. 4
2.2 Maintenance of Tract A ................................................................................................ 4
ARTICLE 3 OWNER'S PROPERTY RIGHTS ................................................................... 5
3.1 Owner's Rights of Enjoyment ....................................................................................... 5
3.2 Delegation of Use ......................................................................................................... 5
ARTICLE 4 OWNERS' ASSOCIATION ............................................................................ 5
4.1 Establishment ..................................................................................................................... 5
4.2 Form of Association ..................................................................................................... 6
4.3 Membership .........................................................................................................................6
4.4 Voting ........................................................................................................................... 6
4.5 Bylaws of Association .................................................................................................. 6
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION .................................................. 6
5.1 Administration of the Development ............................................................................. 6
5.2 Management by Declarant. ................................................................................................. 6
5.3 Management by Elected Board of Directors ....................................................................... 7
5.4 Authority and Duties of the Board ................................................................................ 7
ARTICLE 6 USE AND MAINTENANCE OBLIGATION OF OWNERS ......................... 9
6.1 Catch Basin ......................................................................................................................... 9
6.2 Easements ............................................................................................................................ 9
6.3 Common Drives .................................................................................................................. 9
6.4 Storm Runoff ...................................................................................................................... 9
6.5 Access Road and Stormwater Operations and Maintenance ...................................... 10
ARTICLE 7 COMMON EXPENSES AND ASSESSMENTS ...........................................10
7.1 Creation of the Lien and Personal Obligation of Assessments.......................................... 10
7.2 Uniform Rate .............................................................................................................. 10
7.3 Limitation on Annual Assessment Amount. .................................................................... 10
7.4 Manner and Time of Payment ..................................................................................... 11
7.5 Accounts ..................................................................................................................... 11
7.6 Lien ....................................................................................................................... 11
7.7 Waiver of Homestead .................................................................................................. 12
7.8 Continuing Liability for Assessments ............................................................................... 12
7.9 Records, Financial Statements .................................................................................... 12
7.10 Certificate of Assessment ............................................................................................ 12
7.11 Foreclosure of Assessment Lien, Attorneys' Fees and Costs ............................................ 12
7.12 Curing of Default ......................................................................................................... 13
7.13 Omission of Assessment .................................................................................................. 13
7.14 Assessment Deposit. ................................................................................................... 13
7.15 Exempt Property.......................................................................................................... 14
7.16 Effect of Legal Proceedings ....................................................................................... 14
i
ARTICLE 8 COMPLIANCE WITH DECLARATION ..................................................... 14
8.1 Enforcement ...................................................................................................................... 14
8.2 No Waiver of Strict Performance ................................................................................15
8.3 Right of Entry .............................................................................................................. 15
8.4 Remedies Cumulative ....................................................................................................... 15
ARTICLE 9 LIMITATION OF LIABILITY ...................................................................... 15
9.1 No Personal Liability ............................................................................................................ 1.5
9.2 Indemnification of Board Members ............................................................................ 15
ARTICLE 10 MORTGAGEE PROTECTION ................................................................... 16
10.1 Priority of Mortgagee .................................................................................................. 16
10.2 Effect of Declaration Amendments ............................................................................. 16
10.3 Rights of Lien Holder .................................................................................................. 16
10.4 Change in Manner of Architectural Review and Maintenance Within Project ............. 17
10.5 Copies of Notices ........................................................................................................ 17
10.6 Furnishing of Documents ............................................................................................ 17
ARTICLE 11 EASEMENTS ............................................................................................... 17
11.1 Association Functions ...................................................................................................... 17
11.2 Easements Over Common Facilities ........................................................................... 17
11.3 Access to Public Streets .................................................................................................... 17
11.4 Utility Easements ..............................................................................................................17
ARTICLE 12 TERM OF DECLARATION ....................................................................... 18
12.1 Duration of Covenants ................................................................................................ 18
12.2 Abandonment of Subdivision Status ........................................................................... 18
ARTICLE 13 AMENDMENT OF DECLARATION ........................................................ 18
13.1 Declaration Amendment ................................................................................................... 18
13.2 Amendments to Conform to Lending Institution Guidelines ...................................... 19
ARTICLE 14 INSURANCE ............................................................................................... 19
14.1 Insurance ..................................................................................................................... 19
ARTICLE 15 MISCELLANEOUS ..................................................................................... 20
15.1 No tices ........................................................................................................................ 20
15.2 Conveyance, Notice Required .......................................................................................... 20
15.3 Successor and Assigns ................................................................................................ 20
15.4 Joint and Several Liability .......................................................................................... 21
15.5 Mo1tgagee's Acceptance .................................................................................................. 21
15.6 Severability ....................................................................................................................... 21
15.7 Effective Date ............................................................................................................. 21
15.8 Government Right of Access ............................................................................................21
EXI-IIBIT A.............................................................................................................................. 23
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE]
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
DAY SHORT PLAT
RENTON, WASHINGTON
THIS DECLARATION is made this DAY OF 2022, by the
undersigned TUSCANY CONSTRUCTION, LLC, a Washington limited liability
company, referred to herein as "Declarant," which is the owner of a certain real property
legally described in Exhibit A known as DAY SHORT PLAT, located in the City of
Renton, King County, Washington (the "Project")
With the exception of RCW 64.90.020, 64.90.025, and 64.90.030, this Declaration shall not
be subject to the Washington Uniform Common Interest Ownership Act, Ch. 64.90 RCW
(the "Act"): The Plat contains no more than twelve units; there shall be no assessments
imposed on any units; and the Declarant has not reserved development rights, as such term
is defined by the Act.
The Declarant has created a non-profit corporation known as the Day Short Plat
Homeowners Association (hereafter referred to as the "Association"). The Association
shall be delegated and assigned the duties and powers of owning, maintaining, and
administering any and all Common Areas and related facilities in the Project, administering
and enforcing these covenants, conditions and restrictions, and collecting and disbursing the
assessments and charges hereinafter created. The Association shall also have the right and
power to promulgate rules and regulations which may further define and limit
permissible uses and activities consistent with the provisions of this Declaration.
