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• BY-LAWS -
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OF
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. VICTORIA PARK HOMEOWNERS' ASSOCIATION, •INC. ;
ARTICLE I. .
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NAME AND LOCATION. The name of the corporation is !
S
• 1VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC. , hereinafter. 1
• referred to .as the "Association." The principal office of
• the Association shall be located at 14th Floor Norton Building, . 1
• Seattle, Washington, but meetings of members and Trustees f
• may be held at such places within the State of Washington, 1
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• . i . . .
County of King, as may be designated by the Board of Trustees. ' 6
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ARTICLE II. i
DEFINITIONS 1
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• • Section 1. , "Association"shall mean Victoria Park
• Homeowners' Association, Inc. , its successors and assigns.
Section 2. "Developer" shall mean Transamerica
• - Development Company, a corporation, and Georgia Pacific _
Investment Company, a corporation,. as joint venturers.
- Section 3. "Trustee shall mean the National Bank
- .of Commerce or any successor Trustee holding title to the .
common properties. .
• • Section 4 . "Properties" shall mean that certain
real property described in Article III of the Articles of
• Incorporation, and such additions thereto as may hereafter
. be "brought f the Association..within the jurisdiction :o '
Section 5. "Common Properties" shall mean all real .
- .property owned.by the Trustee or the Association ,for. the Common
• RECEIVED use and enjoyment -of-the members of the Association and shall.
CITY OF RENTON '
HEARING EXAMINER - not include any streets or other 'areas-dedicated to public use. .
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7I8t9;10,11112i1121314.5,6 ' •, 'EXHIBIT NO. ' !o . ,
ITEM NO.
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Section 6. "Lot" shall mean any plot of land shown
upon any recorded subdivision map of the properties with the
exception of the common properties.
Section 7. "Member" shall mean every• person or entity
who holds a membership in the Association.
Section 8. "Owner" shall mean the record owner,
whether one or more persons or entities and specifically includ-
ing the Developer, of the fee simple title to any lot, or lots
• which are a part of the perperties, including contract sellers,
•
but excluding those having such interest merely as security for
• the performance of an obligation.
Section 9. "Declaration" shall mean and refer to
the Declaration of Covenants, Conditions and Restrictions ' - I
' applicable to the properties recorded or to be recorded in the
Office of the King County Auditor.
Section 10. The term "The Development Period" shall
•
mean that period of time from the date of recording of the
' Declaration until the date on which seventy per cent (70%) of
the properties now or hereafter platted on the property
described in Exhibit "A" attached 'to said Declaration have been
sold-by' Developer, or until such earlier date as may be agreed
1 ' upon by the Federal Housing Authority and Developer. ' In any
event: the "development period shall terminate on September. 15,
1971. i
ARTICLE III .
MEMBERSHIP AND VOTING RIGHTS
Section 1. Membership. Every person or entity who .
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is the record owner of a fee interest in any lot or lots
which are subject by covenants of record to assessment by •
the Developer named in the Declaration or by the Association,
• shall be'a member of the Association: Provided, however, that
if any lot is held 'jointly by two (2) or more persons, the
several owners of such interest shall designate one of their
number as the• "member. " The foregoing is not intended to
include persons or entities who hold an interest merely as
security for the performance of an obligation. No owner shall
have more than one membership. Membership shall be 'appurtenant
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to and may not be separated from Ownership of any lot which is
subject to assessment by the Developer or the Association except '
that the incorporators shall be eligible for membership without
regard to ownership of an• interest in the properties. Incor-
porators who are not owners or contract purchasers of, any' lot -
subject to assessment shall cease to be members of the Associa-
tion at the expiration of two (2) weeks from the date of
incorporation of the Association. Upon transfer of the fee
•
interest to any lot, the membership and any 'certificate of
membership in the Association shall ipsb facto be deemed to • •
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be transferred to the grantee. Ownership of any such lot shall
• . - be the sole qualification for membership. •'
Section 2. Suspension of Membership. During any
period in which a member shall be in default in the payment of
any monthly or special assessment, the voting rights and right `' ,
to use of the recreational facilities by such member may be •
suspended by the Board of TruEtees until such assessment has
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been paid..: During the developmental 'period the Board of
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' Trustees shall be required to exercise such right upon the
request of the developer. Such rights of a member may also -
be suspended, after notice and hearing, for period not to .
• • exceed thirty (30) days, for" violation of any rules and regu-
lations established by the Board of Trustees governing the
use of the common properties and facilities.
• Section 3. Voting Rights. No person shall "have more
than one (1) membership regardless of the number of lots owned,
and the interest of each member shall be equal to that of any
other member, and no member may acquire any interest which
• shall entitle him to any greater voice, vote or authority in the
Association. than any other member. In the case of lots owned
" " jointly by two (2) or more persons, only the joint owner
designated as the "member" pursuant to Section 1 of this
Article III shall be entitled to vote.
In the event that. the Non-Profit Corporation Law of
- the State of Washington as set forth in Title. 24, Revised Code
• • of Washington is changed to permit one member of a non-profit
corporation, to exercise greater voting rights than another
member, . voting shall thereafter be 'according to the number
I of lots owned, that is, members shall be entitled to one
vote .for each lot in which they hold the interest required
' for membership by Article IV. When more than one person holds . . •
. -such interest in any lot, the vote fOr such lot shall be oxen--
cised as they among .themselves determine, but •in no event shell
more than one."vote be cast with respect to any ,lot. - -
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ARTICLE IV. .
PROPERTY RIGHTS: RIGHTS OF ENJOYMENT
Section 1. Each member shall be entitled to the use •
and enjoyment of the common properties and facilities as pro-
• vided in the Declaration. Any member may delegate his rights of
• enjoyment of the common properties and facilities to the members
of his family, his tenants or contract purchasers who reside on
•
the property, and, subject to regulation by the Board' of
Trustees, to his temporary guests. Such member shall notify the
' secretary in writing of the name of any such delegee. The rights
1 and privileges of such delegee are subject to suspension to the
same extent as those of the member.
. Section 2. Irrespective of the fact that Section 1 (b)
of Article VI of the Declaration gives the Association the right
to charge reasonable admission and other fees for the use of
• *any recreational facilities situated upon the common properties,
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this right shall not be exercised as to members for a period 'of -
five years from the date of the recordation of the Declaration,
and after this period, only upon written approval of two-thirds
(2/3) of the entire membership.
ARTICLE V.
' TRUSTEES: SELECTION: TERM OF OFFICE ,
• BOARD OF •
Section 1. Number. The affairs of this Association
shall" be managed by a Board of not less.• than five (5) nor more
than nine -(9) Trustees, who need not be members ofthe'Assocla-
tion.
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Section 2. Election. At the first annual meeting, • •
• ' which shall be held not later than six months from the date
of incorporation of this Association, the members shall elect
three Trustees for a term of one year, three Trustees for a ' '
term of two years, and three Trustees for a term of three
years; and at each annual meeting thereafter the members shall .
elect three Trustees for a term of three years. `
Section 3. Removal . Any Trustee •may be removed from
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. the 'Board, with or without cause, by a majority vote of the
members of the Association. In the event of death, resigna-
•
tion or removal of a Trustee, his successor shall be selected
•
• by the remaining members of the Board and shall. serve for the
unexpired term of .his predecessor. '
Section 4. Compensation. No Trustee shall receive
compensation for any services he may render to the Association.
• However, any Trustee may be reimbursed for his actual ex- " '
penses' incurred in the performance of his -duties.
• Section 5. Action Taken Without a Meeting. The
Trustee's shall have the right .to take any action in the absence
of a meeting which they could take at a meeting by obtaining . ,
' the written approval of all the Trustees. Any action so .
. .approved shall have the same effect as though taken at a
.meeting of the Trustees. '
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- ARTICLE VI. ' . -
MEETINGS OF TRUSTEES
. " Section 1 . Regular Meetings Regular meetings .of, .
