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HomeMy WebLinkAboutHaevin Ridge_HOA_21484-F-CC&Rs-2024-02-2821484D001-CC&Rs Page 1 of 23 Return Address: Terrance Randall Wilson Wilson Law Group of Washington P.O. Box 158 Kent, WA 98035 (206) 805-6238 Please print or type information WASHINGTON STATE RECORDER’S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): Declaration of Covenants, Conditions, and Restrictions for Haevin Ridge, a Short Plat Community Reference Number(s) of Document(s) Assigned or Released: ______________________________ Grantor(s): 1. JSHK Investments, LLC Grantee(s): 1. JSHK Investments, LLC 2. Haevin Ridge Homeowners’ Association Legal Description (abbreviated: i.e. lot, block, plat or Section, township, range): Lots 1 through 6, inclusive, and Tracts A through D, inclusive, of Haevin Ridge, a Short Plat Community, as recorded under Recording No. ______________________________ Additional legal is on page 2 of document. Assessor's Property Tax Parcel/Account Number(s): Not yet assigned 322305-9075 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. 21484D001-CC&Rs Page 2 of 23 DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HAEVIN RIDGE, A SHORT PLAT COMMUNITY This community is subject to the full provisions of RCW 64.90, the Washington Uniform Common Interest Ownership Act. THIS DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS FOR HAEVIN RIDGE, a Short Plat Community (“Declaration”) is made by JSHK Investments, LLC, a Washington limited liability company (the “Declarant”), as the legal owner of that certain real property situated in King County, Washington, as legally described as follows (the “Property”): The North half of the north half of the east half of the east half of the southeast quarter of the southeast quarter of Section 32, Township 23 North, Range 5 East, W.M.; Except the south 157 feet thereof; and except any public road right of way. RECITALS Declarant has developed or is developing the plat of Haevin Ridge as a residential community consisting of six (6) Lots and four (4) Tracts (collectively the “Community”) on the Property. Declarant desires to enhance and protect the value, desirability, and attractiveness of the Property for the benefit of the Owners thereof and the Owners’ heirs, successors, and assigns. Declarant also desires to create common areas and facilities for the benefit of the Community and to provide for the preservation of the natural values within the Community. This Declaration establishes a plan for the private ownership of Lots and the buildings constructed thereon, and for the dedication of certain areas to the members of the Community or the public. This Declaration further establishes that certain land and related easements within the Property are to be owned by a nonprofit corporation homeowners’ association as Common Areas as further described herein for the benefit of the Owners within the Community. The nonprofit corporation shall be delegated and assigned the duties and powers of maintaining and administering the Common Areas; administering and enforcing these covenants, conditions, and restrictions; and collecting and disbursing the assessments and charges created herein. NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Property as defined herein, and the buildings and structures now or hereafter constructed thereon are and will be held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictions, and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and attractiveness of the Haevin Ridge community for the benefit of the Owners thereof and their heirs, successors, grantees, and assigns. All provisions of this Declaration shall be binding upon all parties having or acquiring any right, title, or interest in the Property or any part thereof, and shall inure to the benefit of the Owners thereof and to the benefit of the Association, and are intended to be and shall in all respects be regarded as covenants running with the land. ARTICLE 1 - DEFINITIONS 1.1. “ACC” shall mean and refer to the Architectural Control Committee as further defined in Article 5 herein. 1.2. “Association” shall mean and refer to the Haevin Ridge Homeowners’ Association, a Washington nonprofit corporation, and its successors and assigns. 21484D001-CC&Rs Page 3 of 23 1.3. “Association Action” shall mean and refer to a written corporate action of the Association in the form of either a bylaw or resolution duly passed by the Declarant, the Board, or the Owners, as appropriate. 1.4. “Board” shall mean and refer to the board of directors of the Association. 1.5. “Common Areas” shall mean and refer to those areas or improvements owned or maintained by the Association for the benefit of the Owners, as further defined in Article 8 herein. 1.6. “Common Expenses” shall mean and refer to all sums lawfully assessed against Owners by the Association for expenses of administration, maintenance, repair, or replacement of the Common Areas, which costs are further defined in Section 8.2 herein. 1.7. “Declarant” shall mean and refer to JSHK Investments, LLC, a Washington limited liability company, and its successors and assigns. 1.8. “Declaration” shall mean and refer to this instrument, including all supplements or amendments thereto. 1.9. “Declarant Control Period” shall mean and refer to the period of time from the date of recording of this Declaration until the earliest of: 1.9.1. Sixty (60) days after conveyance of seventy-five percent (75%) of the Lots to Owners other than Declarant; 1.9.2. Two (2) years after the last conveyance of a Lot, except to a dealer; 1.9.3. The day Declarant, after giving written notice to all Lot Owners, records an amendment to the Declaration voluntarily surrendering all rights to appoint and remove officers and Board members. 1.10. “Final Plat” shall mean and refer to the recorded subdivision of Haevin Ridge, City of Renton Short Plat File No. LND20-0657, as recorded in Volume __ pages __ through __, under Recording No. ____________________________, records of King County, Washington. 1.11. “Governing Documents” shall mean and refer to this Declaration and the Articles of Incorporation, Bylaws, and rules and regulations of the Association, including all supplements and amendments thereto. 1.12. “Lot” shall mean and refer to any legally segmented and alienable portion of the Property created through subdivision or any other legal process for dividing land and subjected to the Declaration by an appropriate recording, with the exception of dedicated rights-of-way and Tracts. 1.13. “Mortgage” shall mean and refer to any recorded mortgage or deed of trust encumbering any Lot(s). “First Mortgage” shall mean and refer to a Mortgage with priority over other Mortgages. “Mortgagee” shall mean and refer to the holder or beneficiary of any Mortgage and shall not be limited to Institutional Mortgagees. “Institutional Mortgagee” or “Institutional Holder” shall include banks, trust companies, insurance companies, mortgage companies, mortgage insurance companies, savings and loan associations, trusts, mutual savings banks, credit unions, pension funds, Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, all corporations, and any agency of department of the United States Government or of any state or municipal government. 21484D001-CC&Rs Page 4 of 23 1.14. “Owner” shall mean and refer to the record owner (whether one or more persons or entities) of a fee interest in any Lot, including Declarant but excluding Mortgagees or other persons or entities having such interest merely as security for the performance of any obligation. Purchasers or assignees under recorded real estate contracts shall be deemed Owners as against their respective sellers or assignors. 1.15. “Property” shall mean and refer to that certain real property legally described herein, and such additions thereto as may hereafter be made subject to the terms and conditions of this Declaration by an appropriate recording. 1.16. “Reserve Account” shall mean and refer to one or more accounts, if any, for the deposit of funds, if any, for the replacement costs of Reserve Components. Any Reserve Account must be an income- earning account maintained under the direct control of the Board. 1.17. “Reserve Component” shall mean and refer to a Common Area for which the cost of maintenance, repair, or replacement is infrequent, significant, and impractical to include in the annual budget of the Association. 1.18. “Reserve Study Professional” shall mean and refer to an independent person who is suitably qualified by knowledge, skill, experience, training, or education to prepare a reserve study meeting the requirements of RCW 64.90.550. 1.19. “Significant Assets” shall mean and refer to a Reserve Component for which the current replacement value is seventy-five percent (75%) or more of the gross budget of the Association, excluding the Association’s Reserve Account funds. 1.20. “Single Family” shall mean and refer to a single housekeeping unit that includes not more than four (4) adults who are legally unrelated. 