HomeMy WebLinkAboutCondominium Declaration for Astra Condominium (Affordable)AFTER RECORDING RETURN TO:
Solera Manager, LLC
10900 NE 8th St, Suite 1200
Bellevue, WA 98004
CONDOMINIUM DECLARATION
FOR
ASTRA CONDOMINIUM
Grantor:
Solera Manager, LLC, a Washington limited liability company
Grantee:
Astra Condominium
Abbrev. Legal Description:
[To be determined]
Assessor’s Parcel No.:
[To be determined]
NOTICE TO AUDITOR’S OFFICE
THE MAP FOR THIS COMMUNITY WAS FILED WITH THE AUDITOR OF KING COUNTY, WASHINGTON SIMULTANEOUSLY WITH THE RECORDING OF THIS DECLARATION UNDER AUDITOR’S FILE NO.
IN VOLUME __________ OF CONDOMINIUMS, PAGES _______ THROUGH _______.
THIS COMMUNITY IS A CONDOMINIUM AS DEFINED IN WUCIOA.
DEPARTMENT OF ASSESSMENTS
Examined and approved this ____ day of ____________, 2024.
ASSESSOR
DEPUTY ASSESSOR
TABLE OF CONTENTS
ASTRA CONDOMINIUM
ARTICLE 1 CONSTRUCTION AND VALIDITY OF DECLARATION 2
ARTICLE 2 DEFINITIONS 2
ARTICLE 3 NAME OF CONDOMINIUM 7
ARTICLE 4 DESCRIPTION OF LAND AND BUILDING 8
ARTICLE 5 DESCRIPTION OF UNITS 8
ARTICLE 6 ALLOCATED INTERESTS 9
ARTICLE 7 COMMON ELEMENTS 9
ARTICLE 8 LIMITED COMMON, ELEMENTS 10
ARTICLE 9 EASEMENTS 11
ARTICLE 10 USE RESTRICTIONS 12
ARTICLE 11 CONSTRUCTION AND MAINTENANCE OF UNITS AND COMMON ELEMENTS 14
ARTICLE 12 ALTERATIONS OF BUILDING 15
ARTICLE 13 OWNERS ASSOCIATION 15
ARTICLE 14 TRANSFER OF CONTROL 17
ARTICLE 15 THE BOARD OF DIRECTORS 18
ARTICLE 16 BUDGET AND ASSESSMENTS 20
ARTICLE 17 LIEN AND COLLECTION OF ASSESSMENTS 23
ARTICLE 18 ENFORCEMENT OF GOVERNING DOCUMENTS 25
ARTICLE 19 TORT AND CONTRACT LIABILITY. 26
ARTICLE 20 INSURANCE 27
ARTICLE 21 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY 31
ARTICLE 22 CONDEMNATION 33
ARTICLE 23 PROCEDURES FOR SUBDIVIDING, COMBINING OR ALTERING UNITS AND RELOCATING BOUNDARIES 34
ARTICLE 24 AMENDMENT OF DECLARATION, MAP, ARTICLES OR BYLAWS 36
ARTICLE 25 TERMINATION OF CONDOMINIUM 37
ARTICLE 26 NOTICES 38
ARTICLE 27 MORTGAGEE PROTECTION 40
ARTICLE 28 ASSIGNMENT BY DECLARANT 41
SCHEDULE A DESCRIPTION OF REAL ESTATE SUBJECT TO DECLARATION
SCHEDULE B UNIT DATA AND ALLOCATED INTERESTS
SCHEDULE C DESCRIPTION OF LIMITED COMMON ELEMENTS
SCHEDULE D USES RESTRICTIONS ON RETAIL UNIT
CONDOMINIUM DECLARATION
FOR ASTRA CONDOMINIUM
CONSTRUCTION AND VALIDITY OF DECLARATION
Purpose. Declarant has recorded this Declaration for the purpose of creating a condominium of the real property described in Schedule A under the Act. This Declaration shall be effective
as of the first date that it and the Map are recorded.
Construction. The Declaration and the Act provide the framework by which the Condominium is created and operated. In the event a provision of the Declaration is inconsistent with a
provision of the Act and the Act does not permit such inconsistency with such provision, the Act shall prevail. In the event of a conflict between a provision of this Declaration and
the Bylaws, the Declaration shall prevail except to the extent the Declaration is inconsistent with the Act and the Act does not permit the inconsistency. The creation of the Condominium
shall not be impaired and title to a Unit and its Common Ownership Interest shall not be rendered unmarketable or otherwise affected by reason of an insignificant failure of this Declaration
or the Map or any amendment thereto to comply with the Act.
Covenant Running With Land. This Declaration shall operate as covenants running with the land, or equitable servitudes, and shall bind Declarant, its successors and assigns, and all
subsequent Owners of the Property, or any portion(s) thereof, together with their grantees, successors, heirs, executors, administrators, devisees or assigns.
Severability. The provisions of this Declaration shall be independent and severable, and the unenforceability of any one provision shall not affect the enforceability of any other provision,
if the remaining provision or provisions comply with the Act.
Percentage of Owners or Mortgagees. For purposes of determining the percentage of Owners or Mortgagees, or percentage of voting power for approving a proposed decision or course of
action in cases where an Owner owns, or a Mortgagee holds Mortgages on more than one Unit, such Owner shall be deemed a separate Owner for each such Unit so owned and such Mortgagee
shall be deemed a separate Mortgagee for each such Mortgage so held.
Reference to Map. The Map identified on the cover page was filed with the Recorder of King County, Washington, simultaneously with the recording of this Declaration.
Inflationary Increase in Dollar Limits. Any dollar amounts specified in this Declaration in connection with any proposed action or decision of the Board or Association shall be proportionately
increased on July 1 of each year by the percentage change in the consumer price index specified in RCW 64.90.065 of the Act, as if RCW 64.90.065 applied to such amounts.
DEFINITIONS
Words Defined. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply. The singular form of words includes the plural and
the plural includes the singular. Masculine, feminine and neutral pronouns are used interchangeably.
“Allocated Interests” means, collectively, the Common Ownership Interest, the Common Expense Liability and the Voting Interest allocated to each of the Units in the Condominium, as set
forth in Article 6 and Schedule B.
“Apartment” or “Apartments” means an apartment or dwelling, or, collectively, some or all of the apartments or dwellings, located within the Condominium.
“Articles” means Articles of Incorporation for the Association.
“Assessments” means, collectively, all sums chargeable by the Association against a Unit, including, without limitation: (a) general and special assessments for Common Expenses; (b)
charges and fines imposed by the Association; (c) interest and late charges on any delinquent account; and (d) costs of collection, including reasonable attorneys’ fees, incurred by
the Association in connection with the collection of a delinquent Owner’s account.
“Association” means the owners’ association identified in Article 13.
“Authorized Users” means the agents, servants, tenants, invitees and licensees of an Owner, or of the Owner’s tenants, who are accorded rights, directly or indirectly by that Owner to
use or access all or a portion of that Owner’s Unit and its appurtenant interest in the Common Elements.
“Board” means the board of directors of the Association, as described in Article 15, the Articles and the Bylaws.
“Books and Records of the Association” means, collectively, all documents in the possession or control of the Association, including, without limitation, the following:
Declaration, Map, Articles, Bylaws and other rules and regulations governing the Condominium or any part thereof, and all amendments thereto;
Minute books, including all minutes, of all Owner, Board, Officer, committee or other meetings relating to the Condominium or any part thereof, including all reports, resolutions, documents,
communications or written instruments attached thereto or referenced therein;
Financial records, including without limitation, current budget, receipts and expenditures affecting the operation and administration of the Association, financial statements, tax returns,
and other appropriate accounting records, within the last seven years;
All reports, documents, communications or written instruments pertaining to the construction, remodeling, maintenance, repair, replacement or condition of the Condominium or any part
thereof;
All insurance policies under which the Association is a named insured;
Copies of any certificates of occupancy that may have been issued for the Condominium or any part thereof;
Any other permits or notices by governmental bodies applicable to the Condominium or any part thereof in force or issued;
All written warranties that are still in effect for the Condominium or any part thereof, or any other areas or facilities that the Association has the responsibility for maintaining,
from the Declarant, contractor, subcontractors, suppliers, and manufacturers, together with all owners’ manuals or instructions furnished with respect to installed equipment or building
systems;
A roster of Owners, officers and Directors and Eligible Mortgagees and their addresses and telephone numbers, if known;
Any leases of the Common Elements or areas and other leases to which the Association is a party; any employment, service, consultation, professional or other contracts in which the Association,
Board or officer is one of the contracting parties, or in which the Association or the Owners have an obligation or a responsibility, directly or indirectly, to pay some or all of the
fee or charge, or which in any way relate to the Condominium or any part thereof; and
All reports, documents, communications or written instruments pertaining to any litigation or other legal or mediation/arbitration proceeding (whether pending, threatened, or under consideration)
to which the Association (or Board or officer) is or may be a party, or which may relate to or affect the Common Elements or any part thereof.
“Building” means the primary structures in the Condominium built in accordance with the most recent plans and specifications for the construction or remodeling of the Condominium.
“Bylaws” means the bylaws of the Association as they may from time to time be amended.
“Common Elements” means all portions of the Condominium other than Units, as described more fully in Section 7.1. The term includes the Limited Common Elements.
“Common Expenses” means expenditures made by or financial liabilities of the Association, including expenses related to the maintenance, repair and replacement of the Common Elements,
allocations to reserves, and expenses related to any utility services provided
by or billed through the Association to the Unit Owners. Some Common Expenses are allocated to the Units according to the Common Expense Liability of the Unit. Other Common Expenses
are Specially Allocated Expenses.
“Common Expense Liability” means the liability for Common Expenses (other than Specially Allocated Expenses) allocated to each Unit, as described in Article 6.
“Common Ownership Interest” means the undivided ownership interest in the Common Elements allocated to each Unit, as described in Article 6.
“Condominium” means the condominium created under this Declaration and the Map.
“Act” means the Washington Uniform Common Interest Ownership Act, codified as RCW 64.90.
“Conveyance” means any transfer of the ownership of a Unit, including a transfer by deed or by real estate contract. Conveyance does not mean a transfer solely as security for a debt
or other obligation or a Foreclosure.
“Declarant” means Solera Manager, LLC, and its successors and assigns to the extent that they are within the meaning of “Declarant” in the Act.
“Declaration” means this Condominium Declaration as it may from time to time be amended in accordance with the terms hereof.
“Eligible Mortgagee” means any Mortgagee who has filed with the secretary of the Association a written request that it be given copies of notices of any action by the Association that
requires the consent of Mortgagees. The request must state the name and address of the Eligible Mortgagee and the Identifying Number or address of the Unit on which it holds (or insures
or guarantees) a Mortgage. As of the date of this Declaration and until the Association is notified to the contrary, Citibank, N.A. is an Eligible Mortgagee on each Unit, with an address
of Citibank, N.A., Transaction and Asset Management Group, 388 Greenwich Street, Trading 6th Floor, New York, New York 10013, for so long as Citibank, N.A. is the beneficiary of a mortgage
or deed of trust encumbering a Unit in the Condominium.
“Floor Area” means the total finished floor area of the Levels of the Building enclosed within each Unit (excluding the surface of the roof). Floor Area is approximate and may not match
the interior area of a Unit when measured by the Owner, Association or others. Floor Areas set forth in Schedule B are final and conclusive.
“Foreclosure” means a forfeiture or judicial or nonjudicial foreclosure of a Mortgage or a deed in lieu thereof.
“Governing Documents” means this Declaration, the Articles, the Bylaws, and any rules or regulations adopted by the Board, as they may be amended from time to time.
“Identifying Number” means the number of each Unit shown on the Map and in Schedule B.
“Investor” means BF Solera Affordable, LLC, a Delaware limited liability company, and its permitted successors and assigns, only during such time that such entity or its affiliates,
successors or assigns is member in the Unit Owner that owns Residential Unit, and when BF Solera, LLC or its affiliates, successors or assigns is not a member in the Unit Owner that
owns Residential Unit, references to Investor shall be of no force or effect.
“Level” means any of the floors or levels of the Building as depicted or described on the most recent plans and specifications used in the construction or remodeling of the Condominium.
“Limited Common Element” means a portion of the Common Elements allocated in this Declaration, or by operation of law, for the exclusive use of one or more but fewer than all of the
Units, as described more fully in Section 8.1.
“Managing Agent” means the Person designated by the Board under Section 15.3.
“Map” means the map for the Condominium. Section 1.6 refers to the recording number of the Map, which was recorded simultaneously with this Declaration. The Map includes any recorded
amendments, corrections, and addenda thereto.
“Mortgage” means a mortgage, deed of trust or real estate contract.
