HomeMy WebLinkAboutL_Lincoln_Peak_Declaration_of_CCRs_251124_v1When Recorded, Return to:
J & M Management
17404 Meridian E
Suite F PMB 171
Puyallup, Washington 98375
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS, AND RESTRICTIONS FOR
LINCOLN PEAK, a Plat Community
Grantor: ENTITLE FUND FIVE, LLC, a Washington limited liability company
Grantee: LINCOLN PEAK HOME OWNERS ASSOCIATION
Abbreviated Legal Description: [PTN NE 32-24-5]
Assessor's Tax Parcel ID #: [3345700230]
Reference Nos. of Documents Released or Assigned: None
Related Documents: _________________________
(Plat of Lincoln Peak)
1
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS, AND RESTRICTIONS FOR
LINCOLN PEAK, a Plat Community
THIS DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS, AND RESTRICTIONS
FOR THE LINCOLN PEAK HOME OWNERS ASSOCIATION (this “Declaration”), is made by Entitle
Fund Five, LLC, a Washington limited liability company ("Declarant”). The Declaration and the plat
referenced in the attached Exhibit “B” (the “Map”) create a common interest community (the “Plat
Community”) governed by the Washington Uniform Common Interest Ownership Act, as amended,
Chapter 64.90 RCW (the “Act”). Attached Exhibit “B” shows any additional information required for the
Map by RCW 64.90.245 as permitted by RCW 64.90.245(14), and references to the Map shall mean the
plat as supplemented by Exhibit “B”. The real property initially included in the Plat Community is
described in Paragraph 1 of attached Exhibit “A”. Declarant has reserved the right to expand the Plat
Community to include additional real property described in Paragraph 6 of attached Exhibit “A”. The Act
governs the administration of this Plat Community. Terms used and not defined in this Declaration are
defined in the Act.
Article I Creation of the Community
1.1. Purpose and Intent. Declarant intends by Recording this Declaration to create a
general plan of development for the Plat Community identified in the title to this Declaration. The
Association shall administer and enforce this Declaration and the other Governing Documents in a
manner consistent with the Act.
1.2. Binding Effect. The Plat Community and any property which is made a part of the Plat
Community in the future by Recording one or more Supplemental Declarations or amendments to this
Declaration shall be owned, conveyed, and used subject to all of the provisions of this Declaration and
the other Governing Documents, which shall run with the title to all Units, Limited Common Elements
and Common Elements located in the Plat Community. This Declaration shall be binding upon all
Persons having any right, title, or interest in any portion of the Plat Community, their heirs, successors,
successors-in-title, and assigns. This Declaration and the other Governing Documents shall be
enforceable by Declarant, the Association, any Unit Owner, and their respective legal representatives,
heirs, successors, and assigns, perpetually to the extent permitted by law. If any provision of this
Declaration is determined by judgment or court order to be invalid, or invalid as applied in a particular
instance, the invalid provision shall be severed from the remainder and shall not affect the validity of the
other provisions or applications.
1.3. Units in the Plat Community and Units in the Plat. This Declaration binds the real
property described in Paragraph 1 of Exhibit “A” which is comprised of all Units and Tracts created by
the Plat. If Paragraph 3 of Exhibit “A” indicates that Units will be added to the Plat Community in
phases, then this Declaration creates a common interest community and a plat community governed by
the Act only with regard to those Units in Phase 1 that are identified in Paragraph 3 of Exhibit “A”. This
Declaration establishes Phase 1 of the Plat Community which is comprised of those Units described in
Paragraph 3 of Exhibit “A”, each of which is a Unit.
1.4. Units in Subsequent Phases. If Paragraph 3 of Exhibit “A” indicates that Units will be
added to the Plat Community in phases, then Declarant reserves the right in Section 1.5 hereof to create
in one or more subsequent phases the number of additional Units indicated for such subsequent phases
in Paragraph 3 of Exhibit “A”. If Declarant adds all Units in all phases, then each Lot in the Plat
2
Community will be a Unit in the Plat Community. The Units to be created in subsequent phases shall
not be considered to be Units in the Plat Community unless and until Declarant: (i) completes the
construction of homes within those Units; and (ii) records an amendment to this Declaration adding
those Units to the Plat Community. Each amendment to this Declaration adding Units to the Plat
Community will reallocate the Allocated Interests in accordance with the formula stated in Paragraph 8
of Exhibit “A” hereof (an equal fractional interest among all Units in the Plat Community).
Notwithstanding the foregoing, any Units that have not been added to the Community as Units by the
date which is ten (10) years after the date this Declaration is recorded shall become Units in the Plat
Community as of such date.