1.21. “Special Declarant Rights” shall mean rights reserved for Declarant’s benefit to: 1.21.1. Complete any improvements indicated on the Final Plat or described in this Declaration; 1.21.2. Maintain models, sales/management offices, and signs within the Community as long as Declarant owns a Lot within the Community; 1.21.3. Use easements, and/or Tracts owned by the Association or Lot Owner(s), and/or Lots owned by Declarant for the purpose of making improvements within the Community; 1.21.4. During the Declarant Control Period, appoint or remove any officer or Board member of the Association, or veto or approve a proposed action of the Board; 1.21.5. Attend meetings of the Lot Owners and, except during an executive session, the Board; 1.21.6. Have access to the records of the Association to the same extent as an Owner. 1.22. “Structure” shall include any building, fence, wall, driveway, walkway, patio, garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming pool, rockery, dog run, or the like. 1.23. “Tract” shall mean and refer to any legally segmented and alienable portion of the Property created through subdivision or any other legal process for dividing land and subjected to this Declaration by an appropriate recording, with the exception of Lots and dedicated rights-of-way. 21484D001-CC&Rs Page 5 of 23 1.24. “WUCIOA” shall mean and refer to the Washington Uniform Common Interest Ownership Act (RCW 64.90). ARTICLE 2 - HOMEOWNERS’ ASSOCIATION 2.1. Description of Association. The Association is a nonprofit corporation organized and existing under WUCIOA and the laws of the State of Washington, and is charged with the duties and vested with the powers prescribed by law and set forth in the Governing Documents. The Association shall have a perpetual existence. Upon dissolution or final winding up of the Association corporate entity under the laws of the State of Washington, all of the Association’s assets remaining after payment to creditors shall be distributed or sold, and the sales proceeds distributed to the members of the Association entity in accordance with the Governing Documents and the provisions of RCW 24.03. The Owners are responsible for providing that the Association continues to be a functioning legal entity. 2.2. Association Board. During the Declarant Control Period, Declarant shall manage the Association and shall have all the powers of the Board set forth herein. Upon termination of the Declarant Control Period, a Board shall be elected by the Owners as provided in the Bylaws. The Board shall elect officers of the Association from among the Board members as provided in the Bylaws. 2.3. Votes Appurtenant to Lots. The number of votes in the Association shall be equal to the number of Lots within the Property. Every Owner shall be a member of the Association and shall be allocated one (1) vote for each Lot owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall not be separated from ownership of the Lot to which it relates. When more than one person or entity holds the beneficial fee interest in any Lot, the vote therefor shall be cast as the Owners amongst themselves determine, but in no event shall more than one vote be cast with respect to any Lot; and if the several Owners of a Lot are unable to agree as to the casting of their vote, such vote shall not be counted. If a Lot is further subdivided, the Owner of each additional Lot created shall be entitled to one vote for each Lot owned. 2.4. Owner’s Compliance. By acceptance of a deed to a Lot, recording of a real estate contract conveying title to a Lot, or any other means of acquisition of an ownership interest, the Owner thereof covenants and agrees, on behalf of the Owner and the Owner’s heirs, successors, and assigns, to observe and comply with the terms of the Final Plat, this Declaration, the Governing Documents, and all rules and regulations duly promulgated pursuant to Association Action. 2.5. Bylaws, Rules, and Regulations. The Board, on behalf of the Association, shall have the power to adopt, modify, and amend rules and regulations governing the use of the Property, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and regulations shall apply uniformly to all Owners, except as specifically provided herein. The Board shall have the power to enforce the rules and regulations on behalf of the Association, and may prescribe penalties for the violation of such rules and regulations, including, but not limited to, suspension of the right to use the Common Areas or portions thereof, if any. Any such rules and regulations shall become effective thirty (30) days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations then in force shall be retained by the secretary of the Association. Declarant, on behalf of the Board, may adopt the initial Bylaws and rules and regulations of the Association. 2.6. Implied Rights. The Association may exercise any right or privilege granted expressly by this Declaration or the Bylaws or that may be reasonably implied from or reasonably necessary to effectuate any such right or privilege. 21484D001-CC&Rs Page 6 of 23 2.7. Association Property. The Association, through action of its Board, may acquire, hold, and dispose of tangible and intangible personal property and real property. ARTICLE 3 - ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS 3.1. Owner’s Covenants to Pay Assessments. By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of the Owner and the Owner’s heirs, successors, and assigns, to pay the Association, in advance, all general and special assessments levied as provided herein. 3.2. Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually, in accordance with generally accepted accounting principles. The operating budget shall set forth all sums required by the Association, as estimated by the Association, to meet its annual costs and expenses, including, but not limited to the cost of: Association management and administration; operation and maintenance of the Common Areas; services furnished to or in connection with the Common Areas; all taxes and assessments levied against the Common Areas; liability, property, and other insurance on the Common Areas; services furnished by or to the Association; utilities and other services; and funding all reserves, if any, established by the Association. The funds required to meet the Association’s annual expenses shall be raised from a general assessment against each Owner as provided herein. After adoption of the operating budget, the Association may revise the operating budget at any time in accordance with the procedures set forth in this Section as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. 3.2.1. Ratification of Budget. Within thirty (30) days after adoption of any proposed budget for the Community, the Board must provide a copy of the budget to all Owners and set a date for a meeting of the Owners to consider ratification of the budget, which meeting shall occur not less than fourteen (14) nor more than fifty (50) days after providing the budget. Unless at that meeting the Owners of Lots to which a majority of the votes in the Association are allocated reject the budget, the budget and the assessments against the Lots included in the budget are ratified, whether or not a quorum is present. If the proposed budget is rejected or the required notice is not given, the periodic budget last ratified by the Owners continues until the Owners ratify a subsequent budget proposed by the Board. 3.2.2. Budget Summary. As part of the summary of the budget provided to all Owners, the Board shall disclose to the Owners: a. The projected income to the Association by category; b. The projected Common Expenses by category; c. The amount of the general assessment per Lot and the date the assessments are due; d. The current amount of general assessments budgeted for contribution to the reserve account, if any; e. A statement of whether the Association has a Reserve Study that meets the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of that Reserve Study; and f. The current deficiency or surplus in reserve funding expressed on a per Lot basis. 21484D001-CC&Rs Page 7 of 23 3.3. Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, the Association shall by Association Action determine a general assessment, and shall levy said assessment in advance on every Lot. During the Declarant Control Period, the amount of the annual assessment, if any, shall be determined by Declarant. After expiration of the Declarant Control Period, the amount of each Lot’s general assessment shall be the amount of the Association’s operating budget divided by the number of Lots. For each Lot, the first annual assessment, if any has been established, shall be adjusted according to the number of days remaining in the calendar year calculated from the date of recording of the Final Plat. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least thirty (30) days in advance of the beginning of such period and shall at that time prepare a roster of the Owners and the general assessment allocated to each. The roster shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each Owner; provided, however, that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period, to fix the amount of the general assessment for that period or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Section or a release by any Owner from the obligation to pay the general assessment, or any installment thereof, for that or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which such budget was prepared, the Association shall, if necessary, revise the general assessment levied against Lots and give notice to each Owner. 3.4. Payment of General Assessment. Upon Association Action, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board. Unless the Board otherwise provides, one-twelfth (1/12th) of the general assessment shall be due in advance on the first day of each calendar month. Any Owner may prepay one or more installments on any assessment levied by the Association without penalty. 3.5. Nondiscriminatory Assessment. Except as otherwise specifically provided herein, no assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment may be made against a particular Owner and Owner’s Lot by a two-thirds (2/3) majority vote of the Board if, after notice from the Association of failure to maintain such Lot in a condition comparable to the other Lots has been given, the Association elects to expend funds to bring such Owner’s Lot up to such comparable standard. 3.6. Commencement of Assessments. Assessments for Common Expenses must commence on all Lots upon the conveyance of the first Lot in the Community; however, Declarant may elect to delay commencement of assessments for some or all Common Expenses, in which event Declarant must pay all of the Common Expenses that been delayed. Liability of an Owner for assessments shall commence on the date upon which any instrument of transfer to such Owner becomes effective (such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot) or, if earlier, the commencement date of Owner’s occupancy of such Lot. 3.7. Certificates of Assessment Payment. Upon request, the Board shall furnish written certificates certifying the extent to which assessment payments on a specified Lot are paid and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate. 21484D001-CC&Rs Page 8 of 23 3.8. Working Capital Assessment. Unless Declarant waives this requirement in writing, upon the initial closing on any Lot from Declarant, the buyer thereof shall pay a one-time working capital assessment in the amount of Five Hundred and No/100 Dollars ($500.00). This amount shall be deposited by the buyer into the purchase and sale escrow and disbursed therefrom to the Association or to Declarant on behalf of the Association. This amount shall be in addition to any general assessment established by the Association, and shall be paid by all buyers, including builders. 3.9. Initial Reserve Account Contribution. Unless Declarant waives this requirement in writing, upon acquisition of record title to a Lot, the buyer thereof shall pay a one-time initial reserve account contribution in the amount of Five hundred and No/100 Dollars ($500.00). This amount shall be deposited by the buyer into the purchase and sale escrow and disbursed therefrom to the Association or to Declarant on behalf of the Association. This amount shall be in addition to any general assessment established by the Association, and shall be paid by all buyers, including builders. 3.10. Special Assessments. In addition to the general assessments authorized by this Article, the Board may propose a special assessment or assessments at any time, applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Areas, including necessary fixtures and personal property related thereto, or for such other purpose as the Association may consider appropriate, including maintenance of a Lot as provided herein. The due dates of any special assessment payments shall be fixed by the Association Action authorizing such special assessment. The special assessment is effective only if the board follows the procedures for ratification of a budget described herein and the Owners do not reject the proposed special assessment. The Board may provide that the special assessment may be due and payable in installments over any period it determines, and may provide a discount for early payment. 3.11. Effect of Nonpayment of Assessment / Enforcement / Liens. The Association has a statutory lien on each Lot for any unpaid assessment from the time such assessment is due until the assessment is paid in full. In addition to and without in any way limiting any other rights available at law or in equity, this lien may be foreclosed by the Association or any Owner in the same manner as foreclosing a mortgage on real property. This lien shall stay in existence until paid in full and shall not be terminated or otherwise affected by the sale or transfer of the Lot of the defaulting Owner. All assessments not paid within thirty (30) days of ratification of a budget shall bear interest at twelve (12%) per annum until paid in full, and the defaulting Owner shall be liable for all costs and attorneys’ fees incurred by virtue of that Owner’s failure to pay assessments, including, but not limited to, all costs and attorneys’ fees in the foreclosure of an assessment lien. In addition to being a lien on the Lot of the defaulting Owner, the amount of any assessment, plus interest and costs and attorneys’ fees as provided herein, shall be the personal liability of the Owner of the Lot at the time the unpaid assessment was due. 3.12. Suspension for Nonpayment of Assessment. If an Owner is in arrears in the payment of any assessment due, or is otherwise in default of the performance of any terms of the Governing Documents of the Association for a period exceeding thirty (30) days, said Owner’s use of the Common Areas may, without the necessity of any further action by the Association, be suspended and may remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of liability for assessments by nonuse of the Common Areas or by abandonment of a Lot. 3.13. Failure to Comply Does Not Relieve Owners. An Owner’s duty to pay for Common Expenses is not excused, and a budget ratified by the Owners is not invalidated, because of the Association’s failure to comply with the Reserve Study or Reserve Account requirements. 21484D001-CC&Rs Page 9 of 23 3.14. Certain Areas Exempt. The Tracts and all portions within the Property dedicated to and accepted by a public authority shall be exempt from assessments by the Association. ARTICLE 4 - RESERVE ACCOUNT AND RESERVE STUDY 4.1. Reserve Account for Repair or Replacement. If the Association is required to obtain a Reserve Study pursuant to Section 4.3, then the Association shall establish and maintain one or more Reserve Accounts. Any Reserve Account must be an income-earning account maintained under the direct control of the Board. Any Reserve Account shall be for the purpose of effecting the major maintenance, repair, or replacement of the Common Areas and any improvements and community facilities thereon, and for equipment replacement, and for operating contingencies of a nonrecurring nature. The proportional interest of any Owner in any Reserve Account shall be considered an appurtenance of that Owner’s Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it appertains. 4.2. Withdrawals from Reserve Account. In addition to withdrawals for the purposes set forth in Section 4.1, the Board may withdraw funds from the Association’s reserve account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the Reserve Components. Any such withdrawal must be recorded in the minute books of the Association. The Board must give notice of any such withdrawal to each Owner, and must adopt a repayment schedule not to exceed twenty-four (24) months unless the Board determines that repayment within twenty-four (24) months would impose an unreasonable burden on the Owners. The Board must provide to the Owners along with the annual budget adopted as outlined herein in accordance with Section 3.2 (a) notice of any such withdrawal, (b) a statement of the current deficiency in reserve funding expressed on a per Lot basis, and (c) the repayment plan. The Board may withdraw funds from a Reserve Account without satisfying the notification of repayment requirements under this Section to pay for replacement costs of Reserve Components not included in the Reserve Study. 4.3. Reserve Study. Unless the Community has only nominal reserve costs or the cost of a Reserve Study or update exceeds ten percent (10%) of the Association’s annual budget, the Association must prepare and update a Reserve Study in accordance with the requirements of RCW 64.90.550. An initial Reserve Study must be prepared by a Reserve Study Professional and based upon either a Reserve Study Professional's visual site inspection of completed improvements or a review of plans and specifications of or for unbuilt improvements, or both when construction of some but not all of the improvements is complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection conducted by the Reserve Study Professional. 