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the Board of Trustees shall be held monthly without notice,
at such place and hour as may be fixed from time to time by
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' resolution of the Board. Should said meeting fall upon a
legal holiday, then that meeting shall be held at the same
• time.on the next day which is not a legal holiday.
•
•Section 2. Special Meetings. Special meetings of
• the Board of Trustees shall be held when called by the presi-
dent of the Association or by any two Trustees, after not less
• than three (3) days motice to each Trustee.
•
Section 3. Quorum. A majority of the number of
Trustees shall constitute a quorum for the transaction of
business. Every act or decision done or made by a majority
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of the Trustees present at a duly held meeting at which •a
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quOrum. is present shall be regarded as the act of the Board.
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ARTICLE VII
• NOMINATION AND ELECTION OF TRUSTEES
Section 1 . Nomination. Nomination for election to
the Board of Trustees shall be made by a Nominating Committee.
• Nominations may also be made from the. floor at the annual
meeting. The Nominating Committee shall consist of a Chair-
man, who shall be a member of the Board of Trustees, and two
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or more members of the Association. The Nominating Committee
shall be appointed by the Board of Trustees prior to each • • .•
• • .annual meeting of the members, to serve from the close of
such annual meeting until the close of the next annual meeting
• and such appointment shall be announced at each annual meeting.
The Nominating Committee shall make as many nominations for •
election to the Board of Trustees as it shall in its discretion
determine, but not less than the number of vacancies that are
to be filled. Such nominations may be made from among members
or non-members.
Section 2. Election . Election to the Board of
•
Trustees shall be by secret written ballot. At such election
the members or their proxies may each cast one vote. The names
• receiving the largest number of votes shall be elected. •
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ARTICLE VIII .
POWERS AND DUTIES OF THE BOARD OF TRUSTEES
Section 1. Powers. The Board of Trustees shall have
power: •
(a) To adopt and publish rules and regulations
governing the use of the common properties and facilities, and the
personal conduct of the members and their guests thereon, and
to establish penalties for the infraction thereof;
(b) To exercise for the Association all powers,
duties and authority vested in or delegated to this Association
not reserved to the membership by other provisions 'of these
• By-Laws, the Articles of Incorporation, or the Declaration.
(c) To declare the office of a member of the Board
of Trustees to be vacant in the event such member 'shall' be •
absent from three (3) consecutive regular meetings of the Board
• of Trustees; and .
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(d) To employ a manager, an independent contractor,
or such other employees as they deem necessary, and to prescribe
their duties.
Section 2. Duties. It shall be the .duty of the
Board of Trustees:
(a) To cause to be kept a complete record of all its
acts •and corporate affairs and to present a statement thereof
to the members at the annual meeting of the members or at any
special meeting, when such statement is requested in writing
by one-fourth (1/4) of the members who are entitled to vote; •
(b) To supervise all officers, agents and employees
of this Association, and to see that their duties are properly
performed; •
(c) As more fully provided herein and in the Declara-
tion'; •
(1) To establish, levy and assess, and collect the
assessments or charges referred to in Article VII, of the
Declaration, as applicable to the Association; and
(2) To send written notice of each assessment to
every owner or contract purchaser subject thereto at least
thirty (30) days in advance of each annual assessment period.
(d) To issue, or to cause an appropriate officer to
issue, upon demand by any person, a certificate setting forth
whether any assessment has been paid. A reasonable charge may
be made by the Board for the issuance of these certificates. •
Such certificate ;shall be conclusive evidence of any assess-
ment therein stated .to have beer. paid;
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• (e) To procure and maintain adequate liability
insurance, and to procure adequate hazard insurance on property
owned by the Association;
(f) To cause all officers or .employees having fiscal.
responsibilities to be bonded, as it may deem appropriate; -and
(g) To cause any common properties owned by the
Association to be maintained.
ARTICLE IX •
COMMITTEES
• Section 1. The Association shall appoint a Nominating
Committee as provided in these By-Laws, and upon termination
of the developmental period, shall appoint an Architectural .
Control Committee to perform the duties and functions described
in Article IX, Section 2, of the Declaration. In addition,
the Board of Trustees shall appoint other committees as deemed
appropriate in carrying out its purposes, such as:
1. A Recreation Committee which shall advise the
Board of Trustees on all matters pertaining to the
recreational program and activities of the Associa-
tion and shall perform such other functions as the
Board, in its discretion, determines:
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2. A Maintenance Committee which shall advise the
Board of Trustees on all matters pertaining to the
maintenance, repair or improvement of the common .
properties, and shall perform such other functions
- • as the Board in ifs discretion, determines;
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• 3. A Publicity Committee which shall inform the
members of all activities and functions of the Asso-
ciation and shall, after consulting with the Board
of Trustees, make such public releases and announce-
ments as are in the best interests of the Associa-'
tion; and
4. An Audit Committee which shall supervise the
annual audit of the Association 's books and approve
the annual budget and statement of income and ex-
penditures to be presented to the membership at its '
1 . regular annual meeting as provided in Article XI
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• Section 8 (d) . The Treasurer shall be an ex officio
member of the Committees.
Section 2. It shall be the duty of each committee to
receive complaints from members on any matter involving Asso-
ciation functions, duties; and activities within its field
of responsibility. It shall dispose of such complaints as
it deems appropriate or refer them to such other committee,
Trustee or officer of the Association as is. further concerned
with the matter presented.
• ARTICLE X
MEETING OF MEMBERS
Section 1. Annual Meeting. The first annual meeting
of the members shall be held within six months from the date
of incorporation of the Association, and each subsequent regular
annual meeting of the members shall be held on the same day of the
same month of each year thereafter, at the hour of 7:00 o'clock
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p.m. If the day for the annual meeting of the members is a
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legal holiday, the meeting will be held at the same hour on the
first day following which is not a legal holiday. .
Section 2. Special Meetings. Special meetings of
the members may be called at any time by the president or by
• the Board of Trustees, or upon written request of the members
who are entitled to vote one-fourth (1/4) of all of the votes
of the entire membership. ' ' (
Section 3. Notice of Meetings. Written notice of
each meeting of the members shall be given by, or at the direction •
of, the secretary or person authorized to call the meeting,
• by mailing a copy of such notice, postage prepaid, at least
15 days before such meeting to each member entitled to vote
• thereat, 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.
• Section 4 . Quorum. The presence at the meeting of
members entitled to cast, or of proxies entitled to cast,' one-
l • • tenth (1/10) of the votes of the entire membership shall con- ,
•
stitute a quorum for any action except as otherwise provided
in the Articles of Incorporation, the Declaration, or these •
By-Laws. I-f, however, such quorum shall not be present' or
• represented at any meeting, the members entitled to vote •
thereat shall have power to adjourn the meeting from time to
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time, without notice other than announcement at the meeting,
until a quorum as aforesaid shall be present or be represented.
Section 5. Proxies. At all meetings of members, each.
member may vote in person or by proxy. All proxies shall be
in writing and filed with the secretary. Every proxy shall
be revocable and shall- automatically cease upon conveyance by
the member of his lot.
ARTICLE XI.
OFFICERS AND THEIR DUTIES
Section 1. Enumeration of Officers. The officers of
this Association shall be a president and vice-president, who
• shall at all times be members of the Board of Trustees, a
secretary; and a treasurer, and such other officers as the
Board may from time to time be resolution create.
Section '2. Election of Officers. The election of •
officers shall take place at the first meeting of the Board
• - of Trustees following each annual meeting of the members.
Section 3. Term. The officers of this Association
shall be elected annually by the Board and each shall hold
office for one (1) year unless he shall sooner resign, or
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shall be removed, ,or otherwise disqualified to serve.
t 4 . Special Appointments. The Board
Section P PPmay
• elect such other officers as the affairs of the 'Association
may require, each of'whom shall hold office for such period,
have- such authority, and perform such duties as the Board may,
from tiro:: to time, determine. -
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Section 5. Resignation and Removal . Any officer
may be removed from office with or without cause by the Board."