NOW, THEREFORE, the undersigned hereby covenants, agrees, and declares that all of the
Plat, as defined herein and the buildings and structures hereafter constructed thereon are,
and will be, held, sold, and conveyed subject to and burdened by the following
covenants, conditions, and restrictions, for the purpose of enhancing and protecting the
value, desirability, and attractiveness of the Project for the benefit of the Owners thereof,
their heirs, successors, grantees, and assigns.
ARTICLE 1
INTERPRETATION
1.1 Liberal Construction. The provisions of the Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation and
maintenance of the Project.
1.2 Covenant Running with Land. It is intended that this Declaration shall be
operative as a set of covenants running with the land, or equitable servitudes, binding on
Declaration of Covenants, Conditions and Restrictions of Mead Shor/ Plat PAGIJ 2
Declarant, its successors, heirs, executors, administrators, devisees or assigns. Any
conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project, shall and
hereby is deemed to incorporate by reference all provisions of the Declaration.
1.3 Declarant is Original Owner. TUSCANY CONSTRUCTION, LLC, is the
original Owner of all Lots and Project and will continue to be deemed the Owner thereof
except as conveyances or documents changing such Ownership regarding specifically
described Lots or portions of the Project are filed of record.
1.4 Captions. Captions given to the various Articles and Sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the
substantive provisions hereof.
1.5 Definitions.
1.5.1 "Association" shall mean the Day Short Plat Homeowners
Association, its successors and assigns.
1.5.2 "Board" shall mean the Board of Directors of the Association
provided for in Article 5.
1.5.3 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.4 "Common Areas" shall mean and refer to all real property that is
owned by the Association, including, but not limited to Tract D of the Plat.
1.5.5 "Declarant" shall mean TUSCANY CONSTRUCTION, LLC (being
the Owner of the real property described in Exhibit A thereof) and its successors and assigns
if such successors or assigns should acquire more than one undeveloped Lot from the
Declarant for the purpose of development and by written instrument in recordable form be
specifically assigned the rights and duties of Declarant.
1.5.6 "Declaration" shall mean this declaration and any amendments
thereto.
1.5.7 "Home" shall mean and refer to any structure or portion of a structure,
located on a Lot, which structure is designed and intended for use and occupancy as a
residence by a single family or which is intended for use in connection with such residence.
1.5.8 "Lot" shall mean and refer to any plot of land shown upon any
recorded Short Plat Map of the Project. Lot shall not include any land now or hereafter
owned by the Association or by all of the lot Owners as tenants in common, nor included
any land shown on a Short Plat Map but dedicated to the public or to a government entity.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAOJJ3
1.5.9 "Mortgage" shall mean a recorded mortgage or deed of trust that
creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.10 "Mortgagee" shall mean the beneficial Owner, or the designee of the
beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and
shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale of
a Lot.
1.5.11 "Owner" shall mean and refer to the record Owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Project, and,
except as may be otherwise expressly provided herein, shall in the case of a Lot which has
been sold pursuant to a real estate contract, include any person of record holding a vendee's
interest under such real estate contract, to the exclusion of the vendor thereunder. Any
person or entity having such interest merely as security for the performance of an obligation
shall not be considered an Owner.
1.5.12 "Person" shall include natural persons, partnerships, limited liability
companies, corporations, associations and personal representatives.
1.5.13 "Project" shall mean the real estate described in Exhibit A and all
improvements and structures thereon, including such additions thereto as may hereafter be
brought within the jurisdiction of the Association.
1.5.14 "Map" shall mean any Short Plat Map(s) approved by the appropriate
governmental entity and recorded in conjunction with or subsequent to this Declaration,
which Maps depict the layout of the Lots on the Project.
1.5.15 "Plat" shall mean and refer to the short plat map of DAY SHORT
PLAT as recorded in Book of Surveys, Pages _ through _..i Records; of King County,
State of Washington, under Recording No. _
1.5.16 "Tract" shall mean and refer to those portions of the recorded Plat
which are so designated and which are generally held for purposes other than use as lots for
construction of a residence, including but not limited to Tract D - Stormwater Tract.
1.6 Percentage of Mortgagees. For purposes of determining the percentage of
first mortgagees approving a proposed decision or course of action, a mortgagee shall be
deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a
first lien on said Lot.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE4
1.7 Percentage of Owners. For purposes of determining the percentage of
Owners approving a proposed decision or course of action, an Owner shall be deemed a
separate Owner for each Lot owned.
ARTICLE 2
OWNERSHIP AND MAINTENANCE OF COMMON FACILITIES
2.1 Ownership of Common Facilities. All Common Facilities (pavement,
drainage structures, including but not limited to pipes, catch basins, water quality, detention
and control facilities, and landscaping) shall be owned by the Association. The Common
Facilities shall exclude those portions of facilities and utilities which have been or may
hereafter be, dedicated to and owned by the public or a governmental entity or private
utility company. The Common Facilities shall for all purposes be under the control,
management and administration of the Declarant during the period of Declarant's
management authority pursuant to Section 5.2, and under the control, management and
Administration of the Association thereafter. Except as set forth in Section 2.2. below, the
Association (and the Owners who are members thereof) have the responsibility and
obligation to maintain, repair and administer the Common Facilities in a clean, attractive,
sanitary and safe condition and in full compliance with applicable, governmental laws,
rules and regulations and the provisions of this Declaration. In the event the Association fails
to meet its maintenance responsibilities for the Common Facilities, each Lot owner will have
an equal and undivided responsibility for such maintenance and is jointly liable for the
failure to do so.
2.2 Maintenance of Tract D. Tract D is a stormwater tract. Upon recording of
the Map, Tract D was conveyed to the Association. Pursuant to RMC 4-6-030(F)(l), the
City of Renton shall be responsible for maintaining the drainage facilities within Tract D.
Upon recording of the Map, a drainage easement over Tract D was granted to the City of
Renton for conveying, storing, managing and facilitating storm and surface water quality,
together with the right for the City of Renton, its successors or assigns, to enter said
drainage easement for the purpose of inspecting, operating, maintaining, repairing and
improving the drainage facilities contained therein. Maintenance of all other improvements
on Tract D, shall be the responsibility of the Association. The Association is responsible
for the cost for the restoration of any non-drainage improvements removed or altered as the
result of the maintenance, repair, improvement and reconstruction of the drainage
improvements. The Association shall obtain any required permits from the City of Renton,
or its successor agency, prior to activities such as clearing and grading, filling, piping,
cutting or removing vegetation (except for routine landscape maintenance such as lawn
mowing) in drainage facilities or performing any alterations or modifications to the
drainage facilities contained within said drainage easement.