4.3.1. Owner Demand. When more than three (3) years have passed since the date of the last Reserve Study prepared by a Reserve Study Professional, the Owners to which at least twenty percent (20%) of the votes are allocated may demand in writing to the Association that the cost of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of that budget year. The written demand must refer to RCW 64.90.555. The Board shall, upon receipt of the written demand, include the cost of a Reserve Study in the next budget and, if that budget is not rejected by the Owners pursuant to Section 3.2, arrange for the preparation of a Reserve Study. 4.4. Limitations on Liability Related to Reserve Account and Reserve Studies. Except for attorneys’ fees and costs under RCW 64.90.555(2), monetary damages or other liability may not be awarded against or imposed upon the Association or its officers or Board members, or upon any person who may have provided advice or assistance to the Association or its officers or Board members, for failure to establish or replenish a Reserve Account, have a current Reserve Study prepared or updated as required, or make reserve disclosures as required. 21484D001-CC&Rs Page 10 of 23 ARTICLE 5 - ARCHITECTURAL CONTROL COMMITTEE 5.1. Architectural Control Committee. During the Declarant Control Period, Declarant may serve as the Architectural Control Committee (“ACC”), or may appoint an ACC. After expiration of the Declarant Control Period, an ACC consisting of at least three (3) members, but in any event always an odd number of members, shall be appointed by the Board with the rights and powers set forth in this Declaration. ACC members shall not be entitled to compensation for their services hereunder, except as may be determined by the Board. 5.2. Jurisdiction and Purpose. The ACC shall review proposed plans and specifications for construction of all residences and other Structures within the Property, including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving, and excavation. During the Declarant Control Period, a prospective Owner shall submit architectural and landscaping plans and specifications to the ACC for its review prior to closing the purchase of a Lot. Prior to submittal to the ACC, the Owner shall verify all improvements meet all local municipal codes. The ACC assumes no liability and holds no authority to approve, permit, or allow any construction on behalf of local governing authorities. The ACC may adopt and publish rules and procedures for the review of such plans and specifications. It shall be the obligation of each Owner or prospective Owner to be familiar with the rules and procedures of the ACC. As conditions precedent to approval of any matter submitted to it, the ACC shall find that: 5.2.1. Consistent with Declaration. The approval of the plan is in the best interest of the Community and is consistent with this Declaration. 5.2.2. General Considerations. General architectural considerations have been designed to be compatible with the overall design of the Community, including relationship and layout of Structures to natural features and adjacent homes; orientation and location of buildings; vehicular access, circulation and parking; setbacks; height; walls; fences; and similar elements. 5.2.3. Site Considerations. General site considerations have been designed to be compatible with the overall design of the Community, including site layout, relationship of site to vegetation, natural features, open space, and topography; orientation and locations of buildings; vehicular access, circulation and parking; driveway lighting; setbacks; height; walls; fences; and similar elements. 5.2.4. Landscaping. General landscape considerations have been considered to ensure visual relief, to complement buildings and Structures, and to provide an attractive environment for the enjoyment of the Owners in general and the enhancement of the property values in the Community, including the location, type, size, color, texture, and coverage of plant materials; provisions for irrigation; maintenance; and protection of existing landscaped areas and similar elements. 5.2.5. Siding. Without limiting the foregoing, each residence, improvement, or Structure constructed on a Lot shall be built of new materials except that, with approval of the ACC, decorative items such as used brick, weathered planking, and similar items may be incorporated. All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors commonly known as earth tones. 5.2.6. Roofing. The roof shall be a composition roof with at least a 30-year life. 5.2.7. Entry Walks, Porches, and Decks. All front entry walks shall be concrete, and all decks and wood porches shall be constructed of cedar, pressure-treated, or composite materials. 21484D001-CC&Rs Page 11 of 23 5.2.8. Driveways. All driveways shall be constructed of concrete paving. 5.2.9. Local Codes. All buildings or Structures shall be constructed in accordance with all applicable codes and regulations. In the event of a conflict between any applicable codes and this Declaration, the codes shall govern. 5.3. Approval Procedures. Two copies of a preliminary application for approval must be submitted in writing to the ACC at the registered office of the Association. Within fifteen (15) days following receipt of a preliminary application, the ACC shall notify the applicant in writing as to whether the application is complete and, if not, of any additional information that may be required before the ACC can review the application. The ACC’s rules and procedures may specify the payment of a reasonable nonrefundable fee for the purpose of defraying the costs associated with the ACC’s review of the preliminary application. This fee may be adjusted from time to time by the ACC in accordance with its rules and procedures. The ACC shall review the application as soon as possible after a complete application has been filed. The decision of a majority of the members of the ACC shall be the decision of the ACC. One copy of approved plans will remain in the ACC’s files; the second copy of approved plans will be returned to the applicant. All disapproved plans will be returned to the applicant. 5.4. Failure of the ACC to Take Action. Except as provided in Section 5.6, in the event that the ACC fails to respond to an applicant’s complete and properly submitted application within thirty (30) days after the ACC has notified the applicant that the application is complete, formal written approval will not be required, and the applicant shall be deemed to have fully complied with the provisions for approval. 5.5. ACC’s Obligation. The ACC, in its deliberations and in the discharge of its obligations hereunder, shall act objectively and fairly in making decisions concerning various plans, specifications, plot plans, and landscape plans submitted to it by various applicants for consideration in accordance with the provisions of this Declaration. Further, the determinations of the ACC as to noncompliance shall be in writing, signed by the ACC, and shall set forth in reasonable detail the reason for noncompliance. The ACC may approve, approve with conditions, or disapprove an application or any part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all local building codes and governmental requirements rests with the applicant. In consideration of the ACC’s review of an applicant’s application, the applicant shall indemnify and hold the ACC and the Association harmless from any claim or damages resulting from an applicant’s failure to comply with applicable building codes or other governmental requirements. 5.6. Exemptions and Variances from ACC Requirements. The ACC may, upon request, grant exemptions and variances from the rules and procedures of the ACC and the requirements of this Declaration when the applicant requesting such exemption or variance establishes to the satisfaction of the ACC that the improvements or other matters desired by the applicant are aesthetically as appealing, suited to climatic conditions, and compatible with the overall character of the Community as are similar improvements or matters that conform to the requirements of this Declaration. Requests for exemption or variance shall be submitted in writing to the ACC and shall contain such information as the ACC may require. The ACC shall consider applications for exemption or variance and shall render its decision within thirty (30) days after notice to the applicant of proper submission. Failure of the ACC to approve an application for an exemption or variance shall constitute disapproval of such application. 5.7. Failure of Applicant to Comply. Failure of the applicant to comply with the rules and procedures of the ACC or with the final decision of the ACC shall, at the election of the Association’s Board exercised after thirty (30) days’ written notice to such applicant, constitute a violation of this Declaration. In that event, the Board shall be empowered to assess a penalty commensurate with the violation, which shall constitute a lien against such Lot, enforceable as provided herein and/or 21484D001-CC&Rs Page 12 of 23 pursue any other remedy, including, but not limited to, an action for injunctive relief or specific performance. ARTICLE 6 - MORTGAGE PROTECTION 6.1. Intent of Provisions. The provisions of this Article apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the payment of the purchase price of a Lot. 6.2. Mortgagee’s Nonliability. The holder of a Mortgage shall not, by reason of its security interest only, be liable for the payment of any assessment or charge, nor for the observance or performance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the payment of money, and except as hereafter provided. 