1.5. Phased Development.
(a) Phases. If Paragraph 3 of Exhibit “A” indicates that Units will be added to the
Plat Community in phases, then Declarant reserves the right to develop the Plat Community in multiple
phases as provided in this Section. Improvements intended for all phases shall be constructed on the
land described in Paragraph 1 of attached Exhibit “A” and on that land that may be added to the Plat
Community which is described in Paragraph 6 of attached Exhibit “A.” The land upon which
improvements will be constructed for Units to be added in subsequent phases is shown on the Map
(which may be supplemented on attached Exhibit “B”) and is labelled “SUBJECT TO DEVELOPMENT
RIGHTS TO ADD UNITS THAT WILL RESULT IN A REALLOCATION OF ALLOCATED INTERESTS.”
This Declaration, the Plat, and the Map describe the boundaries of all Units for all phases (the
boundaries of a Unit are the same as the boundaries of the applicable Lot). Improvements for Units
added in subsequent phases shall be consistent with the improvements for the first phase in structure
type and quality of construction. Units in the first phase shall become a part of the Plat Community upon
the recording of this Declaration. Units included in the first phase of the Plat Community upon the
recording of this Declaration are located on that portion of the land described as “Phase 1” on the Map
and the designations for those Units are stated in Paragraph 3 of attached Exhibit “A”.
(b) Adding Units. Units within a subsequent phase shall become part of the Plat
Community when Declarant records an amendment to this Declaration and, if necessary to show the
matters required by the Act for the subsequent phase, a revised Map which may be attached to such
Declaration amendment as permitted by RCW 64.90.245(14). The amendment shall assign a
designation to each new Unit created and reallocate the Allocated Interests among all Units in
accordance with the formula stated in Paragraph 8 of attached Exhibit “A”. Any amendment to this
Declaration or the Map adding Units for a subsequent phase may be executed by Declarant alone.
Declarant shall be the initial Owner of all Units created in Phase 1 and each subsequent phase. All
improvements intended for the subsequent phases will be substantially completed prior to recording the
amendment to this Declaration and the Map (if required) for the subsequent phase.
(c) New Budget. Upon the addition of Units within a subsequent phase, the Board
shall establish a new budget suitable to the expanded Plat Community, if necessary, and shall thereafter
impose monthly assessments based on that revised budget.
(d) Reserved Easements for Development of Phases. If Paragraph 3 of Exhibit
“A” indicates that Units will be added to the Plat Community in phases, then Declarant reserves a non-
exclusive easement over, under and across all Units for ingress, egress, construction of improvements
for subsequent phases, and installation of utilities. The purpose of these reserved easements shall be to
permit Declarant to perform all acts necessary to complete the construction of improvements for
additional phases to be added to the Plat Community and shall be construed broadly to effectuate this
purpose. Declarant shall be solely responsible for the cost of constructing the improvements for
3
subsequent phases, including the cost of installing roads and utilities, and utility connection charges.
Declarant shall be permitted to maintain construction and sales facilities and signs for the sale or rental
of Units until Declarant has completed all improvements for all Units that may be added to the Plat
Community and has closed the sale of all homes therein.
(e) Reallocation of Interests. Declarant shall recalculate the Allocated Interests
whenever the exercise of a Development Right or Special Declarant Right results in an increase or
decrease in the total number of Units. Declarant shall state the reallocations in an amendment to this
Declaration signed by Declarant alone. Declarant shall use the formula stated in Paragraph 8 of
attached Exhibit “A” to calculate those reallocations.
Article II Additional Definitions
The terms used in this Declaration and the other Governing Documents shall generally be given
their natural, commonly accepted definitions unless otherwise specified in RCW 64.90.010. Additional
definitions specific to this Declaration are capitalized and defined as set forth below.
2.1. “Bond”: Any insurance, pledge of property or other undertaking by Declarant or Dealer
transferred to a third party as security for the performance of a task subject to approval by the Local
Jurisdiction, which upon completion of the Declarant’s or Dealer’s performance is refundable to the
Person who provided the security.
2.2. "Community-Wide Standard": The standard of conduct, maintenance, or other activity
generally prevailing throughout the Plat Community. Such standard shall be established initially by
Declarant and may contain both objective and subjective elements. The Community-Wide Standard may
evolve as development progresses and as the needs and demands of the Plat Community change.
2.3. “Local Jurisdiction”: Any governmental authority having jurisdiction over the Plat
Community for a matter described in this Declaration. A Local Jurisdiction may include, without
limitation, the State of Washington, a county, a city, or a local sewer or water district or other
governmental entity assigned authority by law to regulate activities in the Plat Community. A Local
Jurisdiction may refer to different governmental authorities, depending upon which governmental
authority is assigned responsibility to regulate activities described in this Declaration.
2.4. “Permits”: Collectively, the permits, land use restrictions and conditions of Plat
approval, as determined, approved and issued by the Local Jurisdiction related to the development and
construction of improvements located at the Plat Community, as such may be amended or modified from
time to time.
2.5. “PIC”: The Property Improvement Committee, as described in Article IV, Section 4.2.