“Mortgagee” means any holder, insurer or guarantor of a Mortgage on a Unit.
“Owner” or “Unit Owner” means the Declarant or other Person who owns fee title to a Unit, but does not include any Person who (i) has an interest in a Unit solely as security for an
obligation, monetary or regulatory, (ii) is the beneficiary of rights under easements and/or covenants granted by an Owner, or (iii) is an Authorized User.
“Person” means a natural person, corporation, partnership, limited partnership, trust, governmental subdivision or agency, or other legal entity.
“Property” means all real property comprised by the Condominium pursuant to Section 4.1 of this Declaration.
“P-T Slab” means the concrete post-tension slab which separates Levels 2 and 3 in the Building.
“Regulatory Agreements” means the following agreements (as they may be amended) against Residential Unit imposing certain low income housing restrictions: (1) Regulatory Agreement (Extended
Use Agreement) in favor of the Washington State Housing Finance Commission dated August 31, 2021, recorded under King County Recording No. 20210901000477 and (2) Regulatory Agreement
in favor of the Washington State Housing Finance Commission dated August 1, 2021, recorded under King County Recording No. 20210901000478.
“Residential Tenant” means any person holding a leasehold interest in an Apartment pursuant to a residential lease or having a right to occupy an Apartment under such a lease or rental
agreement.
“Rules and Regulations” means those certain written rules or regulations, if any, governing use of the Condominium that may be adopted by the Board.
“Specially Allocated Expenses” means those Common Expenses described in Section 16.6 of this Declaration.
“Transition Date” means the date that the first Unit in the Condominium is subject to a Conveyance.
“Unit” means a physical portion of the Condominium designated for separate ownership, the boundaries of which, both as to vertical and horizontal planes, are described in Section 5.2
and shown on the Map; excepting that a Unit excludes all Common Elements (including Limited Common Elements), if any, that are located within the boundaries of the Unit. The Units are
individually classified as follows:
“Residential Unit” means the Unit consisting of 275 residential apartments on Levels 1 through 7 of the Building, and related ancillary facilities (including gym and sports facilities,
leasing and administrative offices, and tenant common spaces), all designated for tenants meeting certain affordable housing income requirements.
“Garage Unit” means the Unit occupying approximately 194,523 square feet on Levels P1, 1, and 2 of the Building, consisting of approximately 406 structured parking spaces and related
ancillary facilities. The Garage Unit may not be used for residential purposes.
“Retail Unit” means the Unit occupying approximately 12,309 square feet on Level 2 of the Building consisting of commercial/retail spaces and related ancillary facilities. The Retail
Unit may not be used for residential purposes or any of purposes restricted in Schedule D.
“Voting Interest” means the number of votes in the Association allocated to each Unit, as described in Article 6.
Statutory Definitions. Some of the terms defined above are also defined in the Act. The definitions in the Declaration are not intended to cause any violation of the Act. To the extent
necessary so that no provision hereof will violate the Act or cause any failure to satisfy the requirements of the Act, if there is any inconsistency or conflict, the definition in the
Act will prevail.
NAME OF CONDOMINIUM
The name of the Condominium created by this Declaration and the Map is Astra Condominium.
DESCRIPTION OF LAND AND BUILDING
D
escription of Property. The real property included in the Condominium is the land described in Schedule A together with all improvements and fixtures now or hereafter thereon, and all
appurtenances thereto.
Description of Building. There is one building in the Condominium. The location of the Building is shown on the Map.
DESCRIPTION OF UNITS
Number and Identification of Units. The Condominium contains three (3) Units. The location and configuration of each Unit created by this Declaration is shown on the Map. Schedule
B of this Declaration contains the following information as to each Unit created by this Declaration:
Unit Designation. The Identifying Number of each Unit created by this Declaration as shown on the Map.
Unit Data. With respect to each Unit created by this Declaration, the Floor Area and the Levels that are located within each Unit.
Allocated Interests. With respect to each Unit, its allocation of Common Ownership Interest, Common Expense Liability and Voting Interest, as described in Article 6.
Unit Boundaries. The boundaries of each Unit shall be the walls, floors and ceilings of the Units, as shown on the Map. All lath, furring, wallboard, plasterboard, plaster, paneling,
tiles, wallpaper, paint, finished flooring, and any other material constituting any part of the finished interior surfaces thereof are part of the Unit. All other portions of the walls,
floors or ceilings, are part of the Common Elements. The windows and exterior doors at the boundaries of a Unit are not part of the Unit, but are Limited Common Elements allocated to
that Unit. Subject to the provisions of Article 7, all spaces, interior partitions and other fixtures and improvements within the boundaries of the Units are a part of the Units.
The lower horizontal boundary of Residential Unit is the floor of Level 1 of the Building. The upper horizontal boundary of Residential Unit is a plane in space at the highest elevation
of any part of the Building, including the roof of the Building and all Building features and equipment located thereon, with the exception of those areas designated as Limited Common
Elements in Article 8. And the vertical boundaries (side boundaries) of Residential Unit coincide with the interior face of the perimeter walls or inside face of glazing of perimeter
windows and doors of the Building enclosing the Unit. Residential Unit includes all exterior weatherproofing and cladding, windows, doors, exterior walls and other structural elements
located therein on Levels 3 through 7, including the roof.
The lower horizontal boundary of Garage Unit is the floor of Level P1 in the Building. The upper horizontal boundary is the lower surface of P-T Slab in the Building. And the vertical
boundaries (side boundaries) coincide with the interior face of the perimeter walls or inside face of glazing of perimeter windows and doors of the Building enclosing the Unit.
The lower horizontal boundary of Retail Unit is the upper surface of the subflooring on Level 2. The upper horizontal boundary is the lower surface of the P-T Slab in the Building.
And the vertical boundaries (side boundaries) coincide with the interior face of the perimeter walls or inside face of glazing of perimeter windows and doors of the Building enclosing
the Unit.
ALLOCATED INTERESTS
Allocated Interests. This Declaration allocates certain interests in the Condominium to each Unit. Those interests are: a Common Ownership Interest, a Common Expense Liability and
a Voting Interest. The method used for allocating these interests is set forth in this Article 6. The allocation of these interests to each Unit can be changed only as provided in
this Declaration. The Allocated Interests and the title to a Unit may not be separated or separately conveyed, whether voluntarily or involuntarily, except in conformity with this Declaration.
The Allocated Interests shall be deemed to be conveyed with the Unit to which they are allocated even though the description in the instrument of conveyance may refer only to the title
to the Unit.
Residential Unit shall have three (3) Voting Interests and Garage Unit and Retail Unit shall each have one (1) Voting Interest. If any Unit is split into multiple Units, then the Voting
Interest of each resulting Unit shall be an equal fraction of the original Unit’s total Voting Interest, such that the total votes shall still equal five (5).
Common Ownership Interest and Common Expense Liability is the undivided interest in the Common Elements and Limited Common Elements allocated to each of the Units as set forth in Schedule
B. Each Unit will have equal, undivided Common Ownership Interest and Common Expense Liability for Common Elements (not including Limited Common Elements), as set forth in Schedule
B. Specially Allocated Expenses are allocated according to Section 16.6.
COMMON ELEMENTS
Description. The Common Elements consist of all portions of the Condominium other than the Units. The Common Elements include all portions of the walls, floors, or ceilings that are
not within the Unit boundaries established by Section 5.2 or otherwise specified as part of a Unit herein. The Common Elements also include any chute, flue, duct, wire, conduit, bearing
wall, bearing column, or any other fixture that lies partially within and partially outside the designated boundaries of a Unit if it serves more than one Unit or any portion of a Common
Element.
Alteration of Common Elements. A Unit Owner may not alter any Common Element (other than Limited Common Elements allocated solely to such Owner’s Unit, as described in Article 8) or
construct or remove anything in or from any Common Element (other than Limited Common Elements allocated solely to such Owner’s Unit) except upon the prior written consent of the Board.
The Limited Common Elements allocated to a Unit may be constructed, altered or modified by the Owner of that Unit. The right to use the Common Elements,
including the Limited Common Elements, shall be governed by the provisions of the Act and the Governing Documents.
Conveyance or Encumbrance of Common Elements. No portion of the Common Elements may be conveyed or subjected to a security interest by the Association except upon the unanimous consent
of all Unit Owners, Eligible Mortgagees and the Investor. Except where permitted by the Act, the Common Elements (including Limited Common Elements) are not subject to partition. Any
conveyance, encumbrance, judicial sale or other transfer (voluntary or involuntary) of an individual interest in the Common Elements shall be void unless the Unit to which that interest
is allocated is also transferred. Except upon the unanimous consent of all Unit Owners, Eligible Mortgagees of Residential Unit and the Investor, no construction, repair or replacement
of any portion of the Common Elements shall be financed using the proceeds of bonds the interest on which is exempt under Section 103 of the Internal Revenue Code of 1986 as amended
(the “IRC”).
LIMITED COMMON, ELEMENTS
Description. The following, when constructed, shall constitute Limited Common Elements, the use and maintenance of which shall be restricted to the Units to which they are allocated:
Except to the extent expressly set forth in this Declaration, any fireplaces, shutters, awnings, window boxes, doorsteps, stoops, porches, balconies, patios, decks and all exterior doors
and windows or other fixtures designed to serve a single Unit, but which are located outside that Unit’s boundaries, are Limited Common Elements allocated exclusively to that Unit.
Except to the extent expressly set forth in this Declaration, if any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially
outside the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to the Unit, and any portion thereof serving more
than one Unit or any portion of the Common Elements is a part of the Common Elements.
Any areas, fixtures or equipment identified in Schedule C are Limited Common Elements allocated to the Units set forth therein.
Reallocation or Incorporation of Common Elements. A Common Element may be reallocated as a Limited Common Element and a Common Element (but not a Limited Common Element) may be incorporated
into an existing Unit with the unanimous approval of Unit Owners and with the written approval of the Eligible Mortgagees and the Investor. A Limited Common Element may be incorporated
into a Unit (or Units) with the consent of all Unit Owners to whom the Limited Common Element has been allocated and the Owner of the Unit or Units into which it is being incorporated
and with the written approval of the Eligible Mortgagees and the Investor. Such reallocation or incorporation shall be reflected in an amendment to the Declaration and the Map.
Reallocation Between Units. A Limited Common Element may be reallocated between Units only with the approval of the Unit Owners, written consent of all Eligible Mortgagees and the
Investor and by an amendment to the Declaration executed by the Owners of the Units to which the Limited Common Element was and will be allocated. The amendment shall be recorded in
the names of the parties and of the Condominium.
Use of Limited Common Elements. Each Owner of a Unit to which a Limited Common Element is allocated shall have the exclusive right to use the Limited Common Element in Common with the
other Owners, if any, to which that Limited Common Element is allocated, except as otherwise provided herein. Furthermore, each Owner of a Unit to which a Limited Common Element is
solely allocated shall have the right to alter that Limited Common Element if the other Units and Common Elements serving the other Units, and easement rights of other Units in such
Limited Common Element, are not affected. The right to use the Limited Common Element extends to the Owner’s Authorized Users, but is governed by the provisions of the Act and the Governing
Documents.
EASEMENTS
Use, Maintenance and Repair of Common Elements. Subject to the Governing Documents and to the Association’s rights to regulate the use, maintenance, repair, replacement and modification
of the Common Elements, each Unit Owner, for its benefit and the benefit of its Authorized Users, has (i) an easement in, over and through the Common Elements for access to its Unit,
and (ii) a right to use, maintain, repair, and replace the Common Elements (subject to restrictions pertaining to Limited Common Elements) for the purposes for which the Common Elements
were intended.
Utility Serving Improvements. Each Unit has an easement in and through each other Unit and the Common Elements for existence, installation, use, maintenance, repair and replacement
of all utility and service elements, equipment and facilities serving the Owner’s Unit improvements, and for reasonable access thereto, as required to effectuate and continue the proper
operation of the Condominium. Each Unit Owner has the right to grant easements through the Common Elements to any utility provider or municipality for the installation, construction,
maintenance, repair and reconstruction of all utilities serving any portion of the Owner’s Unit improvements or Common Element improvements, including, without limitation, such utility
services as water, sanitary sewer, storm sewer, electricity, cable television, Internet access and telecommunications; and access thereto.
Ingress and Egress. Each Unit has an easement for ingress and egress through any portion of the Condominium intended for common ingress and egress, including without limitation, entries,
exits, lobbies, corridors, stairs, elevators, walkways, sidewalks, driveways and plazas. This easement is for the purpose of accommodating normal and customary ingress and egress, and
emergency ingress and egress. The Unit Owners and the Association may (i) install in any such areas, security devices, panic hardware, signage, access restrictions and other features
that do not violate this Declaration or applicable ordinances and regulations relating to ingress and egress, (ii) control access outside of the business hours, and (iii) subject to
the other
provisions of the Governing Documents, relocate such areas to accommodate changes or improvements within a Unit or the Condominium.