PAGES Declaration of Covenants, Conditions and Restrictions of Day Short Plat
ARTICLE3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive
right, in common with all Owners, of enjoyment in and to the Common Facilities that shall
be appurtenant to and shall pass with the title to every Lot, subject to the following
provisions:
3.1.1 The rights of the Association to dedicate or transfer all or any part
of the Common Facilities, including easements across said properties, to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to by
the members of the Association.
3.1.2 The right of the Association, in accordance with this Declaration and
its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving the
Common Facilities and in aid thereof to mortgage said property, but the rights of such
mortgagee in said property shall be subordinate to the rights of the Owners hereunder and
subject to the provisions of Section 15.5; provided, however, that Tract D shall not be
mortgaged.
3.1.3 The right of the Association to take such steps as are reasonably
necessary to protect any property mortgaged in accordance with Section 3.1.2 against
foreclosure, including, but not limited to, the right to charge admission and other fees as a
condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment of
such properties to the public.
3.1.4 While under Declarant's management authority pursuant to Section
5.2, the exercise of all the rights and powers set forth in Subsections 3.1.1, 3.1.2 and 3.1.3
shall require the prior written approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the
Bylaws), his/her right of enjoyment of the Common Facilities to the members of his/her
family, or his/her tenants or contract purchasers who reside on the Owner's Lot and (subject
to regulation by the Association) to his/her temporary guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called DAY
SHORT PLAT HOMEOWNERS ASSOCIATION (referred to hereinafter as the
"Association").
4.2 Form of Association. The Association shall be a nonprofit corporation
formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of
Washington. In the event of any conflict between this Declaration and the Articles of
Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration
shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot in the Project (including
Declarant) shall be a member of the Association and shall be entitled to one membership for
each Lot so owned. Ownership of a Lot shall be the sole qualification for membership in
the Association.
4.3.2 Transfer of Membership. The Association membership of each
Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership,
and shall not be assigned, conveyed, pledged or alienated in any way except upon the transfer
of title to said Lot and then only to the transferee of title to such Lot. Any attempt to make a
prohibited transfer of membership shall be void. Any transfer of title to a Lot shall operate
automatically to transfer the membership in the Association appurtenant hereto to the new
Owner thereof.
4.4 Voting. Every Owner shall be entitled to vote in accordance with the
provisions of the Articles of Incorporation and Bylaws of the Association.
4.5 Bylaws of Association. Bylaws for the administration of the Association and
the Project and to further the intent of the Declaration, may be adopted or amended by the
Owners at a regular or special meeting, provided, that the initial Bylaws shall be adopted
by Declarant. In the event of any conflict between this Declaration and any Bylaws, the
provisions of this Declaration shall prevail.
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that
the administration of the Project shall be in accordance with the provisions of this
Declaration and the Bylaws of the Association.
5.2 Management by Declarant. The Project shall be managed on behalf of the
Association by the Declarant until the earlier of (a) one hundred twenty (120) days after 90%
of the Lots are sold by Declarant, or (b) the date on which Declarant elects to permanently
relinquish all of its authority under this Section 5.2 by written notice to all Owners. So long
as Declarant is managing the Project, Declarant or a managing agent selected by Declarant
shall have the exclusive power and authority to exercise all the rights, duties and functions
of the Board and the Association set forth or necessarily implied in
Declaration o/ Covenants1 Conditions and Restrictions of Day Short Plat P.ACE6
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE7
this Declaration, provided however, that the Association may not be bound directly or
indirectly to any contracts or leases without the right of termination exercisable without
cause and without penalty at any time after transfer of control to the Board elected pursuant
to Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract.
5.3 Management by Elected Board of Directors. At the expiration of
Declarant's management authority under Section 5.2, power and authority shall vest in the
Board of Directors elected from among the Lot Owners. The number of directors shall be
specified in the Bylaws and shall be sufficient to adequately handle the affairs of the
Association. The Board may delegate all or any portion of its management duties to a
managing agent or officer of the Association as provided for in the Bylaws. All Board
offices shall be open for election at an organizational meeting. The Board shall elect from
among its members a president who shall preside over meetings of the Board and the
meetings of the Association.
5.4 Authority and Duties of the Board. On behalf of and acting for the
Association, the Board (or the Declarant or Declarant's managing agent as provided in
Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers and
authority permitted to the Board under this Declaration and any applicable law, including
but not limited to the following:
5.4.l Assessments. Establish and collect regular assessments (and to the
extent necessary and permitted hereunder, special assessments) to defray expenses
attributable to carrying out its duties hereunder and maintain an adequate reserve fund for
the operation, maintenance, repair, improvement and replacement of those portions of the
Common Facilities which must be maintained, repaired or replaced on a periodic basis,
which reserve shall be funded by the above assessments. The Association may impose and
collect charges for late payments of assessments.
5.4.2 Services. Obtain the services of persons or firms as required to
properly manage the affairs of the Project to the extent deemed advisable by the Board
including legal and accounting services, property management services as well as such other
personnel as the Board shall determine are necessary or proper for the operation of the
Common Facilities, whether such personnel are employed directly by the Board or are
furnished by the manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical,
telephone, gas and any other necessary utility easements and street lighting, as required for
the Common Facilities.
5.4.4 Insurance. Obtain and pay for policies of insurance or bonds
providing Common Facilities casualty and liability coverage, and for fidelity of Association
officers and other employees, the requirements of which are more fully set forth in Article
14.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat P,10n8
5.4.5 Maintenance and Repair of Common Facilities. Pay for the cost of
painting, maintenance, repair of all landscaping and gardening work for all Common
Facilities, and improvements located thereon, so as to keep the Project in a good, clean,
attractive, sanitary and safe condition and in full compliance with applicable governmental
laws, rules and regulation and the provisions of this Declaration.
5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of maintaining
and landscaping of rights of way, traffic islands and medians, or other similar areas which
are not part of the Lots or Common Facilities but which are within or adjacent to the Project
boundaries, and which are owned by or dedicated to a governmental entity, if said
governmental entity fails to do so; provided, the Lot Owner at the Owner's expense (rather
than the Association) shall maintain and landscape such areas as are adjacent to such
Owner's Lot.