2.6 “Protected Trees”: The trees (also referred to in some jurisdictions as street trees) that
are required to be planted, located and maintained in the Plat Community pursuant to notes on the face
of the Plat, the Permits, or described by this Declaration, if tree protection is required by the Local
Jurisdiction. A pre-existing tree or a tree planted by Declarant on a Unit, Limited Common Element or a
Common Element at the time the Unit is purchased by a Unit Owner is considered a Protected Tree.
Protected Trees that are located within Common Elements are owned by the Association. Any tree
located within twenty (20) feet of a public right of way (whether such right of way is located within or
outside the Plat Community) shall be presumed to be a Protected Tree unless the Association,
Declarant or the Local Jurisdiction confirms otherwise in writing to the Unit Owner.
4
2.7 "Recording" and "Recorded": To file or to have filed of record in the public real estate
records of the county in which the Plat Community is located, or such other place which is designated as
the official location for recording deeds and similar documents affecting title to Real Estate. The date of
Recording shall refer to that time at which a document, map, or plat is Recorded.
2.8. "Residential Design Guidelines": The architectural, design, and construction guidelines
and review procedures adopted pursuant to Article IV, as they may be amended, which establish
architectural standards and guidelines for improvements and modifications to Units.
2.9. “Specific Assessments”: Assessments permitted by RCW 64.90.480(4), to be made
only upon certain Units and Unit Owners.
2.10. "Supplemental Declaration": An instrument Recorded which subjects additional Real
Estate to this Declaration and/or imposes, expressly or by reference, additional restrictions and
obligations on the land described in such instrument.
2.11. "Use Restrictions": The Initial Use Restrictions set forth in Article III as they may be
supplemented, modified, and repealed, which govern the use of property, activities and conduct within
the Plat Community.
Article III Use and Conduct
3.1. Authority to Enact Use Restrictions.
(a) Subject to the provisions of RCW 64.90.510, the Permits, the Governing
Documents, and the Board's duty to exercise business judgment and reasonableness on behalf of the
Association and the Unit Owners, the Board may adopt, modify, cancel, limit, create exceptions to, or
expand the Use Restrictions. The Board shall give Notice concerning any such proposed action at least
fourteen (14) days prior to the Board meeting at which such action is to be considered. Unit Owners
shall have a reasonable opportunity to be heard at a Board meeting prior to such action being taken.
Such action shall become effective unless disapproved at a meeting by Unit Owners.
The Board shall have no obligation to call a meeting of the Unit Owners to consider disapproval except
upon receipt of a petition as required for special meetings in RCW 64.90.445(1)(b). Upon receipt of such
petition prior to the effective date of any Board action, the proposed action shall not become effective
until after such meeting is held, and then subject to the outcome of such meeting. Alternatively, Unit
Owners may vote at a special meeting to adopt Use Restrictions which modify, cancel, limit, create
exceptions to, or expand the Use Restrictions then in effect.
Prior to any action taken under this Section 3.1(a) becoming effective, the Board shall
provide notice (containing a copy of the new Use Restriction or explanation of any changes to the Use
Restrictions) to each Unit Owner. The effective date shall be at least thirty (30) days following
distribution to the Unit Owners. The Association shall provide, without cost, a copy of the Use
Restrictions then in effect to any requesting Unit Owner or holder of a Security Interest. Nothing in this
Article shall authorize the Board or the Unit Owners to modify, repeal, or expand the Residential Design
Guidelines or other provisions of this Declaration. In the event of a conflict between the Residential
Design Guidelines and the Use Restrictions, the Residential Design Guidelines shall control.
(b) The procedures required under this Section shall not apply to the enactment
and enforcement of Rules (including with respect to, by way of example and not limitation, administrative
5
issues, regulations governing the use of the Common Elements, etc.) unless the Board chooses in its
discretion to submit to such procedures. Examples of such administrative Rules not governed by this
Section shall include, but not be limited to, hours of operation of a recreational facility, use of private
trails, and the method of allocating or reserving use of a facility (if permitted) by particular individuals at
particular times. The Board shall exercise business judgment in the enactment, amendment, and
enforcement of the Rules.
3.2. Unit Owners' Acknowledgment and Notice to Purchasers. All Unit Owners are given
notice by this Section that use of their Units and the Common Area is limited by the Use Restrictions as
they may be amended, expanded, and otherwise modified hereunder. Each Unit Owner, by acceptance
of a deed, acknowledges and agrees that the use and enjoyment and marketability of the Unit can be
affected by this provision and that the Use Restrictions may change from time to time. All Purchasers of
Units are on notice that changes may have been adopted by the Association. Copies of the current Use
Restrictions may be obtained from the Association.
3.3. Protection of Unit Owners and Others. Except as may be contained in this Declaration
either initially or by amendment or in the initial Use Restrictions, all Use Restrictions shall comply with
RCW 64.90.510 and the following:
(a) Similar Treatment. Similarly situated Unit Owners shall be treated similarly.
(b) Displays. The rights of Owners to display religious and holiday signs, symbols,
and decorations inside structures on their Units of the kinds normally displayed in dwellings located in
single-family residential neighborhoods shall not be abridged, except that such shall be consistent with
federal, state and the Local Jurisdiction’s laws. The Association may adopt as Rules time, place, and
manner restrictions with respect to any displays (including, without limitation, those outside of a dwelling)
visible from outside the dwelling. No Use Restrictions shall regulate the content of political signs;
provided, however, Rules may regulate the time, place, and manner of posting such signs (including,
without limitation, design criteria).
(c) Household Composition. No Use Restriction shall interfere with the freedom of
Unit Owners to determine the composition of their households, except that the Association shall have
the power to (i) require that all occupants be members of a single housekeeping unit, (ii) limit the total
number of occupants permitted in each Unit on the basis of the size and facilities of the Unit, (iii) limit fair
use of the Common Area, (iv) limit or prohibit the occupancy of Units by persons who have been
convicted of a crime for which continued supervision after conviction is imposed upon the proposed
occupant, and (v) limit or prohibit the occupancy of Units on the basis of compelling compliance with
applicable law.
(d) Activities Within Dwellings. No Use Restriction shall interfere with the activities
carried on within the confines of dwellings, except that the Association may prohibit activities not
normally associated with property restricted to residential use, it may regulate rental of Units, and it may
restrict or prohibit any activities that create monetary costs for the Association or other Owners, that
create a danger to the health or safety of occupants of other Units, that generate excessive noise or
traffic, that create unsightly conditions visible outside the dwelling, that create an unreasonable source of
annoyance, or that involve illegal conduct.
(e) Household Occupations. No Use Restriction may interfere with the rights of a
Unit Owner or occupant residing in a Unit to conduct business activities within the Unit so long as (i) the
existence or operation of the business activity is not apparent or detectable by sight, sound or smell from
6
outside the Unit; (ii) the business activity is consistent with the residential character of the Plat
Community and does not constitute a nuisance, or a hazardous or offensive use, or threaten the security
or safety of other residents of the Plat Community, as may be determined in the Board's sole discretion;
(iii) any goods, materials or supplies used in connection with any trade, service or business, wherever the
same may be conducted, be kept or stored inside any building on any Unit and that they not be visible from
the exterior of the buildings located at the Unit; and (iv) the use is as otherwise allowed by the Permits and
applicable law. Nothing in this Section shall permit (A) the use of a Unit for a purpose which violates law,
regulations, Rules or applicable zoning codes, or (B) activities that cause a significant increase in
neighborhood traffic, or (C) modification of the exterior of the Unit. The Board may, from time to time,
promulgate Rules restricting activities pursuant to the authority granted to the Association under RCW
64.90.510, this Declaration, and the other Governing Documents.
(f) Allocation of Burdens and Benefits. No Use Restriction shall alter the
allocation of financial burdens among the various Units or rights to use the Common Area to the
detriment of any Unit Owner over that Unit Owner's objection expressed in writing to the Association.
Nothing in this provision shall prevent the Association from changing the Common Area available, from
adopting generally applicable Rules for use of Common Area, or from denying use privileges to those
who abuse the Common Area or violate the Governing Documents.
(g) Abridging Existing Rights. No Use Restriction shall require a Unit Owner to
dispose of personal property that was in or on a Unit prior to the adoption of such Use Restriction and
which was in compliance with all Use Restrictions previously in force. This dispensation shall apply only
for the duration of such Unit Owner's ownership of such personal property, and this right shall not run
with title to any Unit.
(h) Care of Protected Trees. The Unit Owners and the Association are prohibited
from (i) voting to abandon or ceasing the maintenance of the Protected Trees, or (ii) removing or altering
(other than appropriate pruning) the Protected Trees without permission of Declarant, until any
maintenance Bond related to Protected Trees is released and fully exonerated, without charge or
reduction, or upon the Bonds’ forfeiture. Thereafter, the restrictions related to Protected Trees
preservation shall be determined by the Local Jurisdiction.
(i) Reasonable Rights To Develop. No Use Restriction, Rule or action by the
Association or Board shall unreasonably impede Declarant's right to develop the Plat Community.
3.4 Initial Use Restrictions. The following initial Use Restrictions shall apply to the Plat
Community until such time as they are amended, modified, repealed, or limited by the Association.
(a) General. The Units, Common Elements and Limited Common Elements shall
be used only for Residential Purposes (which may include, without limitation, offices for any property
manager retained by the Association or business offices for Declarant, Dealers, or the Association
consistent with this Declaration and any Supplemental Declaration).
(b) Temporary Structures Prohibited. No basement, tent, shack, garage, barn or
other outbuilding or buildings or any structure of a temporary or moveable character erected or placed
within the Plat Community shall at any time be used as living quarters except as specifically authorized
by the PIC.