6.3. Mortgagee’s Rights During Foreclosure. During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights and privileges of the Owner of the encumbered Lot, including but not limited to the right to vote in the Association to the exclusion of the Owner’s exercise of such rights and privileges. 6.4. Mortgagee as Owner. At such time as a Mortgagee shall become the record Owner of the Lot previously encumbered by the Mortgage, the Mortgagee shall be subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same manner as any Owner. 6.5. Survival of Assessment Obligation. After the foreclosure of a security interest in a Lot, any unpaid assessments shall continue to exist and remain as a personal obligation of the Owner against whom the same was levied, and the Association shall use reasonable efforts to collect the same from such Owner. 6.6. Subordination of Assessment Liens. The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest placed upon a Lot as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not affect the liens provided for in this Declaration except as otherwise specifically provided for herein, and in the case of a transfer of a Lot for purposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of completion of foreclosure. ARTICLE 7 - USE COVENANTS, CONDITIONS AND RESTRICTIONS 7.1. Authorized Uses. The Lots may be used for Single-Family residential purposes only, but including home occupation or business uses permitted by applicable law. The home on each Lot may not be subdivided in any manner. After expiration of the Declarant Control Period, no Lot shall be further subdivided, except as permitted in this Declaration, without prior approval conferred by Association Action. All rentals must be by written lease or rental agreement and include essentially the following language: “Tenant understands that the premises are subject to the Declaration of Covenants, Conditions, and Restrictions for Haevin Ridge, a Short Plat Community, which is attached hereto. Tenant agrees to, in all respects, abide by and conform to all requirements of that Declaration of Covenants, Conditions, Restrictions, and Easements, and any applicable supplements, addendums, or amendments.” A complete copy of the Declaration must be included as an exhibit to the lease or rental agreement. Each Owner renting or leasing a Lot shall be responsible and liable hereunder for all actions of the Tenants of said Lot. Any 21484D001-CC&Rs Page 13 of 23 enforcement of the Covenants based on the actions of a Tenant shall run against the Owner of said Lot. 7.2. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept within the Property except as specifically provided herein. Domesticated dogs, cats, or other conventional household pets may be kept if they are not kept, bred, or maintained for any commercial purposes, and all animals must be in compliance with applicable codes and regulations. “Other conventional household pets” shall include only traditionally domesticated pets and shall not include any form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited within the Property. No domestic pet may be kept if its presence or actions constitute a public or private nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When not confined to the Owner’s Lot, in compliance with local ordinance or code, pets within the Property shall be leashed and accompanied by a person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain, etc. while outdoors on a Lot within the Property for longer than two (2) hours at a time. 7.3. Commercial Uses. No commercial enterprise, including itinerant vendors, shall be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations, permit specified home occupations to be conducted if allowed by law and if such occupation will not, in the reasonable judgment of the Association, cause traffic congestion or other disruption of the Community; and provided further that no signs or advertising devices of any character shall be permitted. 7.4. Vehicle and Other Storage. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles, or other equipment or device shall be permitted in open view from adjoining streets or roadways, except this shall not exclude temporary (less than forty-eight (48) hours) parking of same, provided any such parking does not block or prohibit vehicular access within the Community. Upon forty-eight (48) hours’ notice to the Owner of improperly parked or stored goods, vehicle, boat, or other equipment, the Association has authority to have any such item removed at the Owner’s expense. 7.5. Garbage. All garbage, trash, yard and food waste, household recyclables, and other similar debris and discardables shall be placed in appropriate sanitary containers that are screened so as not to be visible from adjoining streets or roadways. No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt, and debris resulting from landscaping work or Construction shall not be dumped onto adjoining Lots or streets or roadways. Owners are responsible for moving their respective garbage, recycling, and trash containers to an appropriate pickup location at the curb during a 24-hour period around the pickup date. 7.6. Parking. Parking stalls within the Property are designated for exclusive use by the respective Lots on which they are located as shown on the Haevin Ridge Short Plat and/or approved building plans. No vehicle or other item may be placed or stored in a way that would limit, block, or materially interfere with the right of each Owner and/or occupant to access their Lot’s designated parking stall or to prevent the use of that parking stall for its intended purposes. In addition, no camper, trailer, motor home, boat, other recreational vehicle, or inoperable vehicle may be parked outside on any Lot, except this shall not prohibit temporary (less than 48 hours) parking of same. 7.7. Sprinkler Systems. Each Owner shall coordinate with an appropriately licensed and qualified professional to conduct formal testing and inspection of the fire sprinkler system interior to that Owner’s Lot, if any, as may be required by the City of Renton or other authority. All such testing and inspection shall be at that Owner’s expense. 21484D001-CC&Rs Page 14 of 23 7.8. Utilities Underground. Except for hoses and the like that are reasonably necessary in connection with normal yard maintenance, no water pipe, sewer pipe, gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the surface of the ground. 7.9. Signs. Except for entrance, street, directional, traffic control, and safety signs, no promotional signs or advertising devices of any character shall be posted or displayed within the Property; provided, however, that one temporary real estate sign not exceeding six (6) square feet in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real estate sign shall be removed promptly following the sale or rental or such Lot or residence. 7.10. No Obstruction of Easements. No structure, planting, or other material shall be placed or permitted to remain upon the Property that may damage or interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard direction or flow of any drainage channels. 7.11. Antennas and Satellite Dishes. In compliance with 47 C.F.R. Section 1.4000, and any amendments or revisions thereto, the following (collectively “Antenna/Dish”) are permitted: 1) an antenna that is used to receive direct broadcast satellite service or to receive or transmit fixed wireless signals via satellite, provided that such antenna is one meter or less in diameter; and 2) an antenna that is used to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services, instructional television fixed services, and local multipoint distribution services, or to receive or transmit fixed wireless signals other than via satellite, provided that such antenna is one meter or less in diameter or diagonal measurement; and 3) an antenna that is used to receive television broadcast signals; and 4) a mast supporting an Antenna/Dish as described in this paragraph. No Antenna/Dish shall be erected or placed so that it is visible from the entry to the Property or the entry areas of any principal Structures. No Antenna/Dish shall be located on any Lot in a location that is visible from the adjoining streets or roadways. No Antenna/Dish shall be located at the front or side elevation of a principal Structure. In the event that an Owner cannot locate an Antenna/Dish in a location that is not visible from the adjoining streets and roadways because it will unreasonably interfere with the reception or will impose unreasonable costs on the Owner, the Owner may locate the Antenna/Dish in