5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the
Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter and
interior fences, and landscaping and improvements on easements, if any, which are located
on or across Lots including the common landscape area within Tract D Stormwater Tract
provided, the Board at its option may require a Lot Owner at the Owner's expense to
maintain, repair and replace such fences, landscaping and improvements as are adjacent to
such Owner's Lot.
5.4.8 Enforce Declaration. Enforce the applicable provisions of the
Declaration for the management and control of the Project.
5.4.9 Contracting and Payment for Materials, Services, etc. Contract
and pay for any materials, supplies, labor or services which the Board should determine
are necessary or proper for the enforcement of this Declaration, including legal, accounting,
management or other services, provided that if for any reason any materials, supplies, labor
or services are provided for particular Lots or their Owners, the cost thereof shall be
specially charged to the Owners of such Lots
5.4.10 Attorney-in-Fact. Each Owner, by the mere act of becoming an
Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full
power of substitution, to take such action as reasonably necessary to promptly perform the
duties of the Association and Board hereunder, including but not limited to the duties to
maintain, repair and improve the Project, to deal with the Project upon damage or
destruction, to grant easements and licenses over Common Facilities, and to secure
insurance proceeds.
5.4.11 Borrowing of Funds. In the discharge of its duties and the exercise
of its powers as set forth herein, but subject to the limitations set forth herein, the Board may
borrow funds on behalf of the Association.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAOE9
5.4.12 Adoption of Rules and Regulation: Fines. When and to the extent
deemed advisable by the board, to adopt reasonable rules and regulations governing the
maintenance and use of the Project and other matters of mutual concern to the Lot Owners,
which rules and regulations are not inconsistent with this Declaration and the Bylaws and
which treat all Owners fairly and on a non-discriminatory basis, the Board may impose and
collect charges for late payments of assessments and, after notice and an opportunity to be
heard by the Board or by a representative designated by the Board in accordance with
procedures as provided in the Bylaws or rules and regulations adopted by the Board, levy
reasonable fines in accordance with a previously established schedule adopted by the Board
and furnished to the Owners for violation of the Bylaws, rules and regulation of the
Association.
5.4.13 Additional Powers of Association. In addition to the duties and
powers of the Association as specified in this Declaration, but subject to the provisions of
this Declaration, the Association, acting through its Board, shall have the power to do all
other things that it may deem reasonably necessary to carry out its duties and the purposes
of the Declaration.
ARTICLE 6
USE AND MAINTENANCE OBLIGATION OF OWNERS
6.1 Catch Basin. The Owner of each Lot shall ensure the cleaning of all catch
basins, if any, located on such Lot at least once prior to September 15th of each calendar
year.
6.2 Easements. Easements for the installation and maintenance of utilities,
drainage and irrigation facilities are reserved as shown on the Short Plat Map and as
described in Article 11. Within these easements no structure, planting or other materials shall
be placed or permitted to remain which may damage or interfere with the installation and/or
maintenance of such utilities, or which may change the directions of flow of water through
a drainage channel in the easement, or which may obstruct or retard the flow of water through
drainage channels in the easement. Except as otherwise provided in Section 11.4, any
easement or portion thereof located on any Lot and all improvements thereon shall be
maintained continuously by the Lot Owner.
6.3 Common Drives. Common drives, walks (if any) and paths (if any) shall
be used exclusively for normal transit and no obstructions shall be placed thereon of therein
except by express written consent of the Board.
6.4 Storm Runoff. Each Lot Owner shall ensure that all roof down spout drains
are properly cleaned and maintained, and that the Tight Line Drainage lines on each Lot are
clean and free of any debris. Due diligence shall be exercised by each Lot Owner to prevent
adverse impact of storm runoff onto downstream Lots.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE]O
6.5 Access Road and Stormwater Operations and Maintenance. It is the
responsibility of the Association to maintain the access road including the road stormwater
collection system, until such time that those improvements are deeded or sold to a
government agency, which will assume maintenance and responsibility of such
improvements. These covenants may not be amended to eliminate the requirements to
maintain the storm water facilities, private roadways and other common facilities, or
permitting conveyance of those features to a third party without the written permission of
the City of Renton.
ARTICLE 7
COMMON EXPENSES AND ASSESSMENTS
7.1 Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of any
Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed,
is deemed to covenant and agree to pay to the Association any assessment dul y levied by the
Association as provided herein. Such assessments, together with interest, costs, late charges
and reasonable attorneys' fees, shall be a charge on the land and shall be a continuing lien
upon the property against which each such assessment is made. Each such assessment,
together with interest, costs, late charges and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments shall not pass to
successors in title unless the lien for such delinquent assessments had been properly recorded
prior to the title transfer or unless expressly assumed by them. Provided, however, that in
the case of a sale of any Lot which is charged with the payment of an assessment or
assessments payable in installments, the person or entity who is the Owner immediately prior
to the date of any such sale shall be personally liable for installments that become due on
and after said date.
7.2 Uniform Rate. Any assessments which may be levied from time to time
pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a uniform
rate for each Lot, except for assessments levied against an Owner for the purpose of
reimbursing the Association for cost incurred in bringing the Owner or his/her Home and/or
Lot into compliance with the provisions of this Declaration. Declarant shall not be obligated
to pay any assessment levied against any Lots of this Declaration. Declarant shall not be
obligated to pay any assessment levied against any Lots owned by it. An assessment against
a Lot shall be the joint and several personal obligation of all Owners of that Lot.
7.3 Limitation on Annual Assessment Amount.
7.4.1 Board Authority. At any time after the sale of the first Lot by the
Declarant (whether to a builder or otherwise), the Board shall have the authority, without
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE JI
obtaining prior approval of the Owners, to levy assessments in a given calendar year
totaling not more than $300.00 per Lot, as may be adjusted pursuant to RCW 64.90.065;
provided, that the assessments subject to the $300 cap shall not include optional user fees;
any insurance premiums paid by the Association; or any assessments which are levied
against an Owner for reimbursing the Association for costs incurred in bringing the Lot
Owner or his/her Home and/or Lot into compliance with the provision of this Declaration
nor any initial assessments provided for in Section 7.3. Notwithstanding the provision set
forth above, the Declarant shall not be liable for any fees or assessments assessed or due
so long as Declarant owns any Lot.