(c) Nuisances. No noxious or undesirable thing, activity or use of any Unit in the
Plat Community shall be permitted or maintained. If the PIC shall determine that a thing or use of any
7
Unit or any part of the Plat Community is undesirable or noxious, such determination shall be conclusive.
The PIC may recommend and the Board may direct that steps be taken as is reasonably necessary
including, without limitation, the institution of legal action or the imposition of fines to abate any activity,
remove anything or terminate any use of property which is determined by the PIC or described in this
Declaration to constitute a nuisance.
(d) Limitation on Animals. No animal, livestock or poultry of any kind shall be
raised, bred or kept on or within any Unit, except cats, dogs, birds or fish may be kept if they are not
kept, bred or maintained for any commercial purpose, and they shall not be kept in numbers or under
conditions reasonably objectionable in a closely built up residential community. Animals shall not be
allowed to roam loose outside the limits of any Unit on or within which they are kept; provided, however,
the Board in its discretion may designate certain tracts as off-leash dog areas, subject to reasonable
Rules, so long as (i) the dog(s) are under voice command; (ii) the dog(s) are non-aggressive; and (iii) all
solid waste is removed by the Unit Owner utilizing the Common Elements for such purposes. Any dogs
must be kept so as to minimize excessive noise from barking or otherwise shall be considered a
nuisance according to the terms of this Declaration. Each Unit Owner shall be responsible for cleaning
up after his or her animal for any waste or damage to any area outside of the Owner’s Unit.
(e) Limitation on Signs. The Association may regulate or prohibit all signs on the
Common Elements, Limited Common Elements and Units, to the fullest extent allowed by applicable law
and Section 3.3(b). The Association may establish guidelines or restrictions including, without limitation,
duration, location and appearance of signs.
(f) Completion of Construction Projects. The work of construction of all buildings
and structures shall be pursued diligently and continuously from commencement of construction until the
structures are fully completed and painted. All structures shall be completed as to external appearance,
including, without limitation, finish painting, within one year of the date of commencement of
construction, except such construction as is performed by Declarant, which shall be exempt from the
limitations contained in this Section. Front yard landscaping must be completed within ninety (90) days
of occupation of a Unit, and rear yard landscaping must be completed within one hundred eighty (180)
days of occupation of a Unit. Except with the approval of the PIC, no person shall reside on the premises
of any Unit until such time as the improvements to be erected on the Unit in accordance with the plans
and specifications approved by the PIC have been completed.
(g) Unsightly Conditions. No unsightly conditions shall be permitted to exist on or
within any Unit. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view
for drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; and
non-decorative gear, equipment, cans, bottles, ladders and other such items. No awnings, air
conditioning units, heat pumps or other projections shall be placed on the exterior walls of any Unit
unless prior written approval shall have been obtained from the PIC. Garbage containers and recycle
bins are to be stored so as not to be seen from the street, except on pick-up days. Unit Owners should
insure garbage containers are secure from overflowing or spills and to keep litter and debris picked up
around their Unit at all times.
(h) Antennas, Satellite Reception. Satellite dishes of no more than one meter in
diameter or diagonal measurement are permitted on a Unit without PIC approval. All over-the-air
reception devices shall comply with the Residential Design Guidelines or other applicable Rules adopted
by the Association pertaining to the means, method and location of antennas and satellite dishes. PIC
approval will be consistent with FCC regulations.
8
(i) Roofs. Roofs on all buildings must be finished with materials approved for use
by the PIC. More than one type of material may be approved.
(j) Fences, Walls. In order to preserve the aesthetics of the Plat Community, no
fence, wall or hedge shall be erected or placed on any Unit unless prior written approval has been
obtained from the PIC. The design and color of any fence, whether visible to the other Units or not, shall
be constructed and finished according to the standard fence detail, as such detail is initially designated
by the PIC. If a standard fence detail is attached to this Declaration, such fence detail and any required
color for a fence may be modified by the PIC.
(k) Residential Purposes Only. Except for Declarant's or a Dealer’s temporary
sales, construction offices and model homes, no Unit shall be used for other than one detached single
family residential dwelling, with driveway parking used for not more than three cars.
(l) Underground Utilities Required. Except for any facilities or equipment provided
by Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be
placed underground.
(m) Drainage Waters. Following original grading of the roads and ways of the Plat
Community, no drainage waters shall be diverted or blocked from their natural course so as to discharge
upon any public or private road serving as a right-of-way. A Unit Owner, prior to making any alteration in
the natural drainage or a constructed drainage system, must make application to and receive approval
from the PIC or, if required by law, the Local Jurisdiction. Any enclosing of drainage waters in culverts or
drains or rerouting thereof across any Unit as may be undertaken by or for the Unit Owner shall be done
by and at the expense of such Owner.