an alternate location that allows for adequate reception and signal strength and while still minimizing the impact of the installation of the Antenna/Dish. All such Antenna/Dish devices shall be properly screened. It is the Owner's responsibility to ensure that the Antenna/Dish is installed in the least obtrusive location on the Lot. Owners are encouraged, but not required, to submit a notice to the ACC identifying the type of Antenna/Dish to be installed and the location of the installation at least fourteen (14) days prior to the installation to allow the ACC time to review the location and determine whether an alternative, less obtrusive location can be used. In any event, an Owner shall notify the ACC after the installation of the Antenna/Dish to allow the ACC to review the placement of the Antenna/Dish. The ACC may: (i) require additional screening and/or the painting of the Antenna/Dish to match the color of the home so long as such action does not unreasonably interfere with the signal strength of the Antenna/Dish; or (ii) require the relocation of the Antenna/Dish if the ACC is able to determine that an alternative location may be used that is less visible or obtrusive, but still does not unreasonably interfere with the signal reception of the Antenna/Dish. Satellite dishes greater than one meter in diameter may be allowed by written consent of the ACC. 7.12. Clotheslines. No clotheslines may be placed outside on any Lot, including, but not limited to, the balcony, deck, and patio. No clothing, rugs, washing, or similar items may be placed or hung on any exterior portion of the Lot, including, but not limited to, the balcony, deck, and patio 21484D001-CC&Rs Page 15 of 23 7.13. Owners’ Maintenance Responsibilities. The maintenance, upkeep, and repair of individual Lots and Structures located thereon shall be the sole responsibility of the individual Owner thereof, and shall in no way be the responsibility of the Association, its agents, officers, or directors. Each Owner shall maintain that Owner’s Lot and the Structures thereon in good repair, free of rodents and pests, and in a clean, sightly, and sanitary condition at all times. Each Owner shall also maintain the landscaping on that Owner’s Lot, including removing all litter, trash, dead vegetation, refuse, and waste; lawn mowing so that the lawn is no higher than six inches (6”); tree and shrub pruning; watering landscaped areas; and keeping the lawn and garden areas alive, free of weeds, and attractive. No storage of firewood shall be permitted in front yards. After thirty (30) days’ written notice to an Owner from the Association of such Owner’s failure to so maintain the Owner’s Lot or Structures thereon, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, to enter upon any Lot that has been found to violate the foregoing standards in order to restore the Lot or the Structures thereon to such standards. The cost of such work shall be a special assessment on such Owner and such Owner’s Lot only. 7.14. Street Trees. Street Trees within the landscape strips in the Right of Way are owned and maintained by the City of Renton. Bioretention water quality system within the Right of Way is owned and maintained by the City of Renton. All other landscaping within the Right of Way landscape strips is maintained by the Association. 7.15. Weapons. No firearms of any kind or nature, including rifles, handguns, bows, slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within the Property except by authorized governmental officials. 7.16. Nuisances Prohibited. No noxious or offensive activity shall be conducted in any portion of the Property, nor shall anything be done or maintained therein in derogation or violation of the laws of the State of Washington or any other applicable governmental entity. Nothing shall be done or maintained on any portion of the Property that may be or become an annoyance or nuisance to the neighborhood or detract from the value of the Community. The Association shall determine by Association Action whether any given use of a Lot unreasonably interferes with the rights of the other Owners to the use and enjoyment of their respective Lots or of the Common Areas, and such determination shall be final and conclusive. 7.17. Preservation of Landscaping. No party subject to the terms of this Declaration or his/her/their agents, employees, or guests shall destroy or otherwise materially adversely impact landscaping within Common Areas and/or dedicated Tracts, or as otherwise governed by applicable laws, codes, and regulations. 7.18. Temporary Structures. No Structure or improvement of a temporary character, including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed, placed, or used on any Lot as a dwelling or residence, either temporarily or permanently. 7.19. Window Coverings. Within ninety (90) days of occupancy of a residence on a Lot, curtains, drapes, blinds, or valances shall be installed on all bedroom, bathroom, and closet windows. No newspapers, aluminum foil, bed sheets or other makeshift window coverings shall be visible from the exterior of the residence. 7.20. Fences. Declarant may construct fencing within the Community. Each Owner shall maintain the fencing on that Owner’s Lot. Where fences are located on the property line between two Lots (“Common Fence”), the Owners of both adjoining Lots shall both be considered as owners of the Common Fence, and shall share equally in the cost of any repair, maintenance, painting, staining, or replacing of the Common Fence, except when such cost is the result of damage caused by a single Owner or such Owner’s pet, family, guest, tenant, agent, workman, contractor, or other 21484D001-CC&Rs Page 16 of 23 licensee or invitee, in which case such cost shall be borne solely by such Owner. Owners of Common Fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the Owner seeking to exercise this right of entry shall, if practicable, give two (2) weeks written notice to the Owner of the adjoining property and further provided that no damage to the adjoining property shall be permitted, and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. Prior to replacing or constructing any fence, Owners shall first obtain approval from the ACC. Unless otherwise approved by the ACC, all fences must be stained to closely match the stain used by Declarant on the original fences. Owners shall use reasonable efforts to match the color of the stain used by Declarant on the original fences and shall present the color match sample to the ACC for approval. Unless otherwise authorized by the Board, no fence, wall hedge, or mass planting over three (3) feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a necessary retaining wall, the top of which does not extend more than two (2) feet above the finished grade at the back of said retaining wall. Prior to applying stain to any fence, Owners shall first obtain approval of the type of fence stain to be used from the ACC. Unless otherwise approved by the ACC, all fences must be stained to closely match the stain used by Declarant on the original fences. Owners shall use reasonable efforts to match the color of the stain used by Declarant on the original fences and shall present the color match sample to the ACC for approval. Unless otherwise authorized by the Board, no fence, wall hedge, or mass planting over three (3) feet in height, other than foundation planting, shall be permitted to extend nearer to any street than the minimum setback line; however, nothing shall prevent erection of a necessary retaining wall, the top of which does not extend more than two (2) feet above the finished grade at the back of said retaining wall. Where fences are located on the property line between two Lots (“Common Fence”), the Owners of both adjoining Lots shall both be considered as owners of the Common Fence, and shall share equally in the cost of any repair, maintenance, painting, staining, or replacing of the Common Fence, except when such cost is the result of damage caused by a single Owner or such Owner’s pet, family, guest, tenant, agent, workman, contractor, or other licensee or invitee, in which case such cost shall be borne solely by such Owner. Owners of Common Fences shall have the right to enter adjoining property on a temporary basis for purposes of such maintenance, provided the Owner seeking to exercise this right of entry shall, if practicable, give two (2) weeks written notice to the Owner of the adjoining property and further provided that no damage to the adjoining property shall be permitted, and the adjoining property shall be restored to a condition reasonably equivalent to its condition prior to such entry as soon as such maintenance or repair work is completed. 7.21. Lot Size Restriction. No Lot or portion of a Lot within the Property shall be divided and sold or resold or ownership changed or transferred, whereby the ownership of any portion of the Property shall be less than the area required for the use district or zone in which it is located. 