7.3.2 Increase in Assessments. During the Declarant's management of the
Association pursuant to Section 5.2, the maximum dollar amount specified in Section 7.4.1,
as may be adjusted pursuant to RCW 64.90.065, shall not be increased without the approval
of Lot Owners, excluding the Declarant, holding 90% of the votes of the Association, at a
meeting duly called for such purpose.
7.3.3 Owner Approval Required. Any assessment to be levied in a given
calendar year which would cause the total of all assessments for the year to exceed the sum
per Lot permitted by Section 7.4.1 and 7.4.2 shall require the calling of a meeting of the
Association upon notice sent to all members not less than thirty (30) nor more than sixty (60)
days in advance of the meeting, and the approval at such meeting of the levy of such
assessment by a majority of the Lots represented at such meeting, provided a quorum is
present as defined in the Bylaws.
7.4 Manner and Time of Payment. Assessments shall be payable by each
Owner in such reasonable manner as the Board shall designate. Any assessment or
installment thereof which remains unpaid for at least fifteen (15) days after the due date
thereof shall bear interest at an annual rate equal to fifteen percent (15%), and the Board may
also assess a late charge in an amount not exceeding twenty-five (25%) of any unpaid
assessment which has been delinquent for more than fifteen (15) days.
7.5 Accounts. Any assessments collected by the Association shall be deposited
in one or more insured institutional depository accounts established by the Board. The Board
shall have exclusive control of such accounts and shall maintain accurate records thereof,
provided, however, that the Board may exercise such control through a property manager
retained pursuant to Section 5.4.2. No withdrawal shall be made from said accounts except
to pay for charges and expenses authorized by this Declaration.
7.6 Lien. In the event any assessment or installment thereof remains delinquent
for more than thirty (30) days, the Board may, upon fifteen (l 5) days written notice to the
Owner of such Lot of the existence of the default, accelerate and demand immediate
payment of the entire assessment. The amount of any assessment assessed or charged to any
Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be a lien upon such
Lot. A claim of lien may be recorded in the office where real estate conveyances are
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE ]2
recorded for the county in which this Project is located. Such claim of lien may be filed at
any time at least fifteen (15) days following delivery of the notice of default referred to
above. The lien for payment of such assessments and charges shall have priority over all
other liens and encumbrances, recorded or unrecorded, limited as provided in Section 10.1.
Suit to recover a money judgment for unpaid assessments or charges shall be maintainable
with or without foreclosure or waiver of the lien securing the same.
7.7 Waiver of Homestead. Each Owner hereby waives, to the extent of any
liens created pursuant to this Article, the benefit of any homestead or exemption law in
effect at the time any assessment or installment thereof becomes delinquent or any lien is
imposed pursuant to the terms hereof.
7.8 Continuing Liability for Assessments. No Owner may exempt
himself/herself from liability for his/her Assessments by abandonment of his/her Lot.
7.9 Records, Financial Statements. The Board shall prepare or cause to be
prepared, for any calendar year in which the Association levies or collects any assessments,
and shall distribute to all Owners, a balance sheet and an operating (income/expense)
statement for the Association, which shall include a schedule of assessments received and
receivable, identified by the number of the Lot and the name of the Owner so assessed. The
Board shall cause detailed and accurate records of the receipts and expenditures of the
Association to be kept specifying and itemizing the maintenance, operating, and any other
expenses incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and
any resolution authorizing expenditures of Association funds shall be available for
examination by any Owner at reasonably convenient hours.
7.10 Certificate of Assessment. A certificate executed and acknowledged by the
treasurer or the president of the Board, or an authorized agent thereof if neither the president
nor treasurer is available, stating the indebtedness for assessments and charges or lack
thereof secured by the assessment lien upon any Lot shall be conclusive upon the Association
as to the amount of such indebtedness on the date of the certificate, in favor of all persons
who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any
encumbrancer of a Lot within a reasonable time after request, in recordable form, at a
reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding a lien on a
Lot may pay any unpaid assessments or charges with respect to such Lot, and, upon such
payment, shall have a lien on such Lot for the amounts paid of the same rank as the lien of
his/her encumbrance.
7.11 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The
Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien of,
or collect, any assessment. In any action to foreclose the lien of, or otherwise collect,
delinquent assessments or charges, any judgment rendered in favor of the Association shall
include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred
Declaration a/Covenants, Conditions and Restrictions of Day Short Plat PAGE 13
in preparation for or in the prosecution of said action (including in any arbitration, on
appeal, and in any bankruptcy proceeding), in addition to taxable costs permitted by law.
7.12 Curing of Default. The Board shall prepare and record a satisfaction and
release of the lien for which a claim of lien has been filed and recorded in accordance with
this Article upon timely payment or other satisfaction of all delinquent assessments set
forth in the Notice, and all other assessments which have become due and payable
following the date of such recordation with respect to the Lot as to which such claim of
lien was recorded, together with all costs, late charges and interest which have accrued
thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the cost
of preparation and recordation shall be paid to the Association prior to such action. The
satisfaction of the lien created by the claim of lien shall be executed by the president or
treasurer of the Association or by any authorized representative of the Board. For the
purposes of this paragraph, the term "costs" shall include costs and expenses actually
incurred or expended by the Association in connection with the cost of preparation and
recordation of the claim of lien and in efforts to collect the delinquent assessments secured
by the lien and a reasonable sum for attorneys' fees.
7.13 Omission of Assessment. The omission by the Board or the Association to
fix the estimate for assessments and charges hereunder for the next year before the expiration
of any current year shall not be deemed a waiver or modification in any respect of the
provisions of this Declaration, or a release of the Owner from the obligation to pay the
assessments and charges, or any installment thereof for that or any subsequent year. The
assessment and charge fixed for the preceding year shall continue until a new assessment or
charge is fixed.
7.14 Assessment Deposit. A Lot Owner may be required, by the Board or by the
managing agent, from time to time, to make and maintain a deposit of not more than the
total of one (1) annual assessment, plus either one (1) special assessment if special
assessments are payable on an annual basis, or three (3) special assessment installments if
special assessments are payable on a monthly or other periodic basis. Such deposit may be
collected as are other assessments and charges. Such deposit shall be held in a separate fund,
be credited to such Owner, and be for the purpose of establishing a working capital fund for
the initial Project operations and a reserve for delinquent assessments. Resort may be had
thereto at any time when such Owner is ten (10) days or more delinquent in paying his/her
assessments and charges, to meet unforeseen expenditures, to acquire additional equipment
or services deemed necessary or desirable by the Board, or as a credit against any annual or
special assessments to become due from such Owner. Said deposits shall not be considered
as advance payments of annual assessments. All or any portion of such deposit may at any
time be refunded to the Owner by the Association in the discretion of the Board, such refund
being made as a cash refund or a credit against assessments subsequently to become due or
a combination thereof.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE J4
7.15 Exempt Property. The following property subject to this Declaration shall
be exempt from the assessments created herein:
7.15.1 All properties dedicated to and accepted by a governmental entity,
7.15.2 All properties owned by a charitable or nonprofit organization or an
organization exempt from taxation by the laws of the state of Washington.
However, the land or improvements, which are referred to in Sections 7.16.1, and 7.16.2
and which are devoted to dwelling use, shall not be exempted from said assessments.
7.16 Effect of Legal Proceedings. In any legal proceeding commenced
pursuant to Section 8.1.1, and notwithstanding the assessment limitation provided for in the
Declaration, the court having jurisdiction over such proceeding shall also have
jurisdiction and power to cause assessments to be levied and collected on an equal per Lot
basis in such amounts as is reasonably necessary to cause the Project to be properly
administered in accordance with the provisions of this Declaration and the Bylaws, or to
cause the provisions of this Declaration and the Bylaws to be properly applied and enforced.
ARTICLE 8
COMPLIANCE WITH DECLARATION
8.1 Enforcement.
8.1.1 Compliance of Owner. Each Owner, Board member and the
Association shall comply strictly with the provisions of this Declaration and with the
Bylaws and administrative rules and regulations adopted by the Association (as the same
may be lawfully amended from time to time). Failure to comply shall be grounds for an
action to recover sums due for damages, or injunctive relief, or both, maintainable by the
Board (acting through its officers on behalf of the Association and the Owners), or by the
aggrieved Owner on his/her own against the party (including an Owner or the Association)
failing to comply. The provisions of the Declaration shall be enforceable by Declarant, any
Lot Owner, the Association, and any first mortgagee of any Lot. In addition, the
Association may impose and collect fines as provided in Section 5.4.12 of this Declaration.
8.1.2 Compliance of Lessee. Each Owner who shall rent or lease his/her
Lot shall insure that the lease or rental agreement is in writing and subject to the terms of
this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall further
provide that failure of any lessee to comply with the provisions of said documents shall be
a default under the lease.
8.1.3 Attorneys' Fees. In any action to enforce the provisions of this
Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such legal
action shall be entitled to an award for reasonable attorneys' fees and all costs and expenses
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAOIS15
reasonably incurred in preparation for or prosecution of said action (including in any
arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable costs permitted
by law.
8.2 No Waiver of Strict Performance. The failure of the Board, or Declarant
or Declarant's managing agent, as applicable, in any one or more instances to insist upon or
enforce the strict performance of any of the terms, covenants, conditions or restrictions of
this Declaration, or of any Bylaws or administrative rules or regulations, shall not be
construed as a waiver or a relinquishment for the future of such term, covenant, condition
or restriction, but such term, covenant, condition or restriction shall remain in full force
and effect. No waiver by the Board of any provision hereof shall be deemed to have been
made unless expressed in writing and signed by the Board.
8.3 Right of Entry. Violation of any of the provisions hereof shall give to
Declarant, its successors, or the Association, the right to enter upon the Lot as to which such
violation exists and to abate, correct and remove, at the expense of the Owner thereof, any
erection, thing or condition that may be or exists thereon contrary to the provisions hereof.
Such entry shall be made only after three (3) days' notice to said Owner and with as little
inconvenience to the Owner as possible, and any damage caused thereby shall be repaired by
the Association. Declarant, its successors, or the Association shall not be deemed guilty of
any manner of trespass by such entry, abatement or removal.
8.4 Remedies Cumulative. The remedies provided are cumulative, and the
Board may pursue them concurrently, as well as any other remedies that may be available
under law although not expressed herein.
ARTICLE 9
LIMITATION OF LIABILITY
9. I No Personal Liability. So long as a Board member, Association committee
member, Association officer, Association agent, or Declarant exercising the powers of the
Board, has acted in good faith, without willful or intentional misconduct, upon the basis of
such information as may be possessed by such person, no such person shall be personally
liable to any Owner, or other party, including the Association, for any damage, loss or
prejudice suffered or claimed on account of any act, omission, error, negligence (except gross
negligence), any discretionary decision, or failure to make a discretionary decision, by such
person in such person's official capacity, PROVIDED, that this Section shall not apply where
the consequences of such act, omission, error or negligence are covered by insurance or
bonds obtained by the Board pursuant to this Declaration.
9.2 Indemnification of Board Members. Each Board member or Association
committee member, or Association officer, Association agent, or Declarant exercising the
powers of the Board, and their respective heirs and successors, shall be indemnified by the
Association against all expenses and liabilities, including attorneys' fees, reasonably
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE 16
incurred by or imposed in connection with any proceeding to which he/she may be a party,
or in which he/she may become involved, by reason of being or having held such position
at the time such expenses or liabilities are incurred, except in such cases wherein such
person is adjudged guilty of intentional misconduct or gross negligence or a knowing
violation of law in the performance of his/her duties, and except in such cases where such
person has participated in a transaction from which said person will personally receive a
benefit in money, property, or services to which said person is not legally entitled,
PROVIDED, that, in the event of a settlement, the indemnification shall apply only when the
Board approves such settlement and reimbursement as being in the best interest of the
Association. Nothing contained in this Section 9.2 shall, however, be deemed to obligate the
Association to indemnify any Member or Owner of a Lot who is or has been a Board member
or officer of the Association with respect to any duties or obligation assumed or liabilities
incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot
covered thereby and not as a Board member or officer of the Association.
ARTICLE 10
MORTGAGEE PROTECTION
10.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assessments shall be subject to tax
liens on the Lot in favor of any assessing unit and/or special district and be subject to the
rights of the secured party in the case of any indebtedness secured by first lien Mortgages
which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot,
or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage judicial or
nonjudicial foreclosure or deed in lieu thereof, such possessor and its successors and
assigns shall not be liable for the share of any assessment by the Association chargeable to
such Lot which becomes due prior to such possession, but will be liable for any assessment
accruing after such possession. Such unpaid share of common expenses or assessments
shall be deemed to be common expenses collectible from all of the Lot Owners including
such possessor, its successor and assigns.
10.2 Effect of Declaration Amendments. No amendment to this Declaration
shall be effective to modify, change, limit or alter the rights expressly conferred upon
Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded unless
the amendment shall be consented to in writing by the holder of such Mortgage. Any
provision of this Article concerning rights of Mortgagees that is inconsistent with any other
provision of this Declaration shall control over such other inconsistent provisions.
10.3 Rights of Lien Holder. A breach of any of the provisions, conditions,
restriction, covenants, easements or reservations herein contained shall not affect or impair
the lien or charge of any bona fide Mortgage made in good faith and for value on any Lots,
provided, however, that any subsequent Owner of the Lot shall be bound by these provisions
whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise.
Declaration of Covenants, Conditions and Restrictions of Mead Shor/ Plat PAGE17
10.4 Change in Manner of Architectural Review and Maintenance Within
Project. The Association shall not, without prior written approval of seventy-five percent
(75%) of all first Mortgagees (based upon one (1) vote for each first Mortgage owned) and
seventy-five percent (75%) of all Owners (other than Declarant) of record by act or omission
change, waive or abandon any scheme of regulations, or enforcement thereof, pertaining to
the architectural design or the exterior appearance of Homes, the exterior maintenance of
Homes, maintenance of walkways, fences and driveways, or the upkeep of lawns and
plantings in the development, including the provisions of Articles 2 and 5 hereof.
10.5 Copies of Notices. If the first Mortgagee of any Lot so requests the
Association in writing, the Association shall give written notice to such first Mortgagee of
an Owner/Mortgagor of a Lot has for more than sixty (60) days failed to meet any
obligation under this Declaration.
10.6 Furnishing of Documents. The Association shall make available to
prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current copies
of the Declaration, Bylaws, and other rules governing the Project, and the most recent
balance sheet and income/expense statement for the Association, if any has been prepared.
ARTICLE 11 EASEMENTS
11.l Association Functions. There is hereby reserved to Declarant and the
Association, or their duly authorized agents and representatives, such easements as are
necessary to perform the duties and obligations of the Association as are set forth in the
Declaration, or in the Bylaws, and rules and regulations adopted by the Association.
11.2 Easements Over Common Facilities. The Board, on behalf of the
Association and all members thereof, and as an attorney-in-fact for all Lot Owners with an
irrevocable power coupled with an interest, shall have authority to grant (in accordance
with applicable governmental laws and regulations) utility, road and similar easements,
licenses and permits, under, through or over the Common Facilities, which easements the
Board determines are reasonably necessary to the ongoing development and operation of the
Project.
11.3 Access to Public Streets. Each Owner and his/her guests and invitees shall
have a perpetual, non-exclusive easement across all roadways constructed within the Project,
thereby providing access throughout the Project and to public streets.
11.4 Utility Easements. On each Lot, easements are reserved as provided by the
Short Plat Map and applicable laws, ordinances and other governmental rules and regulations
for utility installation and maintenance, including but not limited to,
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE18
underground electric power, telephone, water, sewer, drainage, and accessory equipment,
together with the right to enter upon the Lots at all times for said purposes.
ARTICLE 12
TERM OF DECLARATION
12.1 Duration of Covenants. The covenants contained herein shall run with and
bind the land for a term of thirty (30) years from the date this Declaration is recorded, after
which time the covenants shall be automatically extended for successive periods of ten (10)
years each, unless an instrument executed in accordance with Section 13.1 below shall be
recorded, abandoning or terminating this Declaration.
12.2 Abandonment of Subdivision Status. The Association shall not, without the
prior written approval of the governmental entity having jurisdiction over the Project and
without prior written approval of one hundred percent (100%) of all first Mortgagees (based
upon one (1) vote for each first Mortgage owned) and one hundred percent (100%) of all
Owners (other than Declarant) of record, seek by act or omission to abandon or terminate the
subdivision status of the Project as approved by the governmental entity having appropriate
jurisdiction over the Project.
ARTICLE 13
AMENDMENT OF DECLARATION
13.1 Declaration Amendment. Amendments to the Declaration shall be made
by an instrument in writing entitled "Amendment to Declaration" which sets forth the entire
amendment, except as otherwise specifically provided for in this Declaration, any proposed
amendment must be approved by a majority of the Board prior to its adoption by the
Owners. Amendments may be adopted at a meeting of the Owners if the Owners vote for
such amendment or without any meeting if all Owners have been duly notified and all the
Owners consent in writing to such amendment. Notwithstanding the foregoing, any
amendment to a provision of the Declaration establishing, providing for, governing or
regulating the following shall require the consent of all the Owners and all the Mortgagees
and the consent of the Declarant (so long as Declarant owns any Lots): voting, assessments,
assessment liens or subordination of such liens, reserves for maintenance, repair and
replacements of Common Facilities, insurance or bonds; use of Common Facilities,
responsibility for maintenance or repairs, expansion or construction of the Project or the
addition, annexation or withdrawal of property to or from the Project, boundaries of Lots,
converting of Facilities into Common Facilities or vice versa; dedicating or transferring all
or any part of the Common Facilities to any public agency, authority or utility, leasing of
Lots; provisions for the benefit of the Declarant, provisions for benefit of first Mortgagees,
or holders, insures or guarantors of first Mortgages, the interests in Common Facilities; or
imposition of any right of first refusal or similar restrictions on the right of an Owner to
sell, transfer or otherwise convey a Lot, provided, that a Mortgagee who fails to respond
in writing within thirty (30) days of a written request to approve an amendment shall be
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE 19
deemed to have approved the request. In all events, the amendment when adopted shall bear
the signature of the president of the Association and shall be attested by the secretary, who
shall state whether the amendment was properly adopted, and shall be acknowledged by
them as officers of the Association. Amendments once properly adopted shall be effective
upon recording in the appropriate governmental offices where real estate conveyances are
recorded for the county in which the Project is located. It is specifically covenanted and
understood that any amendment to this Declaration properly adopted will be completely
effective to amend any or all of the covenants, conditions and restrictions contained herein
that may be affected and any or all clauses of this Declaration unless otherwise specifically
provided in the Section being amended or the amendment itself. Notwithstanding the
foregoing, this Declaration may not be amended to eliminate the requirement to own and
maintain the Common Facilities as described in Article 2, as required by approval of this
Project, without the prior approval of the City of Renton.