Duration. Any easements granted herein are perpetual and run with the land. Any such easements shall, however, terminate upon the termination of this Condominium pursuant to Article
25 of this Declaration.
USE RESTRICTIONS
Permitted Uses.
Residential Unit. Residential Unit of the Condominium and the Limited Common Elements appurtenant thereto may be used only for the operation of a multifamily apartment complex, including
(i) use of the Apartments within Residential Unit as primary residences, (ii) social, recreational, and other activities normally incident to residential uses of the Apartments, and
(iii) any maintenance, management or rental offices for the Apartments in Residential Unit, all of which are subject to the Regulatory Agreements.
Garage Unit. Garage Unit and the Limited Common Elements appurtenant thereto may be used for any lawful use that is compatible with the operation of parking structure serving Residential
Tenants and the Retail Unit. Subject to the foregoing, the Owner of Garage Unit or its lessee shall have the right to adopt and to modify from time to time, in its discretion, rules
and regulations for all users of the Garage Unit parking facilities. In no event shall Residential Tenants be excluded from access and use of the parking spaces within Garage Unit as
a result of the Owner of Garage Unit or its lessee making such parking spaces available for use by entities or individuals that are not Residential Tenants. The Garage Unit may not be
used for residential purposes.
Retail Unit. Retail Unit and the Limited Common Elements appurtenant thereto may be used for any lawful use that is compatible with its intended use as commercial and retail space,
provided, however that the Retail Unit may not be used for residential purposes or any of purposes restricted in Schedule D.
Not Permitted Uses. Notwithstanding the foregoing, none of the Units may be used for any use that is hazardous or offensive, that threatens the safety or security of the Authorized
Users of the Units, that generates noise or odors generally considered inappropriate in a mixed use residential building, that will result in the cancellation of insurance on any part
of the Condominium, that violates the certificate of occupancy for the applicable portion of the Building, that would reasonably lead to an increase in crime around the Building, or
that would be in violation of any applicable laws, codes, or regulations, including uses in violation of federal law whether or not permitted under state law.
Effect on Insurance. Except for such activities and improvements as are permitted by the Act or the Governing Documents, nothing shall be done or kept in any Unit or in any Common Element
that will increase the rate of insurance or result in the cancellation of insurance on the property without the prior written consent of the Board.
Intrusive Activity. No Owner shall conduct, permit or allow (i) any noise, vibration, odor or other undesirable effect to emanate from a Unit or Common Element except in connection
with construction, repair or renovation of the Property; or (ii) any illegal, noxious or offensive activity to be carried on in any Unit or Common Element. No Owner or Authorized User
shall conduct, permit or allow any activity or the keeping of anything in a Unit or a Common Element that may interfere with the use or enjoyment of the Apartments or Common Elements,
threaten the comfort, safety or security of any Owner or its Authorized Users, or be or become an annoyance or nuisance to other Owners or Authorized Users. Upon notice by the Board
or a Unit Owner to an Owner that any of the aforesaid is occurring, the Owner shall, within ten (10) days thereafter, remove or control the same and, if any such condition is not so
remedied, then the Board may, at its discretion, either: (1) cure such condition at the Owner’s expense; or (2) pursue any other available legal or equitable remedy. Notwithstanding
the foregoing, noise and odors commonly associated with occupation of residential dwellings, not constituting a nuisance or violation of applicable laws, statutes or ordinances, shall
be permitted.
Use of Building.
General. No Unit Owner or Authorized User shall use the plumbing facilities for any purpose other than the provision of water or disposal of ordinary wastewater. No Unit Owner or Authorized
User shall install, operate or maintain in any Unit any electrical equipment which will overload the electrical system of the Condominium, or any part thereof, beyond its reasonable
capacity for proper and safe operation as determined by the Board. No Unit Owner or Authorized User shall use or occupy a Unit or a Common Element, or do or permit anything to be done
thereon, in any manner which will cause structural injury to the Building, or which would violate any present or future, ordinary or extraordinary, laws, regulations, ordinances, or
requirements of the federal, state, or local governments, or of any department, subdivision, bureaus, or offices thereof, or of any other governmental public or quasi-public authorities
now existing or hereafter created having jurisdiction over the Condominium.
Deliveries. The delivery or shipment of goods, merchandise, and supplies to and from the Units shall be accomplished in a manner that does not unreasonably interfere with the enjoyment
and security of the Residential Tenants and the Owner or Authorized Users of the Units. Any business operated in Retail Unit may not be open for delivery or shipment of goods between
the hours of 10:00 p.m. and 6:00 a.m.; provided, however, occasional deliveries to Retail Unit outside of these hours shall be permitted so long as such activities do not unreasonably
interfere with the enjoyment and security of the Residential Tenants and the Owner or Authorized Users of the Units.
Hazardous Substances. No Owner or Authorized User shall permit any Hazardous Substance to be generated, processed, stored, transported, handled, or disposed of on, under, in, or though
the Owner’s Unit or the Property, except for storage, handling or use of reasonable quantities and types of cleaning solvents, paint, herbicides for landscape maintenance and similar
materials which are incidental to normal commercial, rental or residential uses in the ordinary course and prudent conduct of an Owner’s or Authorized User’s business and used in compliance
with applicable laws and regulations. Each Owner shall indemnify, defend, and hold harmless the other Owner or Owners and the Association from all fines, suits, procedures, claims,
and actions of any kind arising out of or in any way connected with any spills or discharges of Hazardous Substances or wastes arising from the operation or use of the Unit or the Property
by the Owner or Authorized User. As used herein, the term “Hazardous Substance” means any hazardous, toxic, or dangerous substance, waste, or material which is or becomes regulated
under any federal, state, or local statute, ordinance, rule, regulation, or other law now or hereafter in effect pertaining to environmental protection, contamination, or cleanup, including
without limitation any substance, waste, or material which now or hereafter is designated as a “Hazardous Substance” under the Comprehensive Environmental Response, Compensation and
Liability Act (42 USC, §9601 et seq); or under any local or state rule or regulation. Without limiting the foregoing, Hazardous Substances shall include, but not be limited to, any
substance which after being released into the environment or indirectly by ingestion through food chains, will or may reasonably be anticipated to cause death, disease, behavior abnormalities,
cancer, and/or genetic abnormalities.
Conveyance by Owners; Notice Required. Conveyance of Residential Unit will require written approval by the Investor. The right of an Owner to transfer the Unit 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. The Board shall have the right to notify
the purchaser, the title insurance company, and the closing agent of the amount of unpaid Assessments and charges outstanding against the Unit, whether or not such information is requested.
If the Association is the named insured under any insurance policy under Article 20, the Association shall notify each insurance company that has issued an insurance policy under Article
20 of the name and address of the new owner and request that the new Owner be made an additional insured under such liability policy.
Signs. An Owner or Authorized User may install, display or use any advertising media or device in or on any Common Element only to the extent permitted by applicable laws, codes, and
regulations.
Trash, Garbage and Recycling. Each Owner shall be responsible for removing all trash and garbage from the Owner’s Unit and placing it in such location and receptacles as are authorized
by the Board. The Board shall determine what trash and recycling removal service to provide for the Condominium. The Board may provide different trash removal services for the Units
and may specially assess those costs to each Owner. Each Owner is responsible for removing from the Condominium all trash and garbage generated by that Owner or its Authorized Users
that is not required to be picked up by such service. An Owner may separately contract for removal of trash and garbage generated by Owner or its Authorized Users, with approval of
Board. “Trash” as used herein includes materials to be recycled or composted.
CONSTRUCTION AND MAINTENANCE OF UNITS AND COMMON ELEMENTS
Owner Maintenance. Each Owner shall, at the Owner’s sole expense, be responsible for the maintenance, repair and replacement of the portions of the Building and improvements located
within the Owner’s Unit, or otherwise constituting a part thereof, and the Limited Common Elements allocated solely to such Unit. Each Owner shall maintain the
improvements located within its Unit in sound condition and shall not allow such improvements to fail, deteriorate or cease functioning through lack of regular or proper maintenance.
Each Owner shall be responsible for any damage to the improvements located within its Unit, the improvements located within another Unit or the Common Elements caused by such Owner’s
failure to maintain its improvements pursuant to this section.
Association Maintenance. Except as set forth in Section 11.1, the Association is responsible for the maintenance, repair, and replacement of the Common Elements, the cost of which shall
be a Common Expense or Specially Allocated Expense, as set forth in this Declaration. Except as set forth in Section 11.1, the Association is responsible for the maintenance and repair
of the Common Element improvements and Limited Common Elements that are allocated to more than one Unit. The Board may permit or require Unit Owners to maintain some or all of the Common
Elements or Limited Common Elements that are allocated to more than one Unit if it concludes that the Owners will properly maintain those Common Elements, and that there is little risk
of damage to the Condominium or cost to the Association from such transfer of maintenance responsibility. The Board may contract with any Owner to perform certain of these functions
recognizing that the Owner or its Affiliates may have the personnel with the necessary qualifications to operate, maintain and repair the Common Element improvements, on terms and conditions
as the Board deems advisable. The Board shall have this authority notwithstanding that such an Owner is affiliated with certain of the directors.
Construction Work — Common Elements. Except as provided in this Declaration, the Common Elements shall not be reconstructed, rebuilt, altered, removed or replaced except by the Association
acting through the Board in accordance with the Act, this Declaration and the Bylaws.
ALTERATIONS OF BUILDING
Any structural modifications of or affecting in any way the Building and any modifications affecting the exterior of the Building or affecting any Common Element that is part of the
Building shall require the approval of the Association
OWNERS ASSOCIATION
Form of Association. The Owners of Units shall be members of an owners association to be known as the Astra Condominium Association (the “Association”). The Association shall be organized
as, a nonprofit corporation, no later than the Transition Date. Except where expressly reserved to the Owners under the Act or the Governing Documents, the affairs of the Association
shall be managed by the Board. The rights and duties of the Board and of the Association shall be governed by the provisions of the Act, The Washington Nonprofit Corporation Act (RCW
Chapter 24.03A), the Declaration and the Bylaws.
Bylaws. The Board will adopt initial Bylaws to supplement the Declaration and to provide for the administration of the Association and the property and for other purposes not inconsistent
with the Act or the Declaration. The initial Bylaws may be amended pursuant to the procedures set forth in Article 24.
Qualifications For Membership. Each Owner of a Unit (including the Declarant as to Units it owns) shall be a member of the Association and shall be entitled to one membership for each
Unit owned. Only Owners may be members of the Association. Ownership of a Unit shall be the sole qualification for membership in the Association.
Transfer of Membership. The membership of an Owner in the Association is appurtenant to the Unit giving rise to the membership. The membership may not be transferred in any way except
upon the transfer of title to the Unit and then only to the transferee of title to the Unit, provided that if a Unit has been sold on contract, the contract purchaser shall, except as
otherwise set forth in the Governing Documents, exercise all rights of the Owner under the Governing Documents, and shall be the voting representative unless otherwise specified. Any
attempt to make a prohibited transfer shall be void. Any transfer of title to a Unit will automatically transfer the membership in the Association to the new Owner.
Number and Classes of Votes. The allocation of Voting Interest in the Association is set forth in Article 6 of the Declaration. Other matters concerning voting are set forth in the
Bylaws.
Powers of Association.
General Powers. Except to the extent limited by the Governing Documents, the Association with at least 60% of the total Voting Interests shall have (i) all powers authorized under the
Act and The Washington Nonprofit Corporation Act; (ii) all powers necessary for the operation of the Condominium and governance of the Association; (iii) any other powers authorized
by this Declaration; and (iv) all other powers that may be exercised under the common law by any owners association.
Capital Improvements. The Association may cause additional improvements to be made as a part of the Common Elements, and acquire, hold, encumber, convey, and dispose of, in the Association’s
name, right, title, or interest to real or tangible and intangible personal property, and arrange for and supervise any addition or improvement to the Condominium.
Rules and Regulations. The Board may adopt such Rules and Regulations as in the judgment of the Board are necessary for the safe, sanitary and efficient operation of the Condominium.
Any such Rules and Regulations must accommodate the business needs and interests of, and the governmental restrictions imposed upon, the Owners and Authorized Users of the Units. All
Rules and Regulations adopted by the Board shall comply with the following provisions (which shall not apply to amendments to this Declaration adopted in accordance with Article 24):
No Rule or Regulation shall interfere with the freedom of Residential Tenants to determine the composition of their households.
In adopting, amending or rescinding Rules and Regulations, the Board shall give consideration to the interests of the Unit Owners and their respective Authorized Users, as well as the
interests of the Association. No Rule or Regulation
may be arbitrary or capricious. All Rules and Regulations must treat similarly situated Units, Owners and Authorized Users similarly. No Rule or Regulation shall be inconsistent with
or violate the provisions of the Declaration, Articles, Bylaws or any Regulatory Agreement.
The Board and the Association shall have no power to adopt Rules and Regulations or otherwise take any action with respect to any Residential Tenants that would constitute a violation
of applicable landlord/tenant law, the Fair Housing Act, the Americans with Disabilities Act or any other federal, state or local antidiscrimination laws.
Following adoption, amendment, or repeal of a rule, the Association must give notice to the Unit Owners and the Investor of its action and provide a copy of any new or revised rule.
Financial Statements and Records. The Association must keep all of its funds in accounts in the name of the Association with a Qualified Financial Institution. The Association shall
keep financial records in accordance with accrual-based accounting principles. The Association must establish and maintain its accounts and records in a manner that will enable it to
credit Assessments for Common Expenses and Specially Allocated Expenses, including allocations to reserves, and other income to the Association, and to charge expenditures, to the account
of the appropriate Units in accordance with the provisions of this Declaration. At least annually, the Association shall prepare, or cause to be prepared, a financial statement of the
Association in accordance with accrual-based accounting principles. The annual financial statement need not be audited. Any Mortgagee or Investor will be entitled to receive the financial
statement upon written request.
Inspection of Condominium Documents, Books and Records. The Books and Records of the Association shall be kept in the offices of the Association, as designated in the Bylaws. The Association
shall make available to Owners, Mortgagees, the Investor, prospective purchasers and their prospective Mortgagees, and the agents or attorneys of any of them, current copies of the Books
and Records of the Association. “Available” shall mean available for inspection upon request, during normal business hours or under other reasonable circumstances. The Association
may require the requesting party to pay a reasonable charge to cover the cost of making the copies.
TRANSFER OF CONTROL
Declarant’s Transfer of Association Property. Within sixty (60) days after the Transition Date, the Declarant shall deliver to the Association all property of the Owners and of the
Association held or controlled by the Declarant including, but not limited to, the Books and Records of the Association and control of Association funds.
Audit of Records Upon Transfer. Within 120 days after the Transition Date, the records of the Association shall be audited as of the date of transfer by an independent certified public
accountant in accordance with generally accepted auditing standards unless the Owners, other than the Declarant, elect to waive the audit. The costs of the audit shall be a Common Expense.
THE BOARD OF DIRECTORS
Selection of the Board and Officers. The qualifications, number, method of election, removal and terms of service of the directors and officers shall be as specified in the Bylaws.
Powers of the Board. Except where expressly reserved to the Owners under the Act or the Governing Documents, the affairs of the Association shall be managed by the Board. The Board
may exercise all powers of the Association, except as otherwise provided in the Governing Documents. The Board shall have the power to contract for and provide goods and services necessary
for the proper functioning of the Condominium pursuant to the Governing Documents. Those goods and services may include, but are not limited to, the following:
Utilities. All necessary utility services for the Common Elements that are not the Limited Common Elements, and all such services for the Limited Common Elements and the Units if not
separately metered or charged, in which case, the Board may by reasonable formula allocate a portion of such expense to each such Unit involved as part of its Common Expense Liability.
Additions to Common Elements. Additions or improvements to the Common Elements.
Professional Services. The legal and accounting services necessary or proper for the operation of the project or enforcement of Governing Documents.
Maintenance. Unless otherwise provided in the Declaration, the maintenance, repair and replacement of the Common Elements.
Other Necessary Expenditures. Any other materials, supplies, structural alterations, furniture, labor, services, insurance, taxes or assessments that the Association is required to
secure or pay for pursuant to the terms of this Declaration, the Bylaws, or under law, or that, in its opinion, are necessary or proper for the operation of the Condominium, or for the
enforcement of this Declaration or the Bylaws; provided that if any such services are provided for particular Units, the cost thereof shall be specially assessed to the Owners of such
Units and shall be due and payable within thirty days of written notice and demand made to such Owners.
Liens. The Board may cause the Association to pay any amount necessary to discharge any lien or encumbrance levied against the entire Property or any part thereof that may or is claimed,
in the opinion of the Board, to constitute a lien against the Property or against the Common Elements, rather than merely against the interest therein of particular Owners. Where one
or more Owners are responsible for the existence of such lien, they shall be jointly and severally liable for the cost of discharging it, and any costs and expense incurred by the Association
by reason of such lien or liens shall be assessed against the Owners and the Units responsible to the extent of their responsibility and shall be immediately due and payable to the Association.
Representation by Association. The Association shall represent the Unit Owners in any proceedings related to the condemnation, destruction, or liquidation of all or part of the Condominium,
and shall have the sole authority to participate in all negotiations and enter into all related settlements or agreements on behalf of the Unit Owners; provided, however, that the written
consent of the Investor shall also be required with respect to any such settlements or agreements. The Unit Owners hereby appoint the Association as their attorney-in-fact in all such
matters.
Managing Agent. The Association may contract with a Managing Agent to assist the Board in the management and operation of the Condominium and may delegate such of its powers and duties
to the Managing Agent as it deems to be appropriate, except as limited herein. Any contract with a Managing Agent must be approved by the holder of each first Mortgage on a Unit, shall
have a term no longer than one year (but may be renewable by agreement of the Board and Managing Agent for successive one-year periods) and shall be terminable by the Board without payment
of a termination fee either with or without for cause on not more than 30 days’ written notice.
Exclusive Right to Contract. The Board shall have the exclusive right to cause the Association to contract for all goods and services for which payment related thereto in accordance
with the approved budget is to be made from the common expense fund.
Authorization of Board of Directors. In the event the moneys in the common expense fund are insufficient to pay the expenditures provided for herein, the Board is authorized (subject
to the limitations set forth in this Declaration) to cause the Association to borrow money to meet such expenditures on behalf of the Association and, to secure the repayment thereof,
encumber any portion of the Common Elements. Prior to incurring debt or encumbering or conveying any interest in the Common Elements, the Board must obtain the written consent of all
Unit Owners, Eligible Mortgagees and the Investor. Proceeds of the financing authorized under this section are an asset of the Association. Any agreement for the sale or financing
of Common Elements shall be in writing, contain a legal description of the Common Elements affected thereby, shall be signed by all Unit Owners, and all such signatures shall be acknowledged.
The agreement shall be recorded in the county in which the property is located and shall contain a deadline by which it must be recorded. No conveyance or encumbrance of Common Elements
pursuant to this Section shall deprive any Unit of its rights of access or support. In addition, the Board is authorized, subject to the limitations set forth in this Declaration, to
cause the Association to borrow money to meet such expenditures on behalf of the Association and, to secure the repayment thereof to encumber future income of the Association, including
any receivable, right to payment, and special and general assessments from the Unit Owners, but any assignment of future income may be made only with the written consent of the Eligible
Mortgagees and the Investor. In connection with the encumbrance of future income of the Association, the Association may execute such loan documents and undertake such obligations as
the lender may require to realize on the encumbrance including powers of attorney, control over deposit accounts, the right to file or foreclose assessment liens, and the right to contact
account debtors (including the Unit Owners) and require that payment be made directly to the lender.
Actions by the Board. Except when a higher or different standard is required by a provision of this Declaration, the Act, or the Governing Documents, the Board shall act by majority
vote. The Board shall act reasonably, in light of the facts determined by the Board, in making all determinations, exercising its discretion, granting or withholding consent, or taking
any action on behalf of the Association. The Board shall not act on behalf of the Association to amend the Declaration in any manner that requires the vote or approval of the Unit Owners
pursuant to Article 24, to terminate the Condominium pursuant to Article 25, or to elect members of the Board or determine the qualifications, powers, and duties, or terms of office
of members of the Board.
Indemnification. Each Board member, officer and committee member, including the Declarant when acting in any such capacity, shall be indemnified by the Association against all expenses
and liabilities, including attorneys’ fees, reasonably incurred by or imposed in connection with any proceeding to which such person may be a party, or in which such person may become
involved, by reason of holding or having held such position, or any settlement thereof, whether or not such person holds such position at the time such expenses or liabilities are incurred,
except to the extent such expenses and liabilities are covered by any type of insurance and except in such cases wherein such person is adjudged guilty of negligence or willful misfeasance
in the performance of such person’s duties; provided, that in the event of a settlement, the indemnification shall apply only when the Board approves such settlement and reimbursement
as being for the best interests of the Association.
Entry for Repairs or Maintenance. The Association, the Managing Agent, and their agents or employees may enter a Unit and the Limited Common Elements allocated thereto to inspect and
to effect repairs, improvements, replacements, maintenance or sanitation work deemed by the Board to be necessary in the performance of its duties; to obtain access to Common Elements;
to do work that the Owner has failed to perform in violation of this Declaration; to prevent damage to the Common Elements or to another Unit; or to prevent unnecessary Common Expenses.
To the extent practical, the Board shall cause reasonable advance notice of entry to be given to the Unit Owners. If the Board determines there is a need to repair or replace a portion
of a Unit or Limited Common Element, the Association may either require the Owner to make the repair or replacement or make the repair or replacement itself and allocate the cost to
the Owner. The Board may levy a special Assessment against the Owner of the Unit for all or a part of such sums, which may be collected and foreclosed by the Association in the same
manner as Assessments are collected and foreclosed under Article 17. In furtherance of this right, the Board may require Owners and their Authorized Users to furnish the Board or its
agent with duplicate keys to the Units.
BUDGET AND ASSESSMENTS
Fiscal Year. The fiscal year shall be the calendar year.
Preparation of Budget. Not less than thirty (30) days before the end of the fiscal year, the Board shall prepare a budget for the Association for the coming year. In preparing its
budget the Board shall estimate the Common Expenses of the Association to be paid during the year, may make provision for accumulation of reserves, including amounts reasonably anticipated
to be required for maintenance, repair, and replacement of the Common Elements, and may take into account any surplus or deficit carried over from the preceding year and any expected
income to the Association.
Ratification of Budget. Within thirty (30) days after adoption of any proposed budget for the Condominium, the Board shall provide a copy of the proposed budget to each Owner and the
Investor and shall set a date for a meeting of the Owners to consider ratification of the budget not fewer than fourteen (14) nor more than sixty (60) days after mailing of the proposed
budget. The proposed budget shall be deemed ratified unless Owners holding at least 60% of the Voting Interest vote to reject the budget. In the event the proposed budget is rejected
at such meeting, the periodic budget last ratified by the Unit Owners shall be continued until such time as the Unit Owners ratify a subsequent budget proposed by the Board pursuant
to this Section. If the Board proposes a supplemental budget during any fiscal year, such budget shall not take effect unless ratified by the Unit Owners in accordance with this Section.
Revisions to Budget. The Board may revise the budget and any Assessments based thereon, from time to time for any reason, including non-payment of any Owner’s Assessments. A revised
budget shall be ratified pursuant to Section 16.3.
Assessments for Common Expenses. The sums required by the Association for Common Expenses as reflected by the annual budget and any supplemental budgets shall be paid annually (or at
such other interval to be established by the Board) over the period to be covered by the budget or supplemental budget. The annual Assessment for Common Expenses for each Unit shall
be the total of (a) the Common Expense Liability of that Unit (except Specially Allocated Expenses) and (b) any Specially Allocated Expenses of that Unit. Assessments shall commence
against all Units that have been created by this Declaration at such time as is determined by the Board.
Specially Allocated Expenses. The Common Expenses described in this section shall be assessed against the Owners as described herein, and not on the basis of the Owner’s Common Expense
Liability.
Insurance. The Common Expense of procuring and maintaining insurance shall be allocated among the Units on the basis of the Owner’s Common Expense Liability; except that such costs
may be allocated by the Board among the Unit Owners based on the relative cost of insuring each Unit and the operations conducted therein, if the insurance provider or other third-party
professional provides the Association with a reasonable alternative allocation of insurance expenses among each Unit and the Common Elements, based upon the uses and relative values
of each Unit, and the allocation implemented by the Board is based upon such reasonable alternative allocation method. Upon placement or renewal of insurance, the Board shall consult
with its insurance agent, broker, insurer or insurance advisors to determine how to fairly allocate the Common Expense for insurance among the Unit Owners based on the relative cost
of insuring each Unit and the operations conducted therein.
Misconduct. To the extent that any Common Expense is caused by the negligence of, misconduct by, or violation of the Governing Documents by, an
Owner or Authorized User of any Unit, the Association may assess the expense (including the cost of any deductible under the Association’s property insurance) against the Unit.
Limited Common Elements. Any Common Expense associated with the operation, maintenance, repair, or replacement of a Limited Common Element shall be assessed against the Unit(s) to which
that Limited Common Element is allocated.
Unequal Benefit. The Board must assess any Common Expense, or portion thereof, that benefits fewer than all the Units solely against the Units receiving the benefit.
Utilities. If utilities paid for by the Association are separately metered or sub-metered to the Units, the Common Expense for those utilities will be assessed to the user(s) of the
service based on the metering. If utilities are not separately metered to the Units, the Board shall assess the Common Expense for those utilities, or any portion thereof, according
to the Common Expense Liability if they serve all Units; and otherwise in proportion to usage as estimated by the Board or its designee.
Real Property Taxes. To the extent (and only to the extent) real property taxes become due prior to the segregation of the Units into separate tax parcels by the taxing jurisdiction,
then such taxes shall be assessed to the Units by the Board based on Common Expense Liability taking into account any tax exemptions available to such Units.
Special Assessments. For those Common Expenses which cannot reasonably be calculated and paid on a regular basis, the Board may levy special Assessments for such expenses against the
Units, subject to ratification by the owners pursuant to Section 16.3.
Creation of Reserves; Assessments. The Board may establish reserve accounts as it deems appropriate, may withdraw funds from such accounts as it determines, and may make assessments
for reserves in such budgets.
Notice of Assessments. The Board shall notify each Owner in writing of the amount of the general and special Assessments to be paid for the Owner’s Unit and shall furnish copies of
all budgets and the Common Expense Liability allocations which apply to the Unit, on which the general and special Assessments are paid. The Board shall furnish duplicate copies of
the same information to the Investor. The Board shall furnish the same information to an Owner’s Mortgagee if so requested.
Payment of Assessments. On such installment schedule adopted by the Board, each Owner shall pay or cause to be paid to the treasurer or designated agent of the Association all Assessments
against the Unit for that year (or such other installment period as adopted by the Board). Any Assessment not paid by within five (5) days of the designated payment due date shall be
delinquent and subject to late charges, interest charges and collection procedures as provided in Article 17.
Proceeds Belong to Association. All Assessments and other receipts received by the Association on behalf of the Condominium shall belong to the Association.
Failure To Assess. Any failure by the Board or the Association to make the budgets and Assessments hereunder before the expiration of any year for the ensuing 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 Assessments during that or any subsequent year, and
the Assessment amounts established for the preceding year shall continue until new Assessments are established.
Certificate of Unpaid Assessments. Upon the request of any Owner, Investor or Mortgagee of a Unit, the Board will furnish a certificate stating the amount, if any, of unpaid Assessments
charged to the Unit. The certificate shall be conclusive upon the Board and the Association as to the amount of such indebtedness on the date of the certificate in favor of all purchasers
and mortgagees of the Unit who rely on the certificate in good faith. The Board may establish a reasonable fee to be charged to reimburse it for the cost of preparing the certificate.
Recalculation of Assessments. If Common Expense Liabilities are reallocated, Common Expense Assessments, special Assessments, and any installment thereof not yet due shall be recalculated
in accordance with the reallocated liabilities.
Assessments Due in Future. No assessment of any kind shall be made that will come due more than one year after the date of the Board action making such assessment. Any Assessment that
has not yet come due may be reduced or rescinded by a vote of the majority of the Board, by written notice to the Owners.
LIEN AND COLLECTION OF ASSESSMENTS
Assessments Are a Lien; Priority.
The Association has a lien on a Unit for any unpaid Assessment levied against a Unit from the time the/Assessment is due.
A lien under this Article shall be prior to all other liens and encumbrances on a Unit except: (a) liens and encumbrances recorded before the recording of this Declaration and all modifications,
amendments, restatements and extensions of such liens and encumbrances; (b) a Mortgage or Regulatory Agreement on the Unit recorded before the date on which the Assessment sought to
be enforced became delinquent; and (c) liens for real property taxes and other governmental assessments or charges against the Unit.
Recording of this Declaration constitutes recorded notice and perfection of the lien for Assessments, however, the Association may record a notice of claim of lien for Assessments in
the real property records of the county in which the Condominium is located.
The Association shall not enforce its lien rights against a Unit Owner unless and until the Association shall have provided written notice of default to the Investor and any Eligible
Mortgagee and the Investor or Eligible Mortgagee have failed to cure the default giving rise to such enforcement within (i) 60 days if such default can be cured by the payment of a sum
of money and (ii) 180 days for any other type of default. Said 180-day cure
period shall be tolled so long as the defaulting Unit Owner is in bankruptcy or so long as the Investor or Eligible Mortgagee are attempting in good faith to resolve the default.
Lien May Be Foreclosed; Judicial Foreclosure. The lien arising under this Article may be enforced judicially by the Association or its authorized representative in the manner set forth
in RCW 61.12, or nonjudicially in the manner set forth in Section 17.3. The Association or its authorized representative shall have the power to purchase the Unit at the foreclosure
sale and to acquire, hold, lease, mortgage, or convey the same. Upon an express waiver in the complaint of any right to a deficiency judgment in a judicial foreclosure action, the period
of redemption shall be eight (8) months. Nothing in this section shall prohibit the Association from taking a deed in lieu of foreclosure. The holder of a Mortgage or other purchaser
of a Unit who obtains the right of possession of a Unit through foreclosure shall not be liable for any Assessments or installments thereof that became due prior to such right of possession.
Any such unpaid Assessments that became due prior to the holder of a Mortgage or other purchaser of a Unit taking of possession by foreclosure shall be deemed to be Common Expenses
collectible from all the Owners, including such Mortgagee or other purchaser of the Unit. The holder of a Mortgage or other purchaser of a Unit who obtains the right of possession of
a Unit through foreclosure shall be liable for any Assessments or installments thereof that became due after taking possession. Foreclosure of a Mortgage does not relieve the prior
Owner of personal liability for Assessments accruing against the Unit prior to the date of such sale.
Nonjudicial Foreclosure. A lien arising under this Article may be foreclosed nonjudicially in the manner set forth in RCW 61.24 for nonjudicial foreclosure of deeds of trust. For the
purpose of preserving the Association’s nonjudicial foreclosure option, this Declaration shall be considered to create a grant and conveyance of each Unit in trust to First American
Title Insurance Company or its successors or assigns (“Trustee”), to secure the obligations of each Unit Owner (“Grantor”) to the Association (“Beneficiary”) for the payment of Assessments.
Grantor shall retain the right to possession of Grantor’s Unit so long as Grantor is not in default of an obligation to pay Assessments. The Trustee shall have a power of sale with
respect to each Unit, which becomes operative in the case of a default in a Grantor’s obligation to pay Assessments. No Unit is used principally for agricultural or farming purposes.
If the Association forecloses its lien nonjudicially pursuant to this Section, it shall not be entitled to the lien priority over Mortgages provided in Section 17.1.2 and shall be subject
to the limits on deficiency judgments under chapter 61.24 RCW.
Receiver During Foreclosure. In an action to collect Assessments or to foreclose on a lien on a Unit, the Association shall be entitled to the appointment of a receiver to collect all
sums due and owing to the Unit Owner before commencement of the action or during the pendency of the action. The receivership shall be governed by chapter 7.60 RCW. During the pendency
of the action, the court may order the receiver to pay sums held by the receiver to the Association for any Assessments against the Unit. The exercise by the Association of the foregoing
rights shall not affect the priority of preexisting liens on the Unit.
Assessments Are Personal Obligations. In addition to constituting a lien on the Unit, all sums assessed by the Association chargeable to any Unit, including all charges in this Article,
shall be the personal obligation of the Owner of the Unit when the Assessments are
made. Suit to recover personal judgment for any delinquent Assessments shall be maintainable without foreclosing or waiving the liens securing them.
Extinguishment of Lien and Personal Liability. A lien for unpaid Assessments and the personal liability for payment of Assessments is extinguished unless proceedings to enforce the
lien or collect the debt are instituted within three years after the amount of the Assessments sought to be recovered becomes due.
Joint and Several Liability. In addition to constituting a lien on the Unit, each Assessment shall be the joint and several obligation of the Owner or Owners of the Unit to which the
same are assessed as of the time the Assessment is due, except as otherwise specifically provided herein. In a voluntary conveyance, the grantee of a Unit shall be jointly and severally
liable with the grantor for all unpaid Assessments against the grantor up to the time of the grantor’s conveyance, without prejudice to the grantee’s right to recover from the grantor
the amounts paid by the grantee therefore. Suit to recover a personal judgment for any delinquent Assessment shall be maintainable in any court of competent jurisdiction without foreclosing
or waving the lien securing such sums.
Late Charges and Interest on Delinquent Assessments. The Association may from time to time establish reasonable late charges and a rate of interest to be charged on all subsequent delinquent
Assessments or installments thereof. In the absence of another established nonusurious rate, delinquent Assessments shall bear interest from the date of delinquency at the maximum rate
permitted under RCW 19.52.020 on the date on which the Assessments became delinquent.
Recovery of Attorneys’ Fees and Costs. The Association shall be entitled to recover any costs and reasonable attorneys’ fees incurred in connection with the collection of delinquent
Assessments, whether or not such collection activities result in suit being commenced or prosecuted to judgment. In addition, the Association shall be entitled to recover costs and
reasonable attorneys’ fees if it prevails on appeal and in the enforcement of a judgment.
ENFORCEMENT OF GOVERNING DOCUMENTS
Rights of Action. Each Owner, its Authorized, Users and the Association shall comply strictly with the Governing Documents and the proper decisions of the Board. The Declarant shall
enjoy all the rights and assume all the obligations of an Owner as to each unsold Unit in the Condominium owned by the Declarant. The Association acting on behalf of the Owners or any
Owner acting on his own behalf may bring an action to recover sums due or damages, or for injunctive relief, or any or all of them, against any party who fails to comply with the Governing
Documents and the proper decisions of the Board.
Additional Rights. Without limiting any rights and powers of the Association, the Board may take any of the following actions against any party who fails to comply with the Governing
Documents and the proper decisions of the Board:
Require an Owner, at its own expense, to stop work on, and remove, any improvement from such Owner’s Unit or other areas of the Condominium in violation
of the Governing Documents and to restore the Unit or other areas to its or their previous condition and, upon failure of the Owner to do so, the Board or its designee shall have the
right to enter the Unit or other areas, remove the violation and restore the improvements within the Unit or other areas to substantially the same condition as previously existed and
any such action shall not be deemed a trespass;
Levy Assessments against a Unit Owner to cover costs incurred by the Association to cure a violation of the Governing Documents by such Unit Owner;
Impose reasonable monetary fines which shall constitute an Assessment and a lien upon the violator’s Unit. No fine may be imposed, however, unless pursuant to a previously established
schedule thereof adopted by the Board and distributed to Owners;
To the extent allowed by applicable law, suspend any right or privilege of a Unit Owner who fails to pay an Assessment, but the Association may not (i) deny a Unit Owner or other occupant
access to the Owner’s Unit, (ii) suspend a Unit Owner’s right to vote, or (iii) withhold services provided to a Unit or a Unit Owner by the Association if the effect of withholding the
service would be to endanger the health, safety, or property of any Person; and
To the extent allowed by applicable law, exercise self-help or take action to abate any violation of the Governing Documents.
Remedies Cumulative; Attorneys’ Fees. All remedies set forth in the Governing Documents shall be cumulative of any remedies available at law or in equity. In any action to enforce
the Governing Documents, if the Association or Owner prevails, it shall be entitled to recover all costs, including without limitation, its attorneys’ fees and court costs, reasonably
incurred in such action.
TORT AND CONTRACT LIABILITY.
Association Liability. An action alleging a wrong done by the Association must be brought against the Association and not against any Owner or any officer or director of the Association.
An Owner is not precluded from bringing an action contemplated by this section because he or she is a Unit Owner or a member or officer of the Association.
Limitation of Liability for Utility Failure. Except to the extent covered by insurance obtained by the Association, none of the Association, the Board, the Managing Agent nor the Declarant
(except in its role as Unit Owner) shall be liable to any Unit Owner for:
the failure of any utility or other service to be obtained and paid for by the Association;
injury or damage to person or property caused by the elements, or resulting from electricity, water, rain, dust, mold or mildew which may leak, travel or flow from outside of the Building,
from any Unit, any Common Element or from any part of the Building, or from any pipes, drains, conduits, appliances, or equipment, or from any other place; or
inconvenience or discomfort resulting from any action taken to comply with the Governing Documents, any law, ordinance or orders of a governmental authority. No diminution or abatement
of Assessments shall be claimed or allowed for any such utility or service failure, or for such injury or damage, or for such inconvenience or discomfort.
No Personal Liability. So long as a Board member, officer and committee member, including the Declarant when acting in such capacity, and the Managing Agent has acted in good faith,
in accordance with applicable law, without willful or intentional misconduct, upon the basis of such information as is then possessed by such person, no such person shall be personally
liable to any Owner, or to any other person, including the Association, for any damage, loss or prejudice suffered or claimed on account of any act, omission, error, or negligence of
such person; provided, that this section shall not apply to deny coverage for any such act, omission, error or negligence under any insurance obtained by the Board. Notwithstanding
anything to the contrary herein, the Board shall use commercially reasonable efforts to collect Assessments levied under Article 16.
INSURANCE
Required Insurance. Unless otherwise agreed in writing by the Owners holding at least 60% of the Voting Interest, the Association shall maintain, to the extent reasonably available,
a policy or policies necessary to provide (a) property insurance on the Condominium, and (b) liability insurance. The Board shall review at least annually the adequacy of the Association’s
insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects, are authorized to do business in the state of Washington,
and meet the reasonable requirements of Mortgagees and the Investor, except to the extent such coverage is not available on commercially reasonable terms or has been waived in writing
by such Mortgagees or Investor, as applicable. If any insurance required by this Section is obtained by the Unit Owners and not the Association, the Owner shall furnish evidence to
the other Owners that such insurance is in effect. If any insurance required by this Section is obtained by the Association on behalf of the Owners, the premiums therefor (and any applicable
deductible in the event of casualty) may be specially allocated to the Owners in accordance with risk as provided in Section 16.6.1 of this Declaration.
Property Insurance Requirements. The Association shall maintain property insurance written on a “special form” of coverage. The property insurance shall cover (i) all Common Element
improvements, (ii) all Unit improvements and all fixtures, betterments and alterations within the Unit but only to the extent comprising the initial construction, and not any fixtures,
improvements, betterments, alterations or additions subsequently made by, or trade fixtures, equipment or appliances of, the Unit Owner or Tenants (iii) to the extent not described in
the foregoing clauses, the tangible personal property of the Association. The property insurance shall insure against all risks of direct physical loss and may, but need not, include
damage caused by earthquakes or terrorism. The property insurance shall not provide coverage for any personal property of the Unit Owners or Tenants. The amount of insurance shall
not be less than 100% of the current replacement cost of the insured property at the time the insurance is purchased and at each renewal date, exclusive of land, excavations, foundations
and other items normally excluded from property policies, and subject to such deductibles as the Board may determine. The Board
may, in its discretion (but without any obligation to do so), from time to time obtain, cancel, increase or reduce earthquake insurance on any portion of the Condominium that is to be
insured by the Association as provided above in this Declaration. Any Owner may maintain earthquake insurance for its own benefit. The Association’s property policy need not cover
the Unit improvements within a Unit to the extent the Board approves in writing, in its sole discretion, a written request from the Owner to allow such Owner to be the first named insured
on an alternative, separate property policy for those Unit improvements. Any such property insurance obtained by an Owner on its Unit improvements shall name the Association as a loss
payee and shall comply with all requirements of this Article 20 including those applicable to coverage amounts, coverage endorsements, and maximum deductibles. Each Owner who obtains
separate insurance to cover its Unit improvements shall deliver to the Association acceptable proof of insurance evidencing the coverage as required by this Section. The Association
shall have the right but not the obligation to insure the Unit improvements of any Owner notwithstanding any prior approval of an Owner’s request to insure those Unit improvements if
such Owner fails to obtain the insurance in strict accordance with the requirements of this Section 20.2. Any approval by the Association of an Owner’s request to insure its Unit improvements
shall not change the Association’s primary authority with regard to the rebuilding of those Unit improvements following any damage to property as provided in Article 21 and, if the Association
has elected to rebuild those Unit improvements, such Owner shall make the insurance proceeds available to the Association for that purpose. Owners are required to obtain separate insurance
for their personal property and operations pursuant to Section 20.8 of this Declaration.
Liability Insurance Requirements. The Association shall maintain commercial general liability insurance, including medical payment insurance, which provides coverage for bodily injury
and property damage resulting from the operation, maintenance or use of the Common Elements in an amount of at least $1,000,000 for any single occurrence and $2,000,000 aggregate and
which contains a specific endorsement to preclude the insurer’s denial of a Unit Owner’s claim because of the negligent act of the Association or other Unit Owners.
Fidelity Insurance. At the option of the Association, the Association may maintain fidelity insurance. Such fidelity insurance shall name the Association as insured. It shall protect
against dishonest acts on the part of officers, directors, trustees, and employees of the Association and all other persons who handle or are responsible for handling funds held or administered
by the Association. All such fidelity insurance shall name the Association as an insured and shall be not less than the estimated maximum of funds, including reserve funds, in custody
of the Association at any time while the policy is in force, but, in no event, shall the aggregate amount of insurance be less than three months’ aggregate Assessments plus reserve funds.
The policy shall contain waivers of any defense based upon the exclusion of persons who serve without compensation from any definition of “employee” or similar expression.
Additional Insurance Requirements. The insurance obtained pursuant to Sections 20.2, 20.3, and 20.4 shall:
Provide that the Association is the named insured, and that each Unit Owner is an insured under the policy with respect to liability arising out of the Owner’s interest in the Common
Elements or membership in the Association.
Provide that the insurer waives its right to subrogation under the policy as to any and all claims against the Association, the Owner of any Unit and/or their respective agents, employees
or Tenants, and members of their household, and waives any defenses based upon coinsurance or upon invalidity arising from the acts of the insured.
Provide that no act or omission by any Unit Owner, unless acting within the scope of that Person’s authority on behalf of the Association, and no failure of the Association to comply
with any warranty or condition regarding any portion of the premises over which the Association has no direct control, will void the policy or be a condition to recovery under the policy.
Provide that if, at the time of a loss under the policy, there is other insurance in the name of a Unit Owner covering the same risk covered by the policy, the Association’s policy provides
primary insurance, and that the liability of the insurer thereunder shall not be affected by, and the insurer shall not claim any right to set off, counterclaims, apportionment, proration,
contribution or assessment by reason of any other insurance obtained by or for any Unit Owner or any Mortgagee.
Provide that, despite any provision giving the insurer the right to restore damage in lieu of a cash settlement, such option shall not be exercisable without the prior written approval
of the Association, or when in conflict with the provisions of any insurance trust agreement to which the Association is a party, or any requirement of law, and that insurance trust
agreements will be recognized; and
Contain standard mortgagee clauses which name Mortgagees and their successors and assigns and contain no provision (other than insurance conditions) which will prevent Mortgagees from
collecting insurance proceeds.
Provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without at least thirty (30) days’ prior written notice to the
named insured and Investor.
The provisions of Sections 20.1 through 20.5 are not intended to contradict or limit any insurance policy or coverage obligations of the Association under any loan agreement, deed of
trust, bond guaranty agreement or similar document.
Adjustment of Losses; Insurance Trustee; Power of Attorney. Any loss covered by the insurance described in Section 20.2 must be adjusted with the Association, but the proceeds for that
loss are payable to any insurance trustee designated for that purpose, or otherwise to the Association, and not to any holder of a Mortgage. The insurance trustee or the Association
must hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their interests may appear. Subject to the provisions of Sections 20.10 and 21.4, the
proceeds must be disbursed first for the repair or restoration of the damaged property, and the Association, Unit Owners and lien holders are not entitled to receive payment of any portion
of the proceeds unless there is a surplus of proceeds after the property has been completely repaired or restored or the Condominium is terminated. Each Owner appoints the Association,
or any insurance trustee or successor trustee designated by the Association, as attorney-in-fact for the purpose of purchasing
and maintaining such insurance, including the collection and appropriate disposition of the proceeds thereof, the negotiation of losses and execution of releases of liability, the execution
of all documents and the performance of all other acts necessary to accomplish such purposes. Each Owner and the Owner’s Mortgagee, if any, are beneficiaries of the policy in accordance
with percentages established by the Common Ownership Interest of the Owner’s Unit. Certificates of insurance shall be issued to each Owner and Mortgagee upon request.
Additional Insurance. The Association may maintain such other insurance as the Board deems advisable.
Owners’ Individual Insurance. Any Unit Owner who is permitted to be the first named insured on a separate, alternative property policy for such Owner’s Unit improvements, at its own
expense, shall obtain and maintain such property insurance with the coverage described in Section 20.2, and such other insurance as is typically maintained by owners of similar properties.
Provided, however, an Owner shall not have the right to maintain insurance coverage in any manner which would decrease the amount which the Association, or any trustee for the Association,
on behalf of all of the Owners, will realize under any insurance policy which the Association may have in force on the Condominium at any particular time. Each Unit Owner, at its own
expense, shall carry insurance that is consistent with reasonable, usual and customary requirements and practices in the ownership and operation of first class, apartment projects in
the area with regard to all personal property and business operations of such Owner or its Tenants.
Waiver of Claims. The Association and each Owner hereby waive any and all claims they may have against any and all of the other. Owners or their lessees arising out of or in connection
with damage to or destruction of the Condominium, or any loss of use of any portion of the Condominium arising out of the actions or omissions of the other Owners or their lessees, regardless
of whether such claim results from negligence or fault, but only to the extent the claim is covered by the property insurance maintained by the Association.
Use of Insurance Proceeds. Any portion of the Condominium for which insurance is required under this Article is damaged or destroyed, other than by uninsured casualty, shall be repaired
or replaced promptly by the Association pursuant to Article 21 except as otherwise expressly provided in Section 21.4. The cost of repair or replacement in excess of insurance proceeds,
reserves and deductibles paid by Owners is a Common Expense that the Board shall allocate according to the Common Expense Liability or as a Specially Allocated Expense.
Certificate. An insurer that has issued an insurance policy under this Article 20 shall issue certificates or memoranda of insurance to the Association and, upon written request, to
any Unit Owner or Mortgagee. The insurer issuing the policy may not modify the amount or the extent of the coverage of the policy or cancel or refuse to renew the policy unless the
insurer has complied with all applicable provisions of chapter 48.18 RCW pertaining to the cancellation or non-renewal of contracts of insurance.
Notification of Sale of Unit. Promptly upon Conveyance of a Unit, the new Unit Owner shall notify the Association of the date of the Conveyance and the Unit Owner’s name and address.
The Association shall notify each insurance company that has issued an
insurance policy to the Association for the benefit of the Owners of the name and address of the new Owner and request that the new Owner be made a named insured under such policy.
DAMAGE AND REPAIR OF DAMAGE TO PROPERTY
Definitions: As used in this Article 21:
“Damage” shall mean all kinds of damage, whether of slight degree or total destruction caused by casualty or an occurrence, but shall not include construction defects, deterioration
or wear and tear.
“Repair” shall mean restoring the damaged improvements to substantially the condition they were in before they were damaged, with the Unit and the Common Elements having substantially
the same boundaries as before. Modifications to conform to applicable governmental rules or available means of construction may be made.
“Emergency Work” shall mean work that the Board deems reasonably necessary to avoid further damage or substantial diminution in value to the Building, any Unit and/or the Common Elements
and to protect the Owners from liability from the condition of the site.
Initial Board Determination. In the event of Damage to any portion of the Condominium for which insurance is required by This Declaration, the Board shall promptly take the following
actions. In doing so, the Board shall obtain such advice from professionals (such as engineers, architects, contractors, insurance consultants, lenders and attorneys) as the Board deems
advisable and shall consider the information then known to the Board:
Determine the nature and extent of the Damage to the Condominium and loss to the Association and Unit Owners, together with an inventory of the improvements and property directly affected
thereby.
Obtain as reliable an estimate as possible of the cost and time to Repair the damage, which estimate shall, if reasonably practicable, be based upon two or more firm bids obtained from
responsible contractors.
Determine the insurance proceeds that would be allocable to the particular damaged Unit under Section 21.5 and reserves, if any, that will likely be available to pay for the Damage.
Determine (i) the amount, if any, by which the estimated cost of Repair is likely to exceed the expected insurance proceeds, the reserves available to Repair the damage, other available
funds of the Association, and the deductibles owed by Owners; and (ii) the likely amount of the Assessments that would have to be made against each Unit if the excess cost were to be
paid as a Common Expense.
Notice of Damage. The Board shall promptly provide each Owner and Eligible Mortgagee, and the Investor if such Damage affects Residential Unit, with a written notice
summarizing the initial Board determinations made under Section 21.2, explaining any further information needed by the Board to make a final decision on the cost and schedule for repairs.
If the Board determines that the Damage is substantial, the Board may call a special meeting to consider whether to repair the Damage. If the Board fails to call such a special meeting,
the Investor or Eligible Mortgagee may request such a meeting. The Board may, but is not required to, call such a meeting in other circumstances.
Execution of Repairs.
The Association or Owner(s) shall use the available insurance proceeds, reserves and other funds identified pursuant to Section 21.2.4 to promptly repair any damaged portion of the Condominium
that the Association or an Owner is responsible to insure and to maintain or repair unless any Mortgage or related loan documents require otherwise or:
The Condominium is terminated by vote of the Unit Owners and with written consent of the Eligible Mortgagees and the Investor at a special meeting called in accordance with Section 21.3
and taken in accordance with the termination provisions of the Declaration and Act;
Repair would be illegal under any state or local health or safety statute or ordinance; or
Owners holding 100% of the Voting Interest in the Association vote not to Repair the Damage. In addition to the consent by the Owners specified above, any election not to repair the
damage or not to rebuild substantially in accordance with the original plan will require (i) the approval of the Eligible Mortgagees holding a Mortgage on a Unit that will be altered
from the most recent plans and specifications used in the construction or remodeling of the Condominium by the Repair or that will not be repaired and (ii) the approval of the Investor.
The Board may enter into a written agreement with a reputable financial institution or trust or escrow company to act as an insurance trustee to adjust and settle any claim for casualty
loss, or to collect the insurance proceeds and carry out the provisions of this Article 21. The cost of Repair in excess of insurance proceeds, reserves, and deductibles paid by Owners
is a Common Expense. The Board may delegate some or all of its authority to make Repairs and use insurance proceeds under this Section 21 to each of the Unit Owners.
The Board may expend so much of the insurance proceeds and Association funds as the Board deems reasonably necessary for Emergency Work (which Emergency Work may include but is not necessarily
limited to removal of the damaged improvements and clearing, filling, and grading the land), and the remaining funds, if any, and the property shall thereafter be held and distributed
as provided in Section 21.5.
Effect of Decision Not To Repair. If all of the damaged or destroyed portions of the insured property are not repaired or replaced:
The insurance proceeds attributable to the damaged Common Elements shall be used to restore the damaged area to a condition compatible with the operation of the remainder of the Condominium;
The insurance proceeds attributable to Units and Limited Common Elements that are not fully repaired or replaced shall be distributed to the Owners of those Units and the Owners of the
Units to which those Limited Common Elements were allocated or to Mortgagees, as their interests may appear; and
The remainder of the proceeds shall be distributed to all the Unit Owners or Mortgagees, as their interests may appear, in proportion to their Common Ownership Interests as of the date
the damage occurred.
If the Unit Owners vote not to rebuild any Unit, that Unit’s allocated interests are automatically reallocated upon the vote as if the Unit had been condemned under Article 22, and the
Association promptly shall prepare, execute, and record an amendment to this Declaration reflecting the reallocations.
Notwithstanding the provisions of this section, Article 25 and RCW 64.34.268 shall govern the distribution of insurance proceeds in the event the Condominium is terminated.
CONDEMNATION
Consequences of Condemnation; Notices. If any Unit or portion thereof or the Common Elements or Limited Common Elements or any portion thereof is made the subject matter of any condemnation
or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, notice of the proceeding or proposed acquisition shall promptly be given by the Association
to each Owner, Mortgagee and the Investor, and the provisions of this Article shall apply.
Power of Attorney. Each Owner appoints the Association as attorney-in-fact for the purpose of representing the Owners in any proceedings, negotiations, settlements or agreements regarding
a condemnation of any part of the Condominium. Any proceeds from a condemnation shall be paid to the Association for the benefit of affected Units and their Mortgagees. Should the
Association not act, based on their right to act pursuant to this section, the affected Owners may individually or jointly act on their own behalf.
Condemnation of a Unit. If a Unit is acquired by condemnation, or if part of a Unit is acquired by condemnation leaving the Unit Owner with a remnant of a Unit which may not practically
or lawfully be used for any purpose permitted by this Declaration, the award must compensate the Owner for the Owner’s Unit and its appurtenant interest in the Common Elements, whether
or not any Common Elements are acquired. The proceeds from the condemnation of a Unit shall be paid to the Owner or Mortgagee of the Unit, as their interests may appear. Upon condemnation
of a Unit, unless the decree otherwise provides, that Unit’s Allocated Interests are automatically reallocated to the remaining Units in proportion to the respective Allocated Interests
of those Units before the taking, and the Association shall promptly prepare, execute, and record an amendment to this Declaration reflecting the reallocations. Any remnant
of a Unit remaining after part of a Unit is taken under this section is thereafter a Common Element. In such event, the Association shall prepare an amendment to the Declaration that
reflects the revised Unit boundaries and is executed by the Unit Owners. The Association shall record an amendment to the Map complying with the requirements of the Act necessary to
show the revised Unit boundaries.
Condemnation of Part of a Unit. Except as provided in Section 22.3, if part of a Unit is acquired by condemnation, the award must compensate the Unit Owner for the reduction in value
of the Unit and its appurtenant interest in the Common Elements, whether or not any Common Elements are acquired. The proceeds from the condemnation awarded to the Unit Owner shall
be paid to the Owner or Mortgagees of the Unit, as their interests may appear. Upon acquisition, unless the decree otherwise provides: (a) that Unit’s Allocated Interests are reduced
in proportion to the reduction in the size of the Unit; and (b) the portion of the Allocated Interests divested from the partially acquired Unit are automatically reallocated to that
Unit and the remaining Units in proportion to the respective Allocated Interests of those Units before the taking, with the partially acquired Unit participating in the reallocation
on the basis of its reduced Allocated Interests.
Condemnation of Common Element or Limited Common Element. If part of the Common Elements is acquired by condemnation, the portion of the award attributable to the Common Elements taken
shall be paid to the Owners based on their respective interests in the Common Elements or to Mortgagees, as their interests may appear. Any portion of the award attributable to the
acquisition of a Limited Common Element must be equally divided among the Owners of the Unit to which that Limited Common Element was allocated at the time of the acquisition, or to
lien holders, as their interests may appear. If the Board determines that a particular Owner’s interest in the Common Elements will be diminished with respect to other Owners, by the
acquisition of a Common Element, the Declaration may be amended to adjust that Owner’s Common Expense Liability allocation, or to remove the allocation of a Limited Common Element to
that Owner’s Unit, as the case may be.
Reconstruction and Repair. Any reconstruction and repair necessitated by condemnation shall be governed by the procedures specified in Article 21.
PROCEDURES FOR SUBDIVIDING, COMBINING OR ALTERING UNITS AND RELOCATING BOUNDARIES
Subdivision or Combination of Units. No Unit may be subdivided into a greater number of Units or Units combined into a lesser number of Units, whether by agreement, legal proceedings
or operation of law, except as provided in this Section 23.1.
An Owner desiring to subdivide a Unit or combine Units must submit a written proposal to the Board, all Mortgagees of the affected Units and the Investor. The proposal must include
complete plans and specifications for accomplishing the subdivision or combination and proposed amendments of this Declaration and the Map. The proposed amendments must assign an identifying
number to each resulting Unit, and reallocate the Allocated Interests of the former Unit(s) to the new Unit(s) in a reasonable manner, provided however, that
the aggregate Voting Interest of the new Unit(s) shall not exceed the total Voting Interest of the Unit(s) before the subdivision or combination.
If approved pursuant to Section 23.1.3, the amendments must be executed by the Owner of the Unit(s) involved. The Owner of the Unit(s) to be subdivided or combined shall bear all costs
of the subdivision or combination.
A proposal to subdivide a Unit or combine Units requires approval in writing by the Board, all Mortgagees of the Unit or Units to be subdivided or combined and the Investor. As to any
proposal to subdivide or combine a Unit, the Board must approve the proposal within 60 days unless the proposal fails to comply with the Act or this Section 23.1 ,or impairs the structural
integrity or mechanical or electrical systems in the Condominium. The failure of the Board to act upon a request within such period shall be deemed its disapproval thereof.
Alteration of Limited Common Elements. No Owner may alter the Limited Common Elements allocated to the Owner’s Unit in any way except in accordance with this Section 23.2.
Subject to the use restrictions and other restrictions of the Governing Documents, an Owner may make any improvements or alterations to a Limited Common Element allocated solely to such
Owner’s Unit if those improvements do not (i) adversely affect the structural integrity of the Building or the mechanical or electrical systems of the Building, or other utility systems
serving any other Unit; (ii) lessen the support of any portion of the Condominium or (iii) impair any use or access rights that any other Owners have in the Limited Common Element.
Except as provided in 23.2.1, an Owner may not materially change the appearance of the Limited Common Elements without permission of the Association pursuant to Section 23.2.3, all Owners
to whom the Limited Common Element is allocated and any other Owners that have the right to use the Limited Common Element.
Except for improvements or alterations under Section 23.2.1, an Owner must submit a written request, including plans and specifications for the proposed alteration or removal, to the
Board. Such request requires approval in writing by the Board, all Mortgagees of the Unit or Units to be altered and the Investor. The Board must approve a request under this Section
23.2 within 60 days, unless the proposal fails to comply with the Act or with this Declaration, or impairs the structural integrity or mechanical or electrical systems in the Condominium.
The failure of the Board to act upon a request within such period shall be deemed its disapproval thereof.
Relocation of Boundaries — Adjoining Units. The boundaries between adjoining Units may not be relocated in any way except as provided in accordance with this Section 23.3.
Subject to the following provisions in this Section, the Owners of adjoining Units may relocate the boundaries between their Units if the relocation will
not adversely affect the structural integrity or mechanical or electrical systems or lessen the support of any portion of the Condominium.
The Owners desiring to relocate the boundary between the Units must submit a written proposal to the Board, all Eligible Mortgagees of those Units and the Investor. The proposal must
include complete plans and specifications for accomplishing the relocation and proposed amendments of this Declaration and the Map. The proposed amendments must reallocate the Allocated
Interests of the affected Units in a reasonable manner.
The Board must approve a request under this Section 23.3 within 30 days, unless the proposal fails to comply with the Act or this Section 23.3, impairs the structural integrity or mechanical
or electrical systems in the Condominium, or contains an unreasonable reallocation of Allocated Interests. The failure of the Board to act upon a request within such period shall be
deemed disapproval thereof.
Upon approval by the Board, all Eligible Mortgagees and the Investor, the Association shall prepare and record an amendment in accordance with RCW 64.90.285 that identifies the Units
involved, states the reallocations, is executed by those Unit Owners, contains words of conveyance between them, and is recorded in the name of the grantor and the grantee. The Association
shall record survey maps or plans complying with the requirements of RCW 64.90.245 necessary to show the altered boundaries between adjoining Units and their dimensions and identifying
numbers.
The Owner or Owners benefited by a relocation of Unit boundaries shall bear all costs associated therewith in proportion to the relative benefits to each such Unit, and if there is more
than one benefited Owner, all such costs shall be a joint and several liability of each of such Owner.
Boundaries between Units and Common Elements may be relocated to incorporate Common Elements within a Unit by an amendment to the Declaration upon application to the Association by a
Unit Owner of the Unit who proposes to relocate such boundary. The amendment may be approved only if the Unit Owner of such Unit, the Investor and 60% of the Voting Interests agree.
AMENDMENT OF DECLARATION, MAP, ARTICLES OR BYLAWS
Procedures. Upon the receipt of any necessary consent under this Article 24, an amendment to the Declaration or the Map will become effective when it is recorded or filed in the real
estate records in the county in which the Condominium is located. The amendment shall be indexed in the name of the Condominium and shall contain a cross-reference by recording number
to the Declaration and each previously recorded amendment thereto. No action to challenge the validity of an amendment to the Governing Documents adopted by the Association pursuant
to this Article 24 may be brought more than one year after the amendment is recorded. An amendment to the Articles shall be effective upon filing the amendment with the Secretary of
State. An amendment to the Bylaws shall be effective upon adoption. Amendments shall be prepared, executed, recorded and certified on behalf of the Association by any officer of the
Association designated for that purpose or, in the absence of designation, by the president of the Association.
Consent Required. The consents of Owners, Mortgagees and Investor required for adoption of amendments to the Declaration, the Map, the Articles and the Bylaws are as follows:
Except as provided in Article 22 relating to condemnation of the Property, an amendment to the Declaration, the Map, the Articles or the Bylaws that adversely and materially affects
the rights of any Unit Owner shall require the unanimous consent of the Unit Owners and the Investor; provided, that if any such amendments adversely affect the rights of Mortgagees,
all Eligible Mortgagees must also consent.
All requests to Eligible Mortgagees and the Investor shall be in writing and delivered by certified or registered mail, return receipt requested. Consent of an Eligible Mortgagee is
deemed granted if a refusal to consent in a record is not received by the Association within sixty (60) days after the Association delivers notice of the proposed amendment. The failure
of the Investor to respond shall be deemed disapproval thereof.
No amendment to any provision in the Declaration, Articles or Bylaws may restrict, eliminate or modify (i) any right of a director or officer of the Association to indemnification, or
(ii) any limitation of liability of such Person, as to conduct that occurred prior to the amendment. Any current or former director or officer affected by such amendment is a third-party
beneficiary of this provision and entitled to enforce it.
TERMINATION OF CONDOMINIUM
Action Required. Except in the case of the taking of all Units by condemnation or judicial termination of the Condominium pursuant to the Act, the Condominium may be terminated only
by agreement of all Owners of Units, all Eligible Mortgagees and the Investor. All requests for consent to Eligible Mortgagees and the Investor shall be in writing and delivered by
certified or registered mail, return receipt requested. An Eligible Mortgagee or Investor who receives a written request to consent to a termination and does not submit to the requesting
party a response within 60 days shall be deemed to have consented to such request, provided the request was delivered to the address in the Association’s records by certified or registered
mail, return receipt requested.
Act Governs. The provisions of the Act relating to termination of a condominium contained in RCW 64.90.290, as it may be amended, shall govern the termination of the Condominium, including,
but not limited to, the disposition of the real property in the Condominium, the distribution of insurance proceeds upon termination, and the distribution of proceeds from the sale of
that real property. Any termination agreement must provide that upon termination of the Condominium, any Regulatory Agreement then in force against any Unit shall remain in effect according
to its own terms against the portion of the real property that formerly constituted such Unit or other part of the Condominium, whether the Condominium is sold or not. Whether or not
so provided in any termination agreement, to the extent that, immediately prior to termination, a Unit is subject to any Regulatory Agreement, such Regulatory Agreement shall
continue to burden the interests of the Owner of such Unit in the real property formerly constituting such Unit and its Limited Common Elements, including without limitation rights of
exclusive occupancy under RCW 64.90.290 or successor provision, and if the real property that formerly constituted such Unit shall be transferred after termination, the transferee shall
take subject to the terms of such Regulatory Agreement.
NOTICES
Form and Delivery of Notice. Unless provided otherwise in this Declaration, all notices given under the provisions of this Declaration or the Bylaws or rules or regulations of the Association
shall be in writing and may be delivered either personally or by mail. If delivery is made by mail, the notice shall be deemed to have been delivered upon being deposited in the United
States mail, first class, postage prepaid, addressed to the Person entitled to such notice at the most recent address known to the Board, the Owner or the Mortgagee. Notice to the Owner
of any Unit shall be sufficient if mailed to the Unit if no other mailing address has been given in writing to the Board. Notices to the Board shall be given to the president or secretary
of the Association. Notices to the Declarant shall be given at the following address, or such other address as Declarant may specify in written notice to the Board or the Owners:
Solera Manager, LLC
10900 NE 8th Street, #1200
Bellevue, Washington 98004
Attention: David B. Ratliff
With a copy to:
Hillis Clark Martin & Peterson
Attn: Zac DeLap
999 Third Ave, Suite 4600
Seattle, WA 98104
Notices to Mortgagees. An Eligible Mortgagee shall be entitled to receive timely written notice of:
Any proposed amendment of the Declaration or Map;
Any proposed termination of condominium status or transfer of any part of the Common Elements;
Any condemnation loss or casualty loss that affects a material portion of the Condominium or that affects the Unit on which the Mortgagee has Mortgage;
Any delinquency that has continued for 60 days in the payment of Assessments or charges owed by an Owner of a Unit;
Any lapse, cancellation, or material modification of any insurance policy or fidelity bond maintained by the Association, or notice regarding any such action that is intended or threatened;
and;
Any proposed action that would require the consent of the Eligible Mortgagee or of a specified percentage of Eligible Mortgagees under this Declaration or the Act.
An Eligible Mortgagee’s request to receive notices must be delivered to the Association and must state the name and address of the Mortgagee and the Identifying Number or address of
the Unit on which it holds (or insures or guarantees) a Mortgage. An Eligible Mortgagee who receives a written request to consent to an action and does not submit to the requesting
party a response within 60 days shall be deemed to have consented to such request, provided the request was delivered to the address in the Association’s records by certified or registered
mail, return receipt requested.
Investor Notice. The Investor shall be entitled to receive: (1) the same notices as an Eligible Mortgagee hereunder; (2) the budgets as proposed, ratified and/or supplement under Section
16.3 or Section 16.4 hereof; (3) any notice provided to an Owner under Section 21.3 hereof; and (4) any notices required to be delivered to the Investor.
Notices to the Investor shall be given at the following address, or such other address as the Investor may specify in written notice to the Board or the Owners:
BF Solera Affordable, LLC
c/o Boston Financial Investment Management, LP
Attention: Asset Management – Solera Apartments
101 Arch Street, 13th Floor
Boston, MA 02110
With a copy to:
Holland & Knight LLP
10 Saint James Avenue, 12th Floor
Boston, MA 02116
Attn: Kristen Cassetta, Esq.
An Investor’s request to receive notices must be delivered to the Association and must state the Identifying Number or address of the Unit on which it holds an interest. An Investor
who receives a written request to consent to an action and does not submit to the requesting party a response within 60 days shall be deemed to have consented to such request, provided
the request was delivered to the address in the Association’s records by certified or registered mail, return receipt requested.
Investor and Eligible Mortgagee Cure Rights. The Investor and any Eligible Mortgagee shall have the right, but not the obligation, to cure any default by the Unit Owner of Residential
Unit under this Declaration and any such cure by the Investor or
Eligible Mortgagee shall be treated as if it were performed by the Unit Owner of Residential Unit. The cure periods afforded to the Investor and any Eligible Mortgagee shall be no less
than thirty (30) days for a monetary default and no less than sixty (60) days for any non-monetary default; provided, however, that in the event a default is not susceptible to being
cured within the applicable cure period the Investor or Eligible Mortgagee shall have such additional time as is reasonably necessary to cure the default provided the Investor or Eligible
Mortgagee has commenced to cure such default and is diligently and continuously proceeding to cure such default.
MORTGAGEE PROTECTION
Required Mortgagee Consents. The Board shall provide notice to all Eligible Mortgagees of the following:
The allocation or re-allocation of any Common Element into a Limited Common Element;
The allocation or re-allocation of any Limited Common Element into a Common Element;
The conveyance or subjection to a security interest of any portion of the Common Elements;
The alteration of the Voting Interest, the Common Ownership Interest or the Common Expense Liability of any Unit;
The decision by the Association, Board or Owners to cause additional capital improvements (not including initial construction of the Building) to be constructed within the Common Elements
pursuant to Section 13.6.2 if the reasonably anticipated cost to complete such capital improvements, when taken in the aggregate with the known or reasonably anticipated cost to complete
all other such capital improvements to the Common Elements commenced in the same calendar year, is expected to exceed $50,000 in the aggregate;
The creation of new units, relocation or alteration of the boundaries of any Unit, the subdivision of any Unit, the combination in any manner of two or more Units;
The amendment of this Declaration, the Map, the Articles, or the Bylaws;
Any agreement to terminate the Condominium;
Any decision made pursuant to Section 21.4 not to repair any damage or to delegate the authority of the Board with respect thereto to any Owner; and
The grant or alteration of any declarant rights or special declarant rights;
In addition to the notices by the Owners specified above, any of the actions set forth in this Section 27.1 will require the approval of 100% of the Eligible Mortgagees with first Mortgages
on the Units.
ASSIGNMENT BY DECLARANT
The Declarant reserves the right to assign, transfer, sell, lease, or rent all or a portion of the property then owned by it and reserves the right to assign all or any of its rights,
duties and obligations created under this Declaration.
[Signature page follows]
DECLARANT’S SIGNATURE PAGE FOR CONDOMINIUM DECLARATION
Executed as of , 2024
Solera Manager, LLC,
a Washington limited liability company
By:
Name: David B. Ratliff
Its: Managing Member
STATE OF WASHINGTON
}
ss.
COUNTY OF
This record was acknowledged before me on , 2024, by David B. Ratliff as Managing Member of Solera Manager, LLC, a Washington limited liability company.
[Stamp Below]
Signature
Notary Public in and for the State of Washington
My Commission Expires
SCHEDULE A ASTRA CONDOMINIUM
DESCRIPTION OF REAL ESTATE SUBJECT TO DECLARATION
[TO BE ADDED]
SCHEDULE B ASTRA CONDOMINIUM
UNIT DATA AND ALLOCATED INTERESTS
Unit No.
Floor Area
Level of Building
Common Ownership Interest and Common Expense Liability
Voting Interest
1
Residential Unit
1-7
1/3
3/5
2
Garage Unit
P1, 1, 2
1/3
1/5
3
Retail Unit
1, 2
1/3
1/5
100%
100%
SCHEDULE C ASTRA CONDOMINIUM
DESCRIPTION OF LIMITED COMMON ELEMENTS
[TO BE ADDED]
SCHEDULE D ASTRA CONDOMINIUM
USE RESTRICTIONS ON RETAIL UNIT
The Retail Unit shall not be used, or suffer or permit the use of, or suffer or permit anything to be done in or anything to be brought into or kept in, the Retail Unit or any part thereof
(i) for any unlawful purposes or in any unlawful manner, or (ii) which, shall in any way (a) impair or tend to impair the appearance or reputation of the Retail Unit or the Condominium,
or (b) occasion discomfort, inconvenience or annoyance to, any of the other Owners or occupants of the Condominium. The Retail Unit may be used for any use authorized by the Declaration,
however, excluding in all events any use described below:
any manufacturing, distilling, refining, smelting, agricultural or mining operation, including farming within the meaning of Code Section 2032A(e)(5)(A) or (B);
any dumping, disposing, incineration or reduction of garbage;
any bowling alley or skating rink;
any mortuary or funeral home;
any establishment manufacturing, selling or exhibiting drug-related paraphernalia;
any establishment that exhibits, either live or by other means to any degree, nude or partially clothed dancers or wait staff;
any type of sexually oriented business, adult entertainment or adult bookstore, such as any facility selling or displaying adult or pornographic books, literature, recordings or materials
in any medium, or any facility providing adult entertainment or other adult services (materials or activities shall be considered “adult” or “pornographic” if the same are not available
for sale or rental to children under the age of eighteen years because they explicitly deal with or depict human sexuality);
any gambling facility or operation, including, but not limited to: off-track or sports betting parlor; table games such as blackjack or poker; slot machines, video poker/blackjack/keno
machines or similar devices; bingo hall; or other games of chance;
any auto repair facility;
the sale of any firearms, ammunition or weapons, or a shooting gallery of any type;
any tattoo parlor or any establishment that performs tattooing;
any bar, tavern, liquor store or other establishment selling alcoholic beverages for consumption on or off‑premises; provided, however, that a restaurant or café deriving at least 80%
of its income from the sale of food and non-alcoholic beverages may operate in the retail space and serve alcohol provided that the retail space tenant, and not the Partnership, is the
applicant for any required liquor license;
pawn shops, pawn brokers, car title lenders (which for purposes of this limitation, will not include auto loans made by a state or federally chartered bank or thrift), payday loans,
or any similar lending activity or operation;
check cashing services, except as an incidental part of another primary business or incident to the banking activities of a state or federally chartered bank or thrift;
any convenience store;
any on-premises dry cleaner (except that a dry cleaner that performs all dry cleaning off site shall be permitted);
escort services, dating services or similar matchmaking or companion services;
bail bond services of any kind, or any activities of a bail bond agent;
any business which produces environmental hazards regulated under applicable environmental laws;
any parole, juvenile detention or similar service;
any piercing service;
any type of flea market, amusement or video arcade, pool or billiard hall, night club, discotheque or dance hall;
any business that serves food before 5:00 am or after midnight;
the sale, distribution, marketing or production of marijuana, cannabis or any constituent cannabinoids such as THC (this limitation applies broadly, regardless of whether the activity
is conducted by collectives, collective caregivers, co-ops, growers or any other entity or organization);
the rental to others of residential rental property (as defined in Code Section 168(e)(2)(A);
the operation of any private or commercial golf course, country club, massage parlor, hot tub facility or suntan facility, any racetrack or other facility used for gambling, any store
the principal business of which is the sale of alcoholic beverages for consumption off premises, or any check cashing store;
the development or holding of intangibles for sale or license;
the operation of any bank, credit union, or other financial institution;
the sale of fireworks, except as an incidental part of another primary business;
debt collection activities, debt consolidation services, credit repair or restoration activities, except as such activities are incidental to banking activities conducted by a state
or federally chartered bank or thrift;
business based predominately on inbound or outbound telemarketing activities, except as such calls are an incidental part of another primary business; and
multi-level marketing activities, the sale of multi-level business opportunities or network marketing activities.