7.22. Damage. Any damage to streets, plat improvements, entry structure, fences, landscaping, mailboxes, lights, or lighting standards by Lot Owners, their children, contractors, agents, visitors, friends, relatives, or service personnel shall be repaired and restored to like new condition by such Owner within twelve (12) days from the occurrence of such damage. After thirty (30) days’ written notice to an Owner from the Association of such Owner’s failure to so repair, and after approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its agents and employees, make such repairs on behalf of such Owner. The cost of such work shall be a special assessment on such Owner and such Owner’s Lot only. ARTICLE 8 - COMMON AREAS 8.1. Common Areas. The Association shall manage and control the Common Areas for the benefit of the Owners. Except as otherwise limited by law, prior restriction, or the restrictions set forth in this 21484D001-CC&Rs Page 17 of 23 Declaration, each Owner shall have a non-exclusive right to use and enjoyment of the Common Areas. As of the date of recording of this Declaration, the Common Areas consist of: 8.1.1. Tracts as follows: Tracts A, B, and C. 8.1.2. The principal domestic water meters and any portion of the water “trunk” line used in common providing water service to the Property. 8.1.3. Any domestic water backflow prevention valves located on the principal water meters providing water service to the Property. 8.1.4. Any irrigation meters and the irrigation lines for the Property. 8.1.5. Any irrigation water backflow prevention valve. 8.1.6. Any portion of the sewer “trunk” line used in common providing sewer service to the Property. 8.1.7. Any retaining walls within the Property. 8.1.8. Fencing within the Property benefitting all owners. 8.1.9. Any common mailbox facilities within the Property. 8.1.10. Any other areas or improvements that the Association’s Board of Directors and/or the Owners, as appropriate, agree to treat as a Common Area. The Association, its employees, agents, and contractors shall have a perpetual, nonexclusive easement over, under, and across the Property with right of immediate entry and continued access for the construction, improvement, maintenance, repair, and reconstruction of the Common Areas. 8.2. Common Expenses. Unless provided otherwise in this Section, each Lot shall be allocated an equal share of the common expenses. As of the date of recording of this Declaration, the Common Expenses, which shall be paid by the Association, consist of: 8.2.1. Any and all expenses related to Association management and administration. 8.2.2. Any and all expenses related to liability, property, or other insurance for the Association or Common Areas as required by the Bylaws. 8.2.3. Any and all expenses related to ownership, management, operation, inspection, maintenance, repair, replacement, and improvement of the Common Areas. The Association shall take any action necessary or appropriate to the maintenance and upkeep of the Common Areas and improvements thereon. 8.2.4. Any and all expenses related to all taxes and assessments levied against the Common Areas. 8.2.5. Any and all expenses related to services furnished by or to the Association, including utilities and other services. 8.2.6. Funding all reserves, if any are established by the Association. 21484D001-CC&Rs Page 18 of 23 8.2.7. Any other expense that the Association’s Board of Directors and/or the Owners, as appropriate, agree to treat as a Common Expense. ARTICLE 9 - TRACTS AND EASEMENTS 9.1. Tracts. 9.1.1. Tract A. Tract A is a telecommunications tract. Upon recording of the Final Plat, Tract A is conveyed to the Owners. 9.1.2. Tract B. Tract B is a stormwater detention tract. Upon recording of the Final Plat, Tract B is conveyed to the Owners. 9.1.3. Tract C. Tract C is a telecommunications tract. Upon recording of the Final Plat, Tract C is conveyed to the Owners. 9.1.4. Tract D. Tract D is a private access tract for the benefit of Lots 3 and 4. Upon recording of the Final Plat, Tract D is conveyed in equal and undivided interest to the Owners of Lots 3 and 4 for ownership and maintenance. 9.2. Common Areas. The Association, its employees, agents, and contractors shall have a perpetual, nonexclusive easement over, under, and across the Property with right of immediate entry and continued access for the construction, improvement, maintenance, repair, and reconstruction of the Common Areas. 9.3. Declarant Rights. Declarant hereby reserves unto itself, its successors, and assigns an easement for the right, during the Declarant Control Period and any period thereafter in which Declarant is an Owner, to utilize the Common Areas for its business use and purposes, including, but not limited to, completion of improvements on the Property and other uses and purposes related to the construction, promotion, development, and sale of the Property. 9.4. Maintenance of Easements. The Lot Owners benefitting from such easements described above shall jointly pay for any maintenance and operating expenses required for the easement and necessary appurtenances, including use of incidental areas immediately adjacent to said easement, if located upon private property. 9.5. Easements. The Property is subject to all relevant easements of record including, but not limited to, water, sewer, storm drainage, and other utilities including those easements as shown on the face of the Final Plat. ARTICLE 10 - MANAGEMENT DURING DECLARANT CONTROL PERIOD; TRANSITION MEETING 10.1. Management by Declarant. 10.1.1. Subject to Section 10.1.2, during the Declarant Control Period, Declarant may appoint and remove Board members or officers; or veto or approve a proposed action of the Board or the Association. 10.1.2. Not later than sixty (60) days after conveyance of twenty-five percent (25%) of the Lots to Owners other than Declarant, at least one member and not less than twenty-five percent (25%) of the members of the Board must be elected by Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots to Owners 21484D001-CC&Rs Page 19 of 23 other than Declarant, not less than thirty-three and one-third percent (33 1/3%) of the members of the Board must be elected by Owners other than Declarant. Until such members are elected and take office, the existing Board may continue to act on behalf of the Association. 10.2. Transition Meeting. Within thirty (30) days after the termination of the Declarant Control Period, the Board must schedule a transition meeting pursuant to the requirements of the Bylaws. ARTICLE 11 - INSURANCE; RECONSTRUCTION; CONDEMNATION 11.1. Insurance. Commencing not later than the time of the first conveyance of a Lot by Declarant, the Association must maintain in its own name, to the extent reasonably available and subject to reasonable deductibles, insurance policies as described in the Bylaws. If the insurance described in the Bylaws is not reasonably available, the Association must promptly cause notice of that fact to be given to all Owners. 11.2. Reconstruction. Any portion of the Community for which insurance is required under this Article that is damaged or destroyed must be repaired or replaced promptly by the Association unless: (a) the Community is terminated, in which case RCW 64.90.290 applies; (b) repair or replacement would be illegal; or (c) eighty percent (80%) of the Owners, including every Owner of a Lot benefiting from a damaged or destroyed Tract that will not be rebuilt, vote not to rebuild. The cost of repair or replacement not paid from insurance proceeds is a Common Expense. If all of the damaged or destroyed portions of the Community are not repaired or replaced, the procedures of RCW 64.90.470(9) must be followed. 11.3. Condemnation. In the event any part of the Common Areas is made the subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired by any condemning authority, the Association shall give prompt notice of any such proceeding or proposed acquisition to the Owners and to the holders of all First Mortgages who have requested from the Association notification of any such proceeding or proposed acquisition. All compensation, damages, or other proceeds therefrom, shall be payable to the Association. ARTICLE 12 - ENFORCEMENT 12.1. Right to Enforce. The Association, Declarant, or any Owner shall have the right to enforce, by any appropriate proceeding at law or in equity, all covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration. 12.2. Dispute Resolution. Owners and the Association are encouraged to attempt to resolve any dispute arising out of this Declaration through discussion or other informal means, including mediation. 