13.2 Amendments to Conform to Lending Institution Guidelines. Declarant,
upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners with an
irrevocable power coupled with an interest, may at any time, until all Lots have been sold
by Declarant, file an amendment to the Declaration to conform data depicted therein to
improvements as actually constructed and to establish, vacate and relocate utility
easements and access road easements.
ARTICLE 14
INSURANCE
14.1 Insurance. The Board shall have authority in the exercise of its discretion
to obtain and maintain at all times as a common expense a policy or policies and bonds of
liability insurance and property insurance covering the ownership, use and operation of all
the Common Facilities (and Common Facility improvements), if any, including common
personal property and supplies belonging to the Association; fidelity coverage for
Association Board members (including Declarant), officers, employees or agents, and such
other insurance as the Board may deem advisable or as may be required by the Federal
National Mortgage Association, Federal Home Loan Mortgage Association, Veterans
Administration or similar agencies or lending institutions. In the event of damage to or
destruction of any part of the Common Facility improvements, the Association shall repair
or replace the same from the insurance proceeds available. If such insurance proceeds are
insufficient to cover the costs of repair or placement of the property damaged or destroyed,
the Association may make a reconstruction assessment against all Lot Owners to cover the
additional cost of repair or replacement not covered by the insurance proceeds, in addition
to any other common assessments made against such Lot Owners.
PACE20 Declaration of Covenants, Conditions; and Restrictions of Day Short Plat
ARTICLE 15 MISCELLANEOUS
15.1 Notices. Any written notice, or other document as required by this
Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly
provided for herein to the contrary with regard to the type of notice being given, shall be
deemed to have been delivered and received forty-eight (48) hours after a copy thereof has
been deposited in the United States first-class mail, postage prepaid, properly addresses as
follows:
(a) If to an Owner, other than Declarant, to the registered address of
such Owner, as filed in writing with the Board pursuant to the requirements of the Bylaws,
or if no such address is filed, then to the address of the Owner's Lot.
(b) If to Declarant, whether in its capacity as an Owner, or in any other
capacity, to the address which Declarant shall have advised the Board in writing.
(c) Prior to the expiration of the Declarant's management authority
pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be
posted by the Board at all times in a conspicuous place or to the registered office of the
Association. In addition, from and after the expiration of the Declarant's management
authority, notice of the address of the Association shall be given by the Board to each
Owner, within a reasonable time after the Board has received actual notice of such Owner's
purchase of a Lot.
15.2 Conveyance, Notice Required. The right of an Owner to sell, transfer, or
otherwise convey his/her Lot shall not be subject to any right of approval, disapproval, first
refusal, or similar restriction by the Association or the Board or anyone acting on their
behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board at least
two (2) weeks before closing, specifying the Lot being sold; the name and address of the
purchaser, of the closing agent, and of the title insurance company insuring the purchaser's
interest, and the estimated closing date. The failure of an Owner to properly give such
notice to the Board shall not invalidate the sale. The Board shall have the right to notice the
purchaser, the title insurance company, and the closing agent of the amount of unpaid
assessments and charges outstanding against the Lot, whether or not such information is
requested.
15.3 Successor and Assigns. This Declaration shall be binding upon and shall
inure to the benefits of the heirs, personal representatives, successors and assigns of
Declarant, and the heirs, personal representatives, grantees, lessees, subleases and
assignees of the Owners.
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PtJGE21
15.4 Joint and Several Liability. In the case of joint ownership of a Lot, the liability
of each of the Owners thereof in connection with the liabilities and obligations of Owners set forth
in or imposed by this Declaration shall be joint and several.
15.5 Mortgagee’s Acceptance.
15.5.1 Priority of Mortgage. This Declaration shall not initially be binding
upon any Mortgagee of record at the time of recording of this Declaration but rather shall be
subject and subordinate to said Mortgage.
15.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate
the conveyance of title to any Lot until each Mortgagee of record at the time of recording of this
Declaration shall have accepted the provisions of this Declaration and made appropriate
arrangements for partial release of Lots from the lien of said Mortgage. The issuance and
recording of the first such partial release by said Mortgagee shall constitute its acceptance
of the provisions of this Declaration and acknowledgment that this Declaration is binding upon
all of the Lots remaining subject to its Mortgage, provided, that, except as to Lots so released, said
Mortgage shall remain in full effect.
15.6 Severability. The provisions hereof shall be deemed independent and severable,
and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof
shall not affect the validity or enforceability of any other provision hereof.
15.7 Effective Date. The Declaration shall take effect upon recording.
15.8 Government Right of Access. Governmental entities shall have rights of access
and inspection for the Common Facilities and any drainage facilities contained therein.
IN WITNESS WEREOF TUSCANY CONSTRUCTION, LLC have executed this
Declaration the day and year first hereinabove written
TUSCANY CONSTRUCTION, LLC
a Washington limited liability company
By: ___________________
Name: __________________________
Its:
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE26
STATE OF WASHINGTON )
) ss.
COUNTY OF )
The undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, affirms that personally appeared before me, and said person
acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the MANAGER of TUSCANY
CONSTRUCTION, LLC, a Washington nonprofit corporation, to be the free and voluntary act
and deed of such party for the uses and purposes mentioned in the instrument.
SIGNED AND SWORN to before me on this day of , 2022.
(Print Name)
Notary Public, Residing at
My appointment expires ____________________
Declaration of Covenants, Conditions and Restrictions of Day Short Plat PAGE27
EXIDBIT A
Legal Description of the Project
Real property in the County of King, State of Washington, described as follows:
To be provided when available.