Any officer may resign at any time by giving•: written notice
• to the. Board, the president or tie secretary. Such resigna-
tion shall take effect on the date of receipt of such notice '
or at any later time specified therein, and unless otherwise
specified therein, the acceptance of such resignation shall
not be necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be
filled in the manner prescribed for regular election. The '
officer elected to such vacancy shall serve for the remainder
` of the term of the, officer he replaces.
'Section 7. Multiple Offices. The offices of secretary
. and. treasurer may be held by the same person. No person shall
simultaneously hold more than one or any of the other .offices
except in the case of special offices created pursuant to Sec-
tion• 4 of this Article.
•
Section 8. Duties. The duties of the officers are
as follows: .
President
' -(a) The president shall preside at all meetings of .
the Board of Trustees, shall see that orders and resolutions of
• the Board are carried out; shall sign all leases, mortgages, ''
deeds and other written' instruments 'and shall' co-sign all 'checks
. ,and promissory notes. ' •
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Vice-President •
• . = • . (b) The vice-president shall .act • in the.place and
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stead of the president in the event of his absence, inability
or refusal to act, and shall exercise and discharge such other
duties as may be required of him by the Board.
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Secretary
(c) The secretary shall record the votes and keep
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the minutes of all meetings and proceedings of the Board and of
the members; keep the corporate seal of the Association and
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affix it on all papers requiring said seal; serve notice of
meetings of the Board and of the members; keep appropriate
current records ' showing the members of the Association to-
gether with their addresses, and shall perform such other duties
as required by the, Board.
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• Treasurer
(d) The treasurer shall, receive and deposit in appro-
priate bank accounts all monies of the Association and shall
disburse such funds as directed by resolution of the Board of
• Trustees; shall sign all checks and promissory notes of the
•
. Association; keep proper books of acCount; cause an annual audit
of the Association books to be made by a public accountant at
the completion of each fiscal year; and shall prepare an
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1 . - annual budget and a statement of income and expenditures to . .
be presented to the membership at its regular annual meeting,
and deliver a copy of each to the members.
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ARTICLE XII .
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ASSESSMENTS
• . •
Section 1. Creation of the Lien and Personal Oblica-
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tion of Assessments . By the Declaration, each member is deemed to
covenant and agree to pay to the Developer during the develop-
mental period, and thereafter to the Association: (1) annual
assessments or charges, and (2) special assessments for capital
improvements. The annual and special assessments, together,
with such interest thereon and costs of collection thereof, as
hereinafter, provided, shall be a charge on the land and shall be
• a continuing lien upon the property against which each such
assessment is made. Each such assessment,• together with such
interest and costs of collection thereof (including reasonable
attorney's fees) shall also be the personal Y obligation of
the person who was the owner of such property at the time when
the assessment fell due. The personal obligation shall not
pass to his successors in title unless expressly assumed by them:
Provided, however, that in the case of a sale of any lot which is
charged with the payment of an assessment. or assessments pay-
• - able in installments, the person or entity who is the owner
immediately prior to the date of any such sale, shall be per-
sonally liable only for the amount of the installments due prior
to said date. The new owner sha.11 be personally liable for
installments which become due on and after said date.
( • Section 2. Purpose of Assessments . The assessments
levied by the Developer or the Association as hereinafter pro-
vided shall be used exclusively for the purpose of promoting
the recreation, health, safety, and welfare of the residents
in the properties, including without limitation, the construe-
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tic( establishment,•- .mprovement, (— air and maintenace of .
the common properties and services and facilities related to
the use and enjoyment of the common properties, .the payment of
taxes and insurance on the common properties, and the payment-"
• of Trustee's fees to the Trustee appointed hereunder.
• • Section 3. Amount of the-Annual Assessments. The
amount of the annual assessments shall be as follows:
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(a) During such time as title to the common properties
is held by the trustee, and subject to the provisions of Sec- •
tion 6 of this Article XII each owner shall pay the developer
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the amount of TEN AND NO/100 DOLLARS ($10.00) per annum
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• per lot (subject to increase pursuant to the provisions ofp
this Section 3 and of Section 4 of this Article XII) which
shall be used for the purpose provided in Section 2 of this
Article XII and for no others. The extent of the expenditures
for the purposes specified shall be determined by the Developer,
subject to the provisions of Article VI, Section 4 of the
Declaration. Said annual assessment amount may be increased
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during the developmental period by a vote• of two-thirds (2/3)
of the members voting in person or by proxy, at a meeting duly
called for such purpose, written notice of which shall be sent •
to all members not less than thirty (30) days nor more than •
sixty (60)' days in advance of the meeting.
(b) Upon termination of the trust and conveyance
of the common properties, to the Association, each owner shall pay
to the Association a maximum. annual assessment of TEN DOLLARS
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($10.00) per annum per lot ( or in the event
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that said amount has been increased as provided in the
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preceding subparagraph (a) or in Section 4 of this Article XII ,
the amount as so increased) subject to the provisions of _
Section 6 of this Article XII: Provided, that said maximum
• annual assessment may be increased or decreased by the Associa-
tion with the consent of two-thirds (2/3) of the members voting
in person or by proxy, at a meeting duly called for such purpose,
.written notice of which shall be sent to all members not less
than thirty (30) days nor more than sixty (60) days in advance
of the meeting. After consideration of current maintenance
costs and future needs of the Association, the Board of Trustees
• • may fix the annual assessment at an amount less than the maximum
herein set forth. The maximum annual assessment may be increased
by the Association without the assent of two-thirds (2/3) of the •
members as provided in Section 4 of this Article XII .
• Section 4. Increase in Annual Assessments in Conform-
ance with Rise in Consumer Price Index. From and after January
1, 1970, the amount of the annual assessment may be increased
effective January 1 of each year without a .vote of the member-
ship, by not more than that amount which reflects the increase, .
if any, of the U.S. Bureau of Labor Statistics Consumer Price
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0 Index (calculated on the base period: 1957-1959 equal 100) for
Seattle, Washington, for "Urban Wage Earners and Clerical Workers --
All Items", for the preceding month of August. Said index estab-
lishes the numerical rating for Seattle for the month of August,
• 1966, as 114.5. This shall be the base rating. To determine
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the percentage by which the annual assessment for each subsequent
• year may be increased without a vote of the membership, said
rating shall be divided into the" said Consumer Price Index "for .
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the month of August preceding 'the effective date of the proposed , '
• increase". Said adjustment percentage, if in excess of 100
• percentum, shall be multiplied by the initial annual assessment
. amount provided for herein to determine the maximum amount to
' which the annual assessment may be increased for the subsequent
year without a vote of the membership.
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• Section 5, Special Assessments for Capital Improve-
I ments. In addition to the annual assessments a t .u horized above,
the Association may levy special assessments for capital improve •
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ments upon the common properties. Any such levy by the Associa-
tion shall be for the purpose of defraying in whole or in part,
• the cost of any construction or reconstruction, unexpected
repair or replacement of a described capital improvement upon
• the common properties, including the necessary fixtures and
personal property related thereto: Provided that any such assess-
•
ment shall have the assent of two-thirds (2/3) of the votes of
• members voting in person or by proxy at a meeting duly called .
for this purpose, written notice of which shall be sent to •• -
" all members not less than 30 days nor more than 60 days , in
' advance of the meeting setting forth the purpose of the meeting. -
Section 6. "Uniform Rate. Both annual and special '
assessments shall be fixed at a uniform rate, .for all lots.
Section 7'. ' Quorum for Any Action Authorized Under
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,Sections ,3 and. 5. . At the ( rst meeting called, as provided
in Section 3 and 5 hereof, the presence at the meeting of
members or of proxies entitled to cast sixty. percent (603)
• of all the votes shall constitute a quorum. If the required
quorum is not forthcoming .at any meeting, another meeting may •
be called, subject to the notice requirement set forth in
Section 3 and 5, and the required quorum at any such sub-
sequent meeting shall be one-half (1/2) of the required quorum
at the preceding meeting. No such subsequent meeting shall
• be held more than sixty (60) days following the preceding
• meeting. .
Section 8. Date of Commencement of Annual Assessments:
Due Dates. As to all lots involved, the liability for the
annual assessments provided for in Section 3 (a) and (b) of this
Article XII shall begin on the first day of the calendar month
following the conveyance of the first lot to a homeowner. Said
assessment shall be due and payable on such date and on the
first day of January of each succeeding calendar year thereafter.
'The first annual assessment shall be adjusted according to the,
number of months remaining in the calendar year. The due date
of any special assessments under Section 5 hereof shall be
fixed by the resolution authorizing such assessment.
Section 9. Effect of Non-Payment of Assessments:
. Remedies. If any assessment is not paid within thirty (3,0) .
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days after it was first due and payable, the assessment shall
bear interest from the date on which it was due at the rate of
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" six percent (6%) per annum, and the Developer, the Trustee,
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or, upon termination of the trust, the Association, may bring
an action at law against the one personally obligated to pay
the same and/or foreclose the lien against the property, and
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interest., costs, and reasonable attorney's fees of any such
action shall be included in any judgment or decree entered in
such suit. • No owner shall be relieved of liability for the
assessments provided for herein by non-use of the common
properties or abandonment of his lot. '
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Section 10. . Subordination of the Lien to Mortgages.
. _1 The lien of the assessments provided for herein shall be sub-
ordinate to the lien of any first mortgage '(and to the lien
of any second mortgage given to secure payment of the pur-
chase price) now or hereafter placed on any lot. Sale or trans-
fer of any lot shall not affect the assessment lien. However.,
the sale or transfer of any lot which is subject to such
first mortgage, or purchase money second mortgage pursuant
' to a decree of foreclosure under such mortgage or in lieu of
• foreclosure thereof, shall extinguish the Tien of such assess-
ments`.as to payments thereof, which became due prior tosuch
•
sale or transfer. No sale or transfer shall relieve such lot
from liability for any assessments thereafter becoming due or
from the lien thereof.
Section 'll . Exempt Property. The following property
subject to the Declaration shall be exempt from the assessments
created therein; (a) - all properties dedicated to and accepted
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by a local public authority; (b) the common properties; and, J
(c) all properties owned by a charitable or nonprofit organization
exempt from taxation by the laws of the State of Washington. •
However, no land or improvements devoted to dwelling use shall
be exempt from said assessments.
ARTICLE XIII .
BOOKS AND RECORDS .
The books, records and papers of the Association shall
at all times, during reasonable business hours, be subject to
inspection by any member. The Declaration, the Articles of
Incorporation and the By-Laws of the Association shall be
available for inspection by any member at the principal office
• of the Association, where copies may be purchased at reason-
able cost.
ARTICLE XIV• . .
. ,CORPORATE SEAL
The Association shall have a seal in circular form
having within its circumference the words: VICTORIA PARK HOME-
OWNERS' ASSOCIATION, INC. ", and the words "Corporate Seal
Washington 1967" in the form and style as affixed in these By-
Laws by the impression of such seal.
ARTICLE XV
Section 1. These By-Laws may be amended, at a regular .
•
• or special meeting of the members, by a vote of a majority of
a quorum or members present in person or by proxy, except that
during the development period, the Developer and the Federal
Housing Administration shall hpve the right to veto amendments.
•
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i
l
Section 2. In case of any conflict between the
Articles of Incorporation and these By-Laws, the Articles shall
control; and in the case of any conflict between the Declaration
and these By-Laws, the Declaration shall control.
ARTICLE XVI
MISCELLANEOUS
The fiscal year of the Association shall begin on
•
the *first day of January and end on the 31st day of December
of every year, except that the first fiscal year shall begin
on the Date of incorporation. °
• ARTICLE XVII
DATE OF ADOPTION
These By-Laws were duly adopted by the undersigned
member of the Association and the corporate seal thereof
affixed as of the 5th day of June, 1968.
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( to �;- 1/ , z./'li(6/
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1 ;•;' . Tit"' "2 0.5 len
' 'R IvED "
CITY OF RENTON
VICTORIA PARK NO. 3 ti 85/43, 44
•
HEARING EXAMINER 3 Auditor's File .No. 6388371
FEB 131979 PM, EXHIBIT NO.
AM • .
ITEM NO.
• 7,819'110Al2:1.12:3,4'S'�i DECLARATION OP /G
-:?q 1,-71, 31re) -?
• COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION, made this 2eth day of June, 1968 by TRANSAMERICA DEVELOPMENT COMPANY,
a corporation, and G EC:?'}IA PACIFIC INV�S^ENT CCMPANY, a corporation, as joint venturers and
TRANSANIMICA TI?LE =RANCE COMPANY, a corporation, as Trustee, hereinafter collectively
referred to as Declarants, .
'WIT ) ES fSETH:
WHEREAS, Declarants are the legal and beneficial owners ci' certain real property described
as follows:
1. Victoria Park No. 1 as recorded in Vol. 83 of Plats, page 28, records of King County,
Washington._
2. Victoria Park No. 2, as recorded in Vol. 83 of Plats, page 29, records of King County,
Washington. ,
3. Victoria Park No. 3, as recorded in Vol. 85 of Plats, pages 43 and 44, records of King
County, iashington.
•
4. That portion of the northeast quarter of Sec. 30, tcwyship 23 north, Range 5 East, W.M;,
described as follows: Beginning at the most southerly corner of Lot 3, Victoria ?ark No. 2
according to plat recorded in volume 83 of Plats, pate 29, records of Kina Counts,
Washington; thence north 23°25'4:6" west 80.00 feet along the westerly line of said Lot 3;
thence north 22°10'00" west 142.35 feet; thence north 30°16'44" west 20.00 feet; thence
north 38°08'24" west 62.40 feet; thence north 51°39'22" west 70.08 feet; thence north -
45`30'25" west 85.55 feet; thence north 33°13'45" west 35.55 feet; thence south 53°33,09'
west 89.07 feet; thence along a curse to the right having a radius of 45 feet, the center
of which bears south 53°33;09" west, •an arc distance of 28.25 feet; thence north 89°31'18"
east 47.31 feet; thence south 32°44158" east 417.18 feet; thence north 62°46'32" east
63.78 feet to the point of beginning; .
and
WHEREAS Declarants will convey certain of the said properties subject to certain protective
covenants, conditions, restrictions, reservations, liens and charges as hereinafter set forth;
NOV, THEREFORE, Declarants hereby declare that the properties described in ARTICLE Il here-
of shall be held, sold and conveyed, subject to the following easements, restrictions, reserva-
tions, charges, liens, covenants, and conditions, all of which are for the purpose of enhancin?
. and protectlr. the value, desirability and attractiveness of the real property. These eaee*.:ent ,
restrictions, re2er;atlons, charges, liens, covenants and conditions shall run with the real
property and shall be binding-on all parties having or acquiring any right, title or interest In
the described properties or any part thereof, and shall inure to the benefit of each owner
thereof. •
. ARTICLE I '
,DEFINITIONS
Section 1. "The Association" shall mean VICTORIA PARK HOMEOWNERS' ASSOCIATION, INC., its
successors and assigns. -
. Section 2. "Developer" shall mean Transamerica Development Company, a corporation, and
Georgia Pacific Investment Company, a corporation, as joint venturers, and any assigns• engaged in
land development and/or wholesale land sale activities which are the same as, or similar to,
.those of Transamerica Development Company.
Section 3. "Trustee" shall mean the National Bank of Commerce or any successor Trustee.
Secton 4. "Properties" shall mean that certain real property.hereinbefore described, and
addition= thereto as are subject to this declaration or any supplemental declaration.
Section 5. "Common Properties" shall mean all real property owned by the Trustee or the
Association for the common use and enjoyment of the members of the Association and shall not in-
clude any streets or other areas dedicated to public use: The common property for Victoria Park
No. 1, 2 and 3 is particularly described as follows:
1. Tracts "A" and "B" of the plat of Victoria Park No. 1, as recorded in Vol. 83 of plats,
page 28, records of King County. - .
2. Tracts "A" and "C" of the plat of Victoria Park No. 2 as recorded in Vol. 83 of plats, -
page• 29, records of King County. _ - . .
• - . . - / (Continued) .
.
F , (/
85/43, 41A ,i
icto_la Ya^;c No. 3 Pa a 2
L:d )
itor's File No. 6388371 g •
ales 43
�_ Tract "A" of the plat of Victoria Park No. 3, as recorded in Vol. 85 of plats, p •
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• and 44, records of King County. 2 north, range 5.eat, 'r'.11.,
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portion of the•northeast quarter of Sac. 30, township 3 Victoria.eaPark No. 2
4, That Beginning at the most southerly corner of Lot 3,
describedacco as follows: 83 f Plats, page 29, records of King County,
Washington;
to thencenc recordedorth2 in volume:" est p0.00 feet along the westerly line of said Lot 3;
hence nor; 2°1 north st 25 3 a thence north 30°16144" west 20.00 feet; thence
..;es.. •+2.35 feet; °�.. �...-�� feet;
° 09��
thencenorth %" vest 4 ~ `hence north 51 j 2 west 70.08 thence nort?�
. north5° 26"0west�� west fee ; feat; 14 "west 35.55 feet; thence south 53 3�
45°30'25" west 85.55 feet; thence north 33 13 5 - the center
west 89.07 feet; thence along a curve tc the ri_ht having a radius•ofh45cfee ,north 89°enter"
of which bears south 53°33'0?" west, an arc distance of 28.25nfe t; th n2 4� 3t 89°3 'l8"
east 47.31 feet;
thence south 32°41:'58 east 417.18 feet; °
63.78
feet to point of beginning;
All of said common property is designated in red on the overall development plan
nattach map ed
hereto Exhibit L11 e lot of land shown upon any recorded su
Sec "Lot" shall ;lean any p
the properties with the exception of the common properties. who holds membership in the Assoc-
iation "Member" shall Olean every person or entity
as provided inn�Artishall•Jmeanethe record owner, whether one or more persons or entities f.
rt
Section S.and
specifically including the Developer,
sellersa but excludin�title
those having lot
suc'hlinteresthmereljaas .
p contra
of the properties, including •
security for the performance he an obligation. trer o f of the propertiesh
Secforn rf term "the developmentbti period" shall mean that period of time from the date
of recording of this declaration until the date on which seventy P Authority
now or hereafter platted on the property described in Exhibit "A" attached hereto have been sold
be agreed upon by the Federal Housing
by Developer,vlp or untiln suche earlier date as may
" shall terminate' on September 15,
1971.
slid Devecoion, _n arc Brant, the lemeanpmrnn period
d
Section 10. ves meat Company, asejointa venturers,b eneficiaalowners of the r ofathe properties,Transaa icafic lev:nsuent a Company, a corporation, Trustee, lei
Transamerica Title Insurance Company,
ARTICLE II i
• PROPERTY SUBJECT TO THIS
DECLARATION
which is, and shall be, held, transferred,a sold, donveyed ddand:occupied
The real propertyCoon ,f, .
' subject to this declaration is located in King of Plats, page 28, records of King County,
1• Victoria Park No. 1 as- recorded in Vol. 83
Washington.
2.
Victoria Park No. 2 as recorded ,in Vol•. 83 of plats, page 29, records of King County,
Washington. 43 and 44, records of
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3•' Victoria Park No. 3, as recorded in volume 85 of Mats, pages
King County, Washington. +�.�Z•,
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township 23 North, Range 5
JictoEa East,
4. describedec ion follows:of low Beginningint n at ther o£_Sec. 3 , otc3, 7 of King:a
at most southerly corner of Cot 3,
Park
o as crdpage 29,
No. 2, according ingt to plat recnorthorded 23° volume' west 80.00 feelong the westerly line of
County, Washington; orthce 1010 " e5 142.35 feet; . thence north 30°lb'44" west 20.00
said lot 3; norththence 38'08 24"1w 0t 62.40we4t feet;. thence north 51°39�22 - west 70.08 feet;
thence north 33°13'45�� west 35.55 feet; thence
thencet3 26 Ow west 85.5555 eet; tee ' a curve to 3'4he right having a t to nof
c
thenceout 3°33h 9' we'tE"89.07 t; ec;
south 53°33'0c west feet; thence along '0 " an are distance of 2c.25 feet;
45 feet, the center of which bears south 53 33 9 west, a a east ahce feet; thence
thence north 6y°31'13" east 47.31 feet; thence south 3�
5
north 62°46'32'� east 63.78 feet to p°ent of re£erredito as,the "existing pr°Perty." :
all of which property shall hereinafter b
ARTICLE III .
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'ANNEXATION OF ADDITIONAL PROPERTIES ' . '
Annexation of additional properties other than ,properties within the, general-
Sectlonde development
p. ion 2 shall:require the assent ofttwo thirds ofr3)
plan of a ofntherAssociation, at at meeting eduly�called for this purpose, `
of the members
(G`ohtinued)
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Vlctor-'sPak No. 3 • • 15/43, 44
titer/s File No. 6388371 0 .4 ') ` • e '
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of enjoyment in and to the common properties, and such easement shall be appurtenant to and shall
pass with the title to every-assessed lot, subject to the following provisions:
e The right of the Association to limit the number of guests of members;
(b) The right of the Association to charge reasonable admission and other fees .
for the use of any recreational facility situated upon the common property;
(c) The right of the Association, in 'accordance with its Articles and By-Laws,
to borrow money for the purpose of improving the common property and facilities and in aid
uthere-
of to mortgage said property, out the rights of such mortgagee in said property shall b
e nate to the rights of the homeowners hereunder; P are reasonably(d) The right of the Association to take such steps as
necess-
ary to protect any such mortgaged property against foreclosure, including, but not limited to,
the right to charge admission and other fees as a condition to continued enjoyment by the members
and, if necessary, to open the enjoyment df such properties to the votin the g rigd
hts and right to use
(e) =he right of the Association to 3
of the recreational facilities by a member for any period during which any assessment a_ainst his
lot remains unpaid and for a period not to exceed thirty (30) days for any infraction of the
Association's published rules and re:eulations. During the developmental period the Association
shall he required to exercise its right to suspend the voting rights of, and the right to the use
of the recreational facilities by, a member for non-payment of an assessment, upon the request of
the developer.
(f,) The right of the Association, to dedicate or transfer all or any part of
the common properties to any governmental unit or public agency or authority or public utility
for such purposes and subject to such conditions as may be agreed to by the members. No such -\
dedication or transfer shall be effective unless an instrument signed by two-thirds (2/3) of the
members entitled to vote
opohas ed ac rectionoisesentagreeing
every memberanotclessnthan transfer,
(30)and
daysunless
nor „
written notice of the proposed ,
more than sixty (i:0) da;,:s in advance.
(g) burins the developmental period the exercise of all of the rights and
powers set forth in cubparaeraphs (b), (c), (d) and (f) shall require the prior approval of both
the Trustee and the Developer.
.Section 2. Delectation of Use. P.ny member may delegate, in accordance with the Bylaws, his
right of enjoyment to the common properties and facilities to the members of his family, his
tenants or contract purchasers who reside on the property, and, subject to regulation by the
Association to his temporary guests.
uests.
Section 1..
Title to the Properties. The Declarants hereby covenant for themselves,
their successors end assigns, that they will convey fee simple title to the-common properties in
VICTORIA PARK NO. 1 (which are described in Article I, Section 5) to the Trustee, free snd clear
of all encumbrances and liens immediately upon recordation of this declaration.
Section 4. The Trustee. The Trustee shall hold said common properties in trust for -the
benefit and enjoyment of the residents of the properties during the development period, after
which time the trust shall terminate, and the Trustee shall thereupon convey the common proper-
ties to the Association subject to the provisions of this declaration or any surplementel
declaration. Durinz the term of said trust, the Trustee shall have all of the runts end powers
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provided for in this declaration. During the term of said trust, the Developer shall exercise
control over the collection and disbursement of assessments and over the development and ne in-
tenance of the common properties and related facilities: Provided, however, that in the event
the Trustee is notified by the Federal Housing Administration that it has received complaints
against the Developer, which in nature and number are sufficient, in the opinion of the ed_.s1
Housing Administration, to indicate that the Developer is acting unreasonaoly in the exercise of
its control over the collection and disbursement of assessments and development and maintenance
of the common properties and related facilities, the Trustee shall have the power to relieve the
Developer of such control, and, in such event the Trustee shall assume such control itself,
• either directly or through the appointment of an agent or agents.
• ARTICLE VII
•
COVENANT FOR MAINTENANCE ASSESSMENTS
Section 1. Creation of the Lien and Personal Oblization of Assessments. The Declarants,
for each lot owned within the properties, hereby covenants, and each owner of any lot or lots by
acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other
conveyance, is deemed to covenant and agree to pay to the Developer during the developmental
period, and thereafter to the Association, as hereinafter provided: (1) annual assessments or
charges, and (2) special assessments for capital improvements, such assessments to be fixed,
ettabliehed, and collected from time to time as hereinafter provided, The annual and special
assessments, together with such interest thereon and costs of collection 'thereof, as hereinafter
provided, shall be a charge on the land and shall be e. continuing lien upon .the property against
which each such assessment is made. Each such assessments, together with such interest and
costs-of collection thereof (including reasonable attorriey'a fees). shall also be the personal .
obligation of the person who was the owner of such property -at the time when the assessment fell
(Continued) `
i 5/8 43,
.Vutorih Par'k`No. 3 _ " ° ` /'- 4 `
Auditor's File No. 6388371 (Peat. j) . • • (. .
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which shall be sent to all members not less• than thirty (30) days or more than ,sixty (60) days
in advance of the meeting. setting forth the purpose of the meeting. At this meeting, the ores
ence of members or of proxies entitled to cast sixty percent (COS) of the votes shall-constitute •
a quor'x . If the required quorum is not forthcoming at any meeting, another meeting nay be .
called subject. to the notice requirement set forth above and the required quorum at such subse-
quent meeting shall be one-half (1/2) of the required quorum of the preceding meeting. No such
subsequent meeting shall be held more than sixty (60) days following the preceding meeting. In.
the event two-thirds (2/3) of the members are not present in person or by proxy, members not
present may give their written consent to the action taken thereat. Luring the develosmental
•
period, annexation of additional properties under this Section 1 shall also require, the prior
written approval of the Developer. •
Section 2. If- within fifteen years.of the date, of recording of this declaration, Developer
should develop additional lands within the area described in Exhibit "A" attached hereto such
additional lands may be annexed to the existing property without the assent of the members of the
Association: provided, however, that the development of additional lands described in, this sec-
tion shall be in accordance with the general plan submitted to the Federal Housing Administration
with the processing papers for Victoria ?cry 1. retailed plans for the development of additional
lands must be.submitted to the Federal Housing Administration prior •to such development. If the
Federal Housing Administration determines-that such detailed plans are not in accordance with the
general plan on file with it and so• advises the .Association and the Developer, the development:of
the additidnal lands must have the assent of two-thirds (2/3) of the members of the Association
who are voting in person or by proxy at a meeting duly called for this purpose, written notice of
which shall be sent to all members not less than thirty '(30) days nor more than sixty (60) days
in advance of the meeting set for the purpose of the foregoing. At this meeting, the presence-of
members or of rro:=+es entitled to cast sixty percent (6GA-1 of the votes shall constitute a•quorum.
If the required quorum is not forthcoming at any meeting, another meeting may be called, sub,;•ec
to .the notice requirement set forth above, and- the required quorum at any such subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent
meeting shall be held more than sixty (60) days following the preceding meeting.
ARTICLE IV .
MEMRPRSHIP IN THE ASSOCIATION -
Every person or entity who is the record owner of.a fee interest in any lot or lots which
•
mare
emberbofctt heJAssociationo:
rProvided, however,ntt hat ifeanyvlotpis oheldhjointlyibritwo s(2) orbs a
more persons, the several owners of such interest shall designate one of their number as the
."member." The foregoing is not intended to include persons or entities who hold an interest
merely as security for the' performance of. an obligation. No owner shall have more than one
membership. Membership shall be. appurtenant to and may not be separated from ownership of any
lot which is subject to assessment by the Developer or the Association except that the incor'ara-
tors shall be eligible for membership without regard to ownership of an interest in the ;re oer,-
ties. Incorporators who are not owners or contract purchasers of any lot subject
trto aseesae:nt
shall cease to be members of the association at the expiration of two (2) weeks
te of
incorporation of the 'Association. Upon transfer of the fee interest to any lot, .'the membership
and any certificate of membership in the Association shall•iTso facto be deemed to be transferred
to the grantee. Ownership of' any such lot or lots shall be the sole qualification. for•,membership.
ARTICLE V -
. VOTING RIGHTS
• No person shall have more than one (1) membership regardless of the number of lots owned
and the interest of each member shall be equal to that of any other member; and no member may
acquire any interest which entitles him to any greater voice, vote or authority in the Association
than any other-member. In the case of lots owned jointly by two (2) or more persons, only the
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joint owner designated as -the "member" pursuant to Article. IV hereof shall be entitled to vote.
• In the event that the Non-Profit Corroration .Law of the .State of Washington as set :forth in
•
Title 24, Revised Code of Washington is changed to permit one member of a non-profit corporation
to exercise greater voting rights' than another member, voting shall thereafter be according to
'the number of lots owned, that is, members shall be entitled •to one vote for each lot in,which
they hold the interest required for memoership •by Article IV. When more than one person holds
such interest in any lot,. the vote for such lot shall be exercised as they among themselves deter-
,- mine, but in no event shall more than one vote be cast with respect to any lot.
. . . - . ARTICLE ,VI -
' PROPERTY RIGHTS IN THE COMMON PROPERTIES -
Section 1. ' Members' Easements of Enjoyment. Every member shall.have.a right and easement ..
. . ' . • (Continued) . . --
Auditor's elle eo. oeeeete ei .
\ C.,.
•
due. The personal obligation shall not pass to his successors in title unless expressly assumed
by them: Provided, however,.that in the case of a sale of any lot which is charged with the pay-
ment of, an assessment or assessments payable in installments, the person or entity who is the
owner immediately prior to the date of any such sale shall be personally liable only for the
amount of the installments due prior to said date. The new owner shall be personally liable for
installments .which become due on and after said date.
Section 2. Pureone of Assessments. The assessments levied by the Developer or the Associa-
tion as hereinafter provided shall be used exclusively for the purpose of promoting the recrea-
tion, health, safety, and welfare of the revidents of the properties, including, without limita-
tion, the construction, establishment, improvement, repair and maintenance of the ccenon proper-
ties and services and facilities related to the use and enjoyment of the common properties, the
payment of ta:•:es and insurance on the common properties and the payment of Trustee's fees to the
Trustee appointed hereun:er.
Section 3, Amount of the Annual Assessments. The amount of the annual assessments shall
be as follows:
(a) During such tine as title to the common properties is held by the Trustee, and subject
to the provisions of Section 6 of Article VII, each owner shall pay to the Developer the amount
of Ten Dollars (e1C.00) per annum per lot (subject to increase pursuant to the provisions of this
Section 3 and of, Section 4 of this Article VII) which shall be used for the purposes provided in
Section 2 of this Article VII and for no others. The extent of the expenditures for the purposes
specified shall be determined by the Developer, subject to the provisions of Article VI, Section
4. Said annual assessment ,a ount..may be increased during the developmental period by a vote of
two-thirds (2/3) of the members voting in person or by proxy, at a meeting duly called for such
purpose, written notice of which shall be sent to all members not less than thirty (30) days nor
more than sixty (60) days in advance of the meeting.
(b) Upon termination of the trust anti conveyance of the common properties to the Associa- .
tion, each owner shall pay to the Association a maximum annual assessment of Ten Dollars ($10.00)
per,annum per lot (or in the event that amount has been increased as provided in the preceding.
subparagraph (a) or in Section L of this Article VII, the amounts as so increased) subject to the
provisions of Section 6 of this Article VII: Provided, that said maximum annual aasesement may
be increased by the Association with the consent of two-thirds (2/3) of thimembers voting in
person or by proxy, at a meeting duly called for such purpose, written notice of which shall be
sent to all members not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting. After consideration of current maintenance costs and future needs of the Association,
the Board of Trustees may fix the annual assessment at an amount of less than the maximum herein
set forth. The maximum annual assessment may be increased by the Association without the assent
of two-thirds (2/3) of the members as provided in Section A of this Article VII.
Section Li Increase in Annual Assessments in Conformance with Rise in Consumer Price Index.
From and after January 1, 1970, the amount of the annual assessment may be increased effecti•:e
January 1 of each year without a vote of the membership, by not more than that amount which 're-
flects the increase, if any, of the U.S. Bureau of Labor Statistics Consumer Price Index (calcu-
lated on the base period: 1957-1959 equal 100) for Seattle, Washington, for "Urban Wage Earners
and Clerical Workers -- All items'', for the preceding month of August. Said index establishes
the numerical rating for Seattle for the month of August 1966, as 11A.5. This shall be the 5sse
rating. To determine the percentage .by which the annual assessment for each subsequent year may .
be increased without a vote of the membership, said base rating shall be divided into the said
Consumer Price Index for the month of August preceding the effective date of any proposed increase.
Said adjustment percentare, if in excess of 100 percentuh, shall be multiplied by the initial
annual assessment amount provided for herein to determine the maximum aount to which the annual
assessment may be increased for the subsequent year without a vote of the membership.
Section 5. Special Aasesement.s for Captial Improvements. In addition to the annual assess-
ments authorized above, tine Hssoci.acion may levy special assessments for capital improvements
upon the common properties. Any such levy by the Association shall be as provided in .the Articles
of Incorporation and/or _y-Laws of the Association, and during the developmental period shall
require approval of the Trustee and the Developer.
Section 6. Uniform Rate of Assessment. Both annual and special assessments shall be fixed
at a uniform rate for ail lots.
Section 7. G,uort.m for Anv Aetion Authorized Under Sections 3 and 5. At the first meeting
called, as provided'in section 3 and5 hereof, the presence at the meeting of members or of proxies
entitled to case sixty percent (6G;S) of all the votes shall constitute a quorum. If the required
quorum is not fErthcomine at any meeting, another meeting may be called, subject to the notice
requirement set forth in Sections 3 and 5, and the required quorums at any such subsequent meeting
shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meet-
ing shall be held more than sixty (60) days following the preceding meeting. -
Section d. Date cC Co..ence-ant of Annual Asses ent - D:e Ntes. As to all lots subject . .
to this :ecls.-ation, -see liability for tre annual assessments provi ed for in Section 3 (a) and
(b) 'of this Article VII shall begin on the first day of the calendar month following the convey-
ance of the first lot to a hcmeovner. Said assessment shall be due and payable on such date and
on the first day of January of each succeeding calendar year thereafter. The first annual assess-
ment shall be adjusted according to the number of months remaining in the calendar year. The due -
date of any special assessments under Section 5 of this•Article YII shall be fixed by the Trustee,
(Continued)
. ..
Victoria Marx no. e .
Audits:'.+ File No. 6388371 ,ee 6)
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or, as to the Association, by the reeolution'authorizing such assessment. -
Secticn a. "Effect of t±onrnement of Aeseseeent - Remedies. If any assessment is not paid
within thirty 130) days after it was first due and payable, the assessment shall bear interest
from the date on which it was due at the rate of six percent (6%) per annum, and the Eeveloper,
the Trustee, or, upon termination of the trust, the Association, may bring an ection at law
against the one personally obligated to pay the same and/or foreclose the lien against the prop-
erty, and interest, costs, and reasonable attorney's fees of any such action shall be added to
the amount of such assessment and all such sums shall be included in any judgment or decree
entered In su:h suit. No owner, shall be relieved of liability for the assessments provided for
herein by non-use of the common properties or abandonment of hie, lot.
Section 10. Subordination of the Lien to `.orteneees. The lien of the assessments provided
for herein snall be subordinate to the lien of any first mortgage (and to the lien of any second
mortgage given to secure payment of the purchase price) now or hereafter placed on any lot. Sale
or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any
lot which is subject to such first mortgage, or purchase money second mort3age, pursuant to a
decree of foreclosure under such mort.aee or in lieu of foreclosure thereof, shall extinguish the
lien of such assessments as to payments thereof which became due prior to such sale or transfer.
No sale or transfer shall relieve such lot from liability for any assessments thereafter bearing
due or from the lien thereof.
Section 11. Exempt Property. The following property subject to this declaration shall be
exempt from the assessments created herein:
al All properties dedicated to and accepted by a local public authority;
b All common properties; and
c) All properties owned by a charitable or nonprofit organization exempt from taxation by
the laws of the state of Washington. d
. However, no land or improvements devoted to dwelling usei shall be exempt from said assess-
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ments, ARTICLE VIII
EXTERIOR MAINTENANCE
The Developer during the development period, and thereafter the Association, shall maintain
all ccm-,on properties and facilities. Each individual owner shall be obligated to provide ex-
terior maintenance of his own lot. • ARTICLE IX
GENERAL PROTECTIVE COVENANTS '
section 1. Residential +":harecter of Property. The term "residential lots", as u. ed herein, e-
meonn all of the lots now or hereafter platted on the existing property or the additions thereto,
with the exception of the common properties. No structures or buildings of .any kind shall be
er•-e:ted, altered, placed or permitted to remain on any residential lot other than one deteched
sinele-family dwelling for sinelc-family occupancy only, not to exceed two and one-half stories
in hef.aht, with a private garage or carport for not more than three standard size passenger auto- •
mobile..
Section 2. Architectural Control. No building shall be erected, placed or altered on any
lot on the property until the building plans, specifications and plot plan showing the location
of the structure have been approved in writing as to quality of workmenehip and materials, har-
mony of external design with existing structures in the subdivision, and as to location of the
gilding with respect to topography and finished ground elevation, by a committee composed of
or by a representative designated by a majority
of the members of said committee; PaaVIDED, however, that the provisions of this Section 2 shall
not apply to builders purchasing lots on which to construct homes for sale to customers in the
ordinary course of business who are approved by the Developer. , In the event of the death or
resignation of any member of said committee, the remaining member or members shall have full
authority to approve or disapprove such design and location. In the event said committee fails to
approve or disapprove seed plans and specifications within thirty (30) days after sub.:.ission,
approval will not be required and this covenant shall be deemed to have been fully complied with.
Neither the members of such committee, nor its designated representative shall be entitled to any
compensetion for services performed pursuant to the covenant. The powers and duties of the said
committee members shall cease upon the termination of the developmental period, or upon the prior
death of ell three of said members. Thereafter, the committee approval described in this covenant
than be obtained from the Architectural Control Committee of the Association.
All plans, specifications and plot plans which must be submitted for approval hereunder,
shall be submitted to said committee at the following address:
Vitoria Park Architectural Control Committee
Rentor. Village Center -
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1308 Thomas Lene
Renton, Washington •
or to such other address as may hereafter be given in writing to the owners or contract purchas-
ers involved by the Developer or by said Corm^lttee. j (Continued)
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Victorea'Tarfk,No. 3 ,
,Auditd r r s File No. 6388371 (,. o� ) °' • + ' •
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Section 3. Lot Size. 'No residential 'structure shall be erected or placed on any residen-
tial lot which has a (lot) area of less than five thousand (5,000) square feet or a minimum width -.
of fifty (50) feet at the front building line.
Section mousiness end Cornercial time of Procerty Prohibited. No trade, Craft, business,
profession, commercial or Manufacturing enterprise or business or commercial activity of any kind
shall be conducted or carried on upon any residential lot, or within any building located on a
residential lot.
Section 5. Nuisances. No noxious or offensive activity shall be carried on upon any lot,
nor shall anythine be done thereon which may be or may become ;an annoyance or nuisance to the
neighborhood.
Section 6. Pesidential Use of Tennor_r r Structures Prohibited. No trailer, basement,
tent, shack, garage, barn or other outbuildings or any structure of a temporary character erected
or placed on the property shall at any time be used as a residence temporarily or permanently.
Section 7. ,'Inimee Cwelline Cost. No single family dwelling shall be permitted on any lot
at a cost of less than ••10,000.00, exclusive of land, based upon cost levels prevailing on the
date these covenants are recorded, it being the intent and purpose of the covenant to assure that
all dwellings shall be of quality and workmanship and materials substantially the same or better
than that which can be produced on the date these covenants are recorded at the minimum cost
stated herein for the minimum permitted dwelling size. The ground floor area of the main struct-
ure, exclusive of open porches, and garages, shall not be less than eight hundred and fifty (850)
square feet for a one-story dwellin_, nor less than five hundred (500) square feet for the ground
floor area of a dwelling of more than one story. (For the purpose of this provision, a hone with
a daylight basement shall be considered a dwelling of more than one story).
Section 8. Utility Zaee.entr. On each lot, an easement is reserved under and upon five
foot strips of land adja: ent to and within front and rear lot;lines and to side street lot lines _
and under and epon two and one-half (2;) foot strips of land .adjacent to the side lot lines
(except any side street boundary lines) for utility installation and maintenance, including but
not limited to, underground electric power, telephone, water, sewer, drainage, gas, etc., to-
gether with the right to enter upon the lots at all times for said purposes. Additional utility
easements are reserved as shown on the recorded plat and others as required will also be recorded
as will necessary ee:ements required by governmental subdivisions. Within these easements, no
structure, planting, or other material shall be placed or permitted to remain which r-, dam_;e or
interfere with the installation and maintenance of utilities, or which nr••.y chan;e the direction
of flow of dra'_neee channels in the•easements, or which may obstruct or retard the floe of water
through draina.;e channels in the easements; the easement area of each lot and allimnrover•ente in
it shall be maintained contlneoucly by the owner of the lot, e;:cept for those improvements for `.•-
which a public authority or utility company is responsible. .
Section ). =•.n:^r,? No animal, livestock, or poultry of any 'kind shall be 'raised, bred,
or kept on an:' let, except that cats, dogs, birds or other household pets may be kept if they are
not kept, bred, or m: tntai ned for spy commercial purpose, and that they shall not he kept in
numbers or under conditions reasonably objectionable in a closely builtep residential cemunity.
Section 1C. Ziene. No sins shall be displayed to the public view on any lot except one
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professional :1- sir-nee marethan one square foot, one sign of not more than five s.;:ere feet ad-
vertis-ng the pre erty for sale or rent, or signs used by a builder to advertise the property
during the conetructien end sales period.
Section 11. 1• rt.re es Protected. Nothing herein contained shall impair or defeat the lien
of any ✓nor t__ee or deed or trust now or hereafter recorded Covering any lot or lots, but title to
any property cbtaired as a result of foreclosure shall thereafter be held subject to all of the
provisions herein.
:ectien. 12. Duildine Setback Requirements. No building shall be located on any residential
• lot nearer tnen twen: ;_O) feet to the front lot line, nor nearer than twenty (20) feet to any,
side street line, nor nearer than an average of twenty-five (25) feet to the rear lot line, except
a detached :ir ee. 3:o building shall be located nearer than five (5) feet to any (non-street)
side lot line (chimney, porches and decks excepted) in the case of one and one and one-half (1-1i)
story structures nor nearer than six (6) feet to any (non-street? side lot line (chimney, porches
and decks excepted) in the case of two to two and one-half (2 -2e) story structures. P. detached
garage or other permitted accessory building may be located within the side yards of an inside
lot when erected so that the entire building is within a distance of thirty (30) feet from the
rear lot line.
Section 13. Garbs a and Refuse Disposal. No lot shall be used or maintained as a dumping
ground for r ' '-h. :rash, garbage or other waste shall not be kept except in sanitary containers.
All incinerators or other equipment for the storage or disposal of such material shall be kept in
a clean and sanitary condition.
Sectten 1-1. uil end ''?nine Operations. No oil drilling, oil development operations, oil
refining, .r:yin3 or mininz operations of any kind shall be permitted upon or in any lot; nor
shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot.
No derrick or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any lot. •
Section, 15. •.47:e rlsmoaal. No individual sewage-disposal system shall be permitted on
any lot unless such ;system is designated, located, and constructed in accordance with the
(Continued)
b5/43,44
• .vli tvVla: ! ar r+o. d 7Pa( 9} AAuditpr4s F 11; No. 638831 (
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requirements, standards and recommendations of the City of Renton or the King County Health
Department. Approval of such systems as installed shall be obtained from such authority.
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ARTICLE X '
GENERAL PROV_TSI0 TS
Section 1. Enforcement. The Trustee, the Association, the Developer and each c::ner of a
lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at
lava or in equity, all restrictions, conditions, covenants, reservation;,, liens and char es now
or hereafter i;npo3ed by the provisions ofthisdeclaration:
Develop-
er's right to enforce the provisions dec_z_�,,,on: Provided, however, that the op_ovi_ ons of this declaration shall terminate at such time as the
Developer shall cease to be the owner af'a lot or lots subject to this declaration. Failure of
the Trustee, the Association, the Developer, or any such owner to enforce any covenant or res-
triction herein container'. shall in no.e•;ent be deemed a waiver of the right o do so thereafter.
Section 2. Sevcrahl,ity. Invalidation of any one of these covenants or restriction- by
judgment or court order shall in no wise affect any other provisions, which shall remain in full
force and effect.
Section 7. Amendment. The covenants and restrictions of this declaration shall run with
and bind the land, and shall inure to the benefit of and be enforceable by the •i:^zstee, the
Association, and the owner of any lot subject to this declaration, including the Developer, their
respective legal representatives,, heirs, successors and assir,ns, for a term of twenty (20) years
from the date this declaration 13 recorded, after which time said covenants shall be automatic-
ally extended for successive periods of ten (10) years, unless an instrument terminating these
covenants which is signed by not less than the owners then owning seventy-five percent (75:. . of
the property subject to =hia declaration or any supplemental/declaration shall have been filed
with the King County Auditor. The covenants and restrictions of this declaration may be amended
during the first twenty (20) years _-•sricd by an instrument signed by not less than the orners
then owning ninety percent (7,7v) of the property subject to this declaration or any supplemental
declaration, and t'._ereaf ter b-; an instrument signed by not less than the owners
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then seventy-five percent (75,,) of the property subject to this declaration or any supplemenralSdecla-
ration. Amendments shall take effect when they have been recorded with the Auditor of King
County.
Section 4. FHA Arrrova1, As long as title to the common as herein provided, the following actions willthe propertiesov is held by the Busing llo:;�n� `io require prior approval of the Federal Housing
Administration: Annexation of additional properties, dedication of common properties, and amend-
ments of this Declaration of.Covenants, Conditions and Restrictions.
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PLAT RESTRICTICNS
No lot or portion of a lot in this plat shall be divided and sold or resold or ownership changed
or transferred whereby the ownership of any portion of this plat shall be less than the area
required for the use district in which located.
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EASEMENT:
All lots in this plat are subject to an easement for drainage and utility purposes 5 feet in width
adjacent to and within the rear lot lines, and 2i feet in width•adjacent to the side lot lines,
unless otherwise shown.
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