12.3. Owner Non-Compliance. If an Owner fails or refuses to perform any required maintenance, repair, reconstruction, replacement, restoration, or other obligation or make any payment required under this Declaration (the “Defaulting Owner”), and if such failure or refusal continues beyond thirty (30) days after written demand by the Association through its Board, then the Association may, after approval by a two-thirds (2/3) majority vote by the Board perform the maintenance, repair, reconstruction, replacement, or restoration; make the payment; and/or otherwise cure the default, and send a statement of the cost thereof (the “Cure Costs”) to the Defaulting Owner. The Association shall have a lien on the Defaulting Owner’s Lot for the amount of all Cure Costs paid by the Association. If the Defaulting Owner does not pay the Cure Costs within thirty (30) days after the Association sends the statement of the Cure Costs, then the Association may, within thirty (30) 21484D001-CC&Rs Page 20 of 23 additional days, record a Notice of the Lien against the Lot of the Defaulting Owner, specifying the amount of the Cure Costs, in the real property records of King County, Washington. If this Notice is timely recorded, the lien for the Cure Costs may be foreclosed in the manner of foreclosing a mortgage on real property. If this Notice is not timely recorded, the lien for those Cure Costs (but not the personal liability of the Defaulting Owner) shall expire. In addition, the Association may enforce this Declaration by a suit in a court of competent jurisdiction, and the court in any such action shall have authority to award damages, to order payments of sums due under this Declaration, to order specific performance, and to grant any other appropriate legal, equitable, or other relief. The Association shall be entitled to recover any costs, including reasonable attorneys’ fees, incurred in connection with enforcement of this Declaration against any Defaulting Owner, whether or not such enforcement results in suit being commenced or prosecuted to judgment. In addition, in any action under this Declaration and/or action to enforce a lien under this Declaration, the prevailing party shall be entitled to recover that party’s reasonable costs and attorneys’ fees from the other party. 12.4. Non-Waiver. The failure of the Association, the Declarant, any Owner, or any of their respective duly authorized agents to: (1) insist in any one or more instances upon the strict performance of or compliance with this Declaration or the Governing Documents; (2) exercise any right or option contained in this Declaration or the Governing Documents; or (3) serve notice or institute any action or summary proceeding shall not be construed as a waiver or relinquishment of such right for the future. Such enforcement right shall continue and remain in full force and effect. No waiver of any provision of this Declaration or the Governing Documents shall be deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with knowledge of any breach of any covenant in this Declaration or the Governing Documents shall not be deemed a waiver of such breach. 12.5. Remedies Cumulative. Remedies provided by this Declaration are in addition to, cumulative with, and are not in lieu of, other remedies provided by law. There shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages. 12.6. Covenants Running with the Land. The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of the Property, and their respective heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this Declaration. ARTICLE 13 - AMENDMENT AND REVOCATION 13.1. Declarant may, after thirty (30) days’ advance notice to all Owners and without a vote of the Owners or approval by the Board, unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing Documents for purposes of: (a) correcting a mathematical mistake, inconsistency, or scrivener's error; or (b) clarifying an ambiguity in the Governing Documents with respect to an objectively verifiable fact including, without limitation, recalculating the undivided interest in the Common Areas, recalculating the liability for Common Expenses, or recalculating the number of votes in the Association appurtenant to a Lot. Any such corrective amendment or supplement must be completed within five (5) years after the recordation or adoption of the Governing Document containing or creating the mistake, inconsistency, scrivener’s error, or ambiguity. Any such corrective amendment or supplement may not materially reduce what 21484D001-CC&Rs Page 21 of 23 Declarant’s obligations would have been if the mistake, inconsistency, error, or ambiguity had not occurred. 13.2. The Association may, after thirty (30) days’ advance notice to all Owners and without a vote of the Owners, upon a vote of two-thirds (2/3) of the members of the Board, adopt, execute, and record an amendment to the Declaration for the following purposes: (a) to correct or supplement the Governing Documents for the purposes delineated in Section 13.1; (b) to revise or remove provisions limiting ownership rights or use by protected classes; (c) to revise or remove provisions that give the Association less power when related to Declarant than as to other persons; and (d) to revise or remove provisions in direct conflict with WUCIOA. 13.3. Except as provided in in Section 13.1 and Section 13.2, this Declaration may be amended only by vote or agreement of at least sixty-seven percent (67%) of Owners. 13.4. Notwithstanding any of the foregoing, the prior written approval of fifty-one percent (51%) of all Mortgagees who have requested from the Association notification of amendments shall be required for any material amendment to the Declaration or the Association’s Bylaws of any of the following: voting rights; assessments, assessment liens, and subordination of such liens; reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity bonds; responsibility for maintenance and repair; reallocation of interest in the Common Areas; leasing of Lots other than as set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer that Owner’s Lot; a decision by the Association to establish self-management when professional management had been required previously by an eligible Mortgagee; any action to terminate the legal status of the Association after substantial destruction or condemnation occurs; or any provisions which are for the express benefit of Mortgagees or eligible insurers or guarantors of First Mortgages. 13.5. All amendments to this Declaration shall be recorded in the records of King County, Washington, and shall contain a cross-reference by recording number to this original Declaration and to any other prior amendments. 13.6. In the absence of fraud, any action to challenge the validity of an amendment adopted by the Association may not be brought more than one year after the amendment is recorded. ARTICLE 14 - GENERAL PROVISIONS 14.1. Taxes. Each Owner shall pay without abatement, deduction, or offset all real and personal property taxes, general and special assessments, including local improvement assessments, and other charges of every description levied on or assessed against that Owner’s Lot, or personal property located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of the foregoing taxes, assessments, and charges levied or assessed against the Common Areas. 14.2. Non-Waiver. No waiver of any breach of this Declaration or failure to enforce any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant, condition, or restriction. 14.3. Attorneys’ Fees. In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien, the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all attorneys’ fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be reasonable therein, and also including all costs, expenses, and attorneys’ 21484D001-CC&Rs Page 22 of 23 fees incurred in connection with any appeal from the decision of a trial court or any intermediate appellate court. 14.4. No Abandonment of Obligation. No Owner, through non-use of any Common Area, or by abandonment of that Owner’s Lot, may avoid or diminish the burdens or obligations imposed by this Declaration. 14.5. Captions. The captions of the various Articles, Sections, and paragraphs of this Declaration are for convenience of use and reference only and do not define, limit, augment, or describe the scope, content, or intent of this Declaration or any parts of this Declaration. 14.6. Conflict. In case of any conflict between this Declaration and any provisions on the Final Plat, this Declaration shall control except to the extent mandated otherwise by WUCIOA. 14.7. Severability. Invalidation of any one of these covenants, conditions, restrictions, easements, or provisions by judgment or court order shall in no way affect any other of the same, all of which shall remain in full force and effect. 14.8. Notices. All notices, demands, or other communications (“Notices”) permitted or required to be given by this Declaration shall be pursuant to the requirements in the Bylaws. 14.9. Applicable Law. This Declaration shall be construed in all respects under the laws of the State of Washington. Dated this day of , 20 . DECLARANT JSHK Investments, LLC Signature By Printed Name Its Title 21484D001-CC&Rs Page 23 of 23 STATE OF WASHINGTON ) ) ss. COUNTY OF ____________ ) On this day of , 20 , I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she/they) signed this instrument, on oath stated that (he/she/they) (was/were) authorized to execute the instrument and acknowledged it as the of JSHK Investments, LLC to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Notary Public in and for the State of Washington Printed Name Residing at: Appointment Expires: