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HomeMy WebLinkAbout20010830000896 • • Return Address: City Clerk's Office City of Renton 1055 S. Grady Way 20010830000896 Renton WA 98055 CITY OF RENTON N 16.00 PAGE 001 OF 009 08/30/2001 11:38 KING COUNTY, WA Please print or type information Document Title(s): S O F• F3 G k o NA o w cv s f -, eA A-c VD Reference Number(s) of Documents assigned or released: [on page of document(s)] Grantor(s)(Last name first,then first name and initials): tcl 1. i3 f2-4 C 42 • N`c( e-A:G s, l N c• CC 2. 0 3. C c) 4. 0 Additional names on page of document cr, Grantee(s)(Last name first,then first name and initials): A o 1. ,v - , 2. 3. ,-, 4. 0 Additional names on page of document Legal Description (abbreviated: i.e. lot,block,plat or section,township,range): ?LJ' t OF 1314 U C czEv 6 IL -7 i l.s l 0Tel ' • L • 0 Additional legal is on page 2 of document Assessor's Property Tax Parcel/Account Number: `jl(oq-io -04 • iJlOG -ro -O0(0 -o9 • • ❑ Additional legal is on page of document • The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. • BYLAWS OF BRIERE CREEK DIVISION II HOMEOWNER ASSOCIATION ARTICLE I NAME AND LOCATION 1.1 The name of the corporation is Briere Creek Division II Homeowner Association, a Washington nonprofit corporation. 0 1.2 The principal office of the corporation shall be at 1944 Duvall Avenue co NE, Renton, WA, 98059, but may be changed from time to time by designation of the Board of Directors. Meetings of Members and directors may be held at such places within the State of Washington, County of King, as may be designated by the Board of -o Directors. N ARTICLE II DEFINITIONS 2.1 "Association" shall mean and refer to the Briere Creek Division II Homeowner Association, its successors and assigns. 2.2 "Facilities" means drainage pipes, infiltration tanks, catch basins and any and all storm water control facilities in the access and utilities easement bounded by Lots 10, 11, 12, and 13, and any and all other improvements and/or easements for storm water drainage and maintenance. 2.3 "Declarant"means Briere Enterprises, Inc., a Washington corporation, and its Successor Declarant during the Development Period. 2.4 "Declaration" shall mean and refer to the Declaration of Covenants, Conditions, Restrictions, and Easements for Brier Creek Division II recorded in the Office of the County Recorder, King County, Washington, and all subsequent amendments thereto. 2.5 "Development Period" means that period Declarant requires to develop and market the Property and shall end at the earlier of the following: (a) the sale of all the lots without completed residences to a licensed builder; (b) upon written notice by Declarant that it has elected to terminate the Development Period; or (c) expiration of ten(10)years from the date the Declaration is recorded. 2.6 "Lot" shall mean and refer to any subdivided parcel of land of the Property described in the declaration, on which a single-family residence is intended to be constructed. 2.7 "Member" shall mean any person or entity holding membership in the Association, which membership shall automatically include each Owner of a Lot, and such appurtenant membership shall not be separated from Lot ownership. 2.8 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple interest to any Lot which is part of the Property, including contract purchasers, but excluding contract sellers and mortgagees or others having such interest merely as a security for performance of an obligation. crs 03 0 2.9 "Plat"means the Plat of Briere Creek Division II, as approved by the City of Renton under its File No. LUA-01-092, FP, and recorded in the Office of the County Recorder, King County, Washington, under recorder's number Cr) o o3do00 of • co 2.10 "Property" shall mean and refer to all of that certain real property described in the Declaration. 0 2.11 "Successor Declarant" shall mean a licensed builder who acquires all of the Lots from Declarant without completed residences thereon. ARTICLE III MEETINGS OF MEMBERS 3.1 Annual Meeting. The first annual meeting of the Members shall be held on September 1, 2001. Each subsequent annual meeting of the Members shall be held in September of each year or such other date and at a time and place established by the Board of Directors. 3.2 Special Meetings. Special Meetings of the members may be called at any time by the President of the Board of Directors or shall be called upon written request of the members having twenty percent (20%) of the total membership votes entitled to be cast. • 3.3 Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the President or other person authorized to call the meeting,by personal delivery or mailing a copy of such notice,postage prepaid, to each member entitled to vote at the meeting, not less than fourteen (14) days in advance of the meeting. Notice shall be addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of Notice. Such notice shall specify the place, day, and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Notice of the meeting may be waived in writing by any Member at any time either before or after the meeting. Attendance at the meeting in person or by proxy shall constitute a waiver of notice of the meeting by the Member or Members so attending. 3.4 Quorum and_Voting. The presence at the meeting of Members entitled to cast, or proxies entitled to cast, sixty percent (60%) of the total membership votes entitled to be cast shall constitute a quorum for any action. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereon shall have the power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or represented. If a quorum is present, the affirmative vote of the majority of the Members represented at the meeting and entitled to vote shall be the act of the Members, unless the vote of a greater number of Members is required under the Articles of Incorporation,Bylaws, or Declaration. cc4 czn Ocs 3.5 Proxies. Attendance at and participation in meetings may be in person or �`:, by proxy. All proxies shall be in writing and filed with the Secretary. Every proxy may be relied upon as valid unless it is revoked in writing and submitted to the President or Secretary prior to the start of the meeting, provided, further, that a proxy shall automatically cease upon conveyance by the Member of his or her ownership in a co Lot. 0 3.6 Voting by Mail or Facsimile. The Board may permit Members to vote by mail or facsimile on any issue that it proposes to submit a vote of the Membership at an annual or special meeting of the Association. The written ballot, with the proposal attached or incorporated therein, must be sent to each member with the notice of the meeting, and must be returned prior to the start of the meeting in order to be counted. 3.7 Suspended Member. The votes of all suspended Members shall not count as Member votes entitled to be cast. 3.8 Declarant Control During Development Period. During the Development Period, Declarant shall have all voting rights and, at its option, shall have and may exercise all of the rights and powers given herein or in the Declaration to the Board and the Association, including all rights to create and enforce assessments and liens. ARTICLE IV BOARD OF DIRECTORS .ylaws—Page • • • • • 4.1 Number, qualifications. Except for the Development Period, the Association shall be managed by, a Board of three (3) directors, each of whom must be an Owner. The Board shall select from among the directors the following officers: President, Secretary, and Treasurer. 4.2 Term of Office. The terms of office of all Board members shall be one (1) year or until their successors are elected. • 4.3 Nomination. Nominations for directors shall be made from the floor at the annual meeting. The Members shall make as many nominations for election to the Board as they desire,but not less than the number of vacancies that are to be filled. 4.4 Election. Elections of directors shall be by secret written ballot. At such elections the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting shall not be permitted. 4.5 Removal. Any director may be removed from the Board, with or without cause, by a majority of the total membership votes entitled to be cast. In the event of death, resignation, or removal of a director, the remaining director or directors shall have full authority to appoint a successor director or directors. The successor director or directors shall serve for the unexpired term of his or her predecessor. In the event that all of the directors are removed or resign, their successors shall be elected by the crx members of the Association at a regular meeting or special. meeting called for that co purpose, and shall serve for the unexpired terms of their predecessors. a 4.6 Compensation. No director shall receive compensation for any service he or she may render to the association. However, any director may be reimbursed for his or her actual and reasonable expenses incurred in the performance of his or her duties. 4 4.7 Duties. The duties of each officer are as follows: (a) President. The President shall preside at meetings of the Board of Directors and at regular and special meetings of the Membership. The President shall exercise the usual executive powers pertaining to the office of president. The President shall sign all written contracts and such other instruments as are approved by the Board. (b) Secretary. The Secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members. The Secretary shall serve notices of.meetings of the Board and of the Members. The Secretary shall keep appropriate current records showing the Members of the Association together with their addresses, and shall perform such other duties as required by the Board. (c) Treasurer. The Treasurer shall have the care and custody of and be responsible for all funds and investments of the Association and shall cause to be kept regular books of account. The Treasurer shall cause to be deposited all funds and other valuable effects in the name of the Association in such depositories as may be designated by the Board of Directors, and in general, shall perform all the duties incident to the office of Treasurer. • • • • ARTICLE V • MEETINGS OF BOARD OF DIRECTORS 5.1 Meetings. Meetings of the Board of Directors may be held at any place and time, whenever called by the President, or any two directors or as may be fixed from time to time by resolution of the Board. 5.2 Notice of Meetings. Notice of the time and place of any annual or special meeting of the Board of Directors shall be given by the Secretary, or by the person or persons calling the meeting, by mail, by facsimile, or by personal communications over the telephone, electronic transmission or otherwise, at least fourteen (14) days prior to the date on which the meeting is to be held. 5.3 Quorum. A minimum of two (2) members of the Board of Directors shall constitute a quorum for the transaction of business. A majority of.the Board may designate one or more of its members as a representative to act for it. The act of the majority of directors present at a meeting at which a quorum is present shall be regarded as an act of the Board. A director who is present at such a meeting shall be presumed to have assented to the action taken at..the meeting unless the director's dissent or abstention is entered in the minutes of the meeting or the director files his or her written dissent or abstention to such action with either the person acting as secretary of the meeting before the adjournment of the meeting or by registered mail to the on Secretary of the corporation immediately after the adjournment of the meeting. a 5.4 Meetings Held by Telephone or Similar Communications Equipment. 4=, Members of the Board of Directors may participate in a meeting of the Board by means of a conference telephone or similar communications equipment by means of which all persons participating'in the meeting can hear and communicate with each other at the r-- same time. Participation by such.means shall constitute presence in person at a meeting a and must include the taking of minutes to be official. CNJ 5.5 Actions by Written Consent. The directors shall have the right to take any action that otherwise could have been taken in a meeting in the absence of a meeting provided ,they obtain written approval of all directors. Such approval must be in writing, must,set forth the actions so taken, and must be signed by all of the Members or directors entitled to vote with respect to the subject matter thereof. Such consent shall have the same force and effect as though taken at a meeting'of the directors, and may be described as.such. ARTICLE VI POWERS.AND DUTIES'OF THE BOARD OF DIRECTORS 6.1 Powers. The Board of Directors shall have power to: (a) Suspend the voting rights of a Member who has not cured a violation • • of the Declaration or the rules and policies duly promulgated thereunder after written notice of violations has been delivered or mailed to that Member. (b) Suspend the voting rights of a Member during any period in which such Member shall be in default in the payment of any assessment levied by the Association. (c) Exercise by the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the Members by other provisions of these Bylaws, the Articles of Incorporation,the Declaration, or applicable law. (d) Declare the office of a member of the Board of Directors to be vacant in the event such director shall be absent from three (3) consecutive regular meetings of the Board. (e) Employ a manager, or an independent contractor, as the Board deems necessary and prescribe the manager's or independent contractor's duties. (f) Perform and enforce the preservation and maintenance provisions described in the Declaration. c� 6.2 Duties. It shall be the duty of the Board of Directors to: 00 (a) Cause to be kept a fair and accurate record of all its acts and o corporate affairs and to present a statement thereof to the Members at the annual o meeting of the Members or at any special meeting when such a statement is requested in writing by twenty percent(20%) of the total membership votes entitled to be cast. o (b) Supervise all officers or agents of the Association and see that their duties are properly performed. • o S . (c) As more fully provided in the Declaration, to: (i) Determine the amount of any regular or special assessments against each Lot at least thirty (30) days in advance of each assessment "due"date period; (ii) Send written notice of each regular and/or special assessment to every Owner subject thereto at least thirty (30) days in advance of each assessment period; and (iii) Collect all assessments when due and establish reserves as provided in the Declaration; and (iv) Foreclose the lien against any Lot for which assessments are not paid within thirty (30) days after the due date or bring an action at law against the Owner personally obligated to pay the same; and (v) Assess interest at the rate of one (1) percent per month (twelve (12) percent per annum) for any assessment not paid within ten (10) • days after the due date. (d) Issue, or cause an appropriate officer to issue, upon demand by any person, a certificate setting forth whether any assessment has been paid. The Board may charge a reasonable fee for the issuance of these certificates. If a certificate states that an assessment has been paid, such certificate can be conclusive evidence of such payment. (e) Procure and maintain liability insurance and cause all officers or employees who have fiscal responsibilities to be bonded, as the Board may deem appropriate. ARTICLE VII ASSESSMENTS 7.1 Assessments. Each Member is obligated to pay the Association regular assessments and special assessments as set forth in the Declaration. 7.2 Proration. When ownership of a Lot changes, liability for the regular annual and special assessments which have been established for the year of purchase shall be prorated between the buyer and seller in accordance with the number of days remaining in that year on the date of closing. All assessments due and payable on the o day of closing shall be paid at closing by the party liable. a ARTICLE VIII MISCELLANEOUS 8.1 Books and Records. The books, records and papers of the Association a shall be at all times, during reasonable business hours, subject to inspection by any Member. The Declaration, Articles of Incorporation, and Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association,where copies may be purchased at reasonable cost. 8.2 Loans Prohibited. No loan shall be made by the Association to any officer or to any director. 8.3 Amendment of Bylaws. These Bylaws may be amended or repealed by the affirmative vote of at least sixty-seven percent (67%) of the total membership provided, that a copy of the proposed Bylaws amendment or repeal is provided with the notice of the meeting according to the procedure in Section 3.3. 8.4 Fiscal Year. The last day of the Fiscal year of the Association shall be December 31. - `a` r • • • • IN WITNESS WHEREOF, I, the director and President of the Briere Creek Division II Homeowner Association, have hereunto set my hand this day of 1A-turn, i— , 2001. \=,kytAt_ • • TERRI BRIE , DIRECTOR co c=s 0 0 c*� 0 Cv