(n) NBA Restrictions and Maintenance. All areas designated on the Map as native
growth protection area, sensitive area, critical area, buffer, natural buffer area, wetland or wetland buffer,
if any (collectively, “NBA”) shall be left permanently undisturbed in a substantially natural state. No
clearing, grading, filling, building construction or placement, or road construction of any kind shall occur
within these areas, except the activities approved by the Local Jurisdiction. The Association shall be
responsible for operating, maintaining and restoring the condition of the NBA in the event any
unauthorized disturbance occurs; provided, however, in the event that such disturbance is determined to
be the fault of a party, the Association may pursue a claim for reimbursement of damages to the NBA
from the party disturbing the area. The Association shall be guided in its maintenance of the NBA by the
provisions contained in the ordinances of the Local Jurisdiction.
(o) Timeshares. No operation of a timesharing, fraction-sharing, or similar
program whereby the right to exclusive use of the Unit rotates among participants in the program on a
fixed or floating time schedule over a period of years, is permitted.
(p) Conversion of Garages. Conversion of any garage, attic, or other unfinished
space, other than a basement, to finished space for use as an apartment or other integral part of the
living area on any Unit is prohibited.
(q) Irrigation Systems. No sprinkler or irrigation systems or wells of any type may
draw upon water from lakes, creeks, streams, rivers, ponds, wetlands, canals, or other ground or surface
waters within the Plat Community, except that Declarant shall have the exclusive right to draw water
from such sources and to reduce the level of such bodies of water if and to the extent allowed by the
Permits.
9
(r) Burning. No open-air burning or use of wood stoves is permitted except in
compliance with Local Jurisdiction ordinances; provided, however, outdoor cooking facilities, such as
barbeques, are permissible subject to Rules and Local Jurisdiction ordinances.
(s) Limitation on Storage of Vehicles – Temporary Permits for RVs. Except as
hereinafter expressly provided, the Units, Common Elements and/or streets located in the Plat
Community shall not be used for the storage and/or overnight parking of any vehicle other than private
family automobiles, trucks, motorcycles and commercial vehicles operated by a person residing at the
Unit (provided that such commercial vehicles contain a single rear axle). Vehicles shall not be parked on
a driveway or street in lieu of being parked in an available space in a garage, except as otherwise
provided by Rules established by the Board. Boats, boat trailers, house trailers, campers, trucks, trucks
with a camper, or other recreational vehicles or similar object may not be stored and/or parked overnight
in any part of the Plat Community, except as specified herein, or as may be permitted by Rules
established by the Board. No inoperable vehicles of any kind shall be parked, stored, maintained, or
constructed on any Unit or street unless stored in a garage. Notwithstanding the foregoing, Unit Owners
who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle
may secure written permission from the PIC for guests to park on the driveway of a Unit for a period of
up to seventy-two (72) hours, and not to exceed two (2) weeks in any calendar year. The privilege shall
only exist, however, after the written permission has been obtained from the PIC. A Unit Owner that
stores a recreation vehicle off-site may park the vehicle on the driveway of a Unit for forty-eight (48)
hours for the purpose of preparing for departure or upon return, to facilitate preparation and return from
travel.
(t) Changing Unit Contours. The surface grade or elevation of the various Units
shall not be substantially altered or changed in any manner which would affect the relationship of such
Unit with other Units, or which would result in materially obstructing the view from any other Unit, or
which would otherwise produce an effect out of harmony with the general development of the immediate
area in which said Unit is located. Whether or not such alteration or change in the elevation or grade of
any Unit would be prohibited shall be determined by Declarant during the period of Declarant control in
its sole, subjective discretion.
(u) Garbage Disposal. The Unit Owner shall ensure that no garbage can or other
receptacle will be visible from any place outside the residence except immediately prior to until
immediately after collection day.
(v) Prohibited Materials. In order to protect the environment, sensitive areas and
water quality precautions must be taken with the storm drainage system on site. The following materials
shall not be allowed to enter any surface or subsurface part of the public and/or private drainage system:
(i) Petroleum products including, but not limited to, oil, gasoline, grease, fuel oil and heating oil; (ii) Trash
and/or debris; (iii) Animal waste; (iv) Chemicals and/or paint; (v) Steam cleaning waste; (vi) Materials
from washing uncured concrete or for cleaning and/or finishing purposes or to expose aggregate; (vii)
Laundry wastes or other soaps; (viii) Pesticides, herbicides, or fertilizers; (ix) Sewerage; (x) Heated
water; (xi) Chlorinated water or chlorine; (xii) Degreasers and/or solvents; (xiii) Bark or other fibrous
material; (xiv) Antifreeze and/or other automotive products; (xv) Lawn clippings, leaves or branches; (xvi)
Animal carcasses; (xvii) Silt; (xviii) Acids or alkalis; (xix) Recreation vehicle wastes; (xx) Dyes, unless
prior permission has been granted by the Local Jurisdiction; or (xxi) Construction materials.
Any Unit Owner found to not be in compliance with the use, handling or storage of these
items shall immediately remove and remedy the matter, upon written notice of the Association or the
Local Jurisdiction.
10
Article IV Architecture and Landscaping
4.1. General. No structure or thing shall be placed, erected, or installed upon any Unit
within the Plat Community and no improvements or other work (including, without limitation, staking,
clearing, excavation, grading and other site work, exterior alterations of existing improvements, or
planting or removal of landscaping) shall take place within the Plat Community, except in compliance
with this Article and the Residential Design Guidelines adopted pursuant to this Declaration.
No approval of the PIC shall be required to repaint the exterior of a structure, if in
accordance with the originally approved color scheme, or to rebuild in accordance with originally
approved plans and specifications. Any Unit Owner may remodel, paint, or redecorate the interior of his
or her Unit without approval, provided that the work performed complies with all laws; provided,
however, modifications to the interior of screened porches, patios, and similar portions of a Unit visible
from outside the structure and modifications to enclose garages as living space shall be subject to
approval. All dwellings constructed on any portion of the Plat Community shall be designed by and built
in accordance with the plans and specifications of a licensed architect or licensed building designer
unless otherwise approved by Declarant or Declarant’s designee, in its sole discretion.
4.2. Design Review.
(a) By Declarant. Declarant reserves as a Special Declarant Right the right to
control all construction, design review, and aesthetic standards and the process for approving the same
for as long as Declarant owns any Unit in the Plat Community or any land that may be added to the Plat
Community. Each Unit Owner, by accepting a deed or other instrument conveying any interest in any
Unit, acknowledges that Declarant has a substantial interest in ensuring that the improvements within
the Plat Community enhance Declarant’s reputation as a community developer or builder and do not
impair Declarant’s ability to market, sell, or lease its property. Therefore, each Unit Owner agrees that no
activity within the scope of this Article ("Work") shall be commenced on such Unit Owner's Unit unless
and until Declarant or Declarant’s designee has given its prior written approval for such Work, which
approval may be granted or withheld in Declarant's or Declarant’s designee's sole discretion.
In reviewing and acting upon any request for approval, Declarant or its designee shall
be acting solely in Declarant's interest and shall owe no duty to any other Person. Declarant’s rights
reserved under this Article shall continue so long as Declarant owns any portion of the Plat Community
or any real property which may be added to the Plat Community, unless earlier terminated in writing,
executed and Recorded by Declarant. Declarant may, in its sole discretion, designate one or more
Persons from time to time to act on Declarant’s behalf in reviewing applications hereunder.
Declarant may from time to time, but shall not be obligated to, delegate all or a portion
of Declarant’s reserved rights under this Article to (i) a Property Improvement Committee appointed by
the Association's Board of Directors, or (ii) a committee comprised of architects, engineers, or other
persons who may or may not be Unit Owners. Any such delegation shall be in writing, specifying the
scope of responsibilities delegated, and shall be subject to (A) Declarant's right to revoke such
delegation at any time and reassume jurisdiction over the matters previously delegated; and (B)
Declarant's right to veto any decision which Declarant determines, in Declarant’s sole discretion, to be
inappropriate or inadvisable for any reason. So long as Declarant has any rights under this Article, the
jurisdiction of the foregoing entities shall be limited to matters specifically delegated by Declarant.
(b) Property Improvement Committee. Upon delegation by Declarant or upon
expiration or termination of the period of Declarant control, the Association, acting through the PIC, shall
11
assume jurisdiction over design, property modification and architectural matters in the Plat Community.
The PIC, when appointed, shall consist of at least three (3), but not more than seven (7), Persons who
shall serve and may be removed and replaced in the Board's discretion. At least two (2) members of the
PIC must be members of the Board, and may, but need not, include architects, engineers, or similar
professionals whose compensation, if any, shall be established from time to time by the Board. If the PIC
is not formed or is determined to lack authority to exercise the powers assigned to it for any reason, the
Board shall act as the PIC. The PIC may be broken into or may form subcommittees to preside over
particular areas of review (including, by way of example and not limitation, a new construction
subcommittee and a modifications subcommittee). Any reference herein to the PIC should be deemed to
include a reference to any such subcommittee. Unless and until such time as Declarant delegates all or
a portion of its reserved rights to the PIC or Declarant's rights under this Article terminate, the
Association shall have no jurisdiction over architectural matters. For purposes of this Article, the entity
having jurisdiction in a particular case shall be referred to as the "Reviewer." The Work performed on
Units owned by Declarant or an Affiliate of Declarant, including but not limited to warranty-related Work,
is exempt from review by the Reviewer.
(c) Reviewer Fees; Assistance. The Reviewer may establish and charge
reasonable fees for review of applications hereunder and may require such fees to be paid in full prior to
review of any application. Such fees may include, without limitation, the reasonable costs incurred in
having any application reviewed by architects, engineers, or other professionals. Declarant and the
Association may employ architects, engineers, or other persons as deemed necessary to perform the
review. The Board may include the compensation of such persons in the Association's annual operating
budget as a Common Expense.
4.3. Guidelines and Procedures.
(a) Residential Design Guidelines. Declarant may prepare the initial Residential
Design Guidelines, which may contain general provisions applicable to all of the Plat Community as well
as specific provisions which vary from area to area within the Plat Community. The Residential Design
Guidelines are not the exclusive basis for decisions of the Reviewer and compliance with the Residential
Design Guidelines does not guarantee approval of any application. Absence of adopted Residential
Design Guidelines shall not limit the PIC’s ability to exercise its powers; provided, however, when
disapproving an application for permission to perform Work, the Reviewer shall describe the basis for a
decision if the Reviewer is unable to refer to adopted Residential Design Guidelines as the reason for
disapproval of an application.
Declarant shall have sole and full authority to amend the Residential Design Guidelines
in a manner consistent with the Permits during the period of Declarant control, notwithstanding a
delegation of reviewing authority to the PIC, unless Declarant also delegates the power to amend to the
PIC. Upon termination or delegation of Declarant's right to amend, the PIC shall have the authority to
amend the Residential Design Guidelines in a manner consistent with the Permits, with the consent of
the Board. Any amendments to the Residential Design Guidelines shall be prospective only and shall not
apply to require modifications to or removal of structures previously approved once the approved
construction or modification has commenced. Except for conditions of the Permits, there shall be no
limitation on the scope of amendments to the Residential Design Guidelines, and such amendments
may remove requirements previously imposed or otherwise make the Residential Design Guidelines less
restrictive.
The Reviewer shall make the Residential Design Guidelines available to Unit Owners
and Dealers who seek to engage in development or construction within the Plat Community. In
12
Declarant's discretion, such Residential Design Guidelines may be Recorded, in which event the
Recorded version, as it may unilaterally be amended from time to time, shall control in the event of any
dispute as to which version of the Residential Design Guidelines was in effect at any particular time.
(b) Procedures. No Work shall commence on any portion of the Plat Community
until an application for approval has been submitted to and approved by the Reviewer. Such application
shall include plans and specifications ("Plans") showing site layout, structural design, exterior elevations,
exterior materials and colors, landscaping, drainage, exterior lighting, irrigation, and other features of
proposed construction, as applicable. The Residential Design Guidelines and the Reviewer may require
the submission of such additional information as may be reasonably necessary to consider any
application. In reviewing each submission, the Reviewer may consider any factors it deems relevant,
including, without limitation, harmony of external design with surrounding structures and environment.
Decisions may be based on purely aesthetic considerations. Each Unit Owner acknowledges that
determinations as to such matters are purely subjective and opinions may vary as to the desirability
and/or attractiveness of particular improvements.
The Reviewer shall respond to the applicant by giving notice pursuant to RCW
64.90.515. The response may (i) approve the application, with or without conditions; (ii) approve a
portion of the application and disapprove other portions; or (iii) disapprove the application. The Reviewer
may, but shall not be obligated to, specify the reasons for any objections and/or offer suggestions for
curing any objections. In the event that the Reviewer fails to respond in a timely manner (as provided in
the Residential Design Guidelines), approval shall be deemed to have been given, subject to Declarant's
right to veto approval by the PIC pursuant to this Section. However, no approval, whether expressly
granted or deemed granted pursuant to the foregoing, shall be inconsistent with the Residential Design
Guidelines unless a differing design proposal has been approved pursuant to Section 4.5.
Until expiration of the period of Declarant control, the PIC shall notify Declarant in
writing within three (3) business days after the PIC has approved any application relating to proposed
Work within the scope of matters delegated to the PIC by Declarant. The notice shall be accompanied
by a copy of the application and any additional information which Declarant may require. Declarant shall
have ten (10) days after receipt of such notice to veto any such action, in its sole discretion, by notice to
the PIC and the applicant.
If construction does not commence on a project for which Plans have been approved
within one (1) year after the date of approval, such approval shall be deemed withdrawn and it shall be
necessary for the Unit Owner to reapply for approval before commencing the proposed Work. Once
construction is commenced, it shall be diligently pursued to completion. All Work shall be completed
within one (1) year of commencement unless otherwise specified in the notice of approval or unless the
Reviewer grants an extension in writing, which it shall not be obligated to do. If approved Work is not
completed within the required time, it shall be considered nonconforming and shall be subject to
enforcement action by the Association, Declarant or any aggrieved Unit Owner.
The Reviewer may, by resolution, exempt certain activities from the application and
approval requirements of this Article, provided such activities are undertaken in strict compliance with
the requirements of such resolution.
4.4. No Waiver of Future Approvals. Each Unit Owner acknowledges that the persons
reviewing applications under this Article will change from time to time and that opinions on aesthetic
matters, as well as interpretation and application of the Residential Design Guidelines, may vary
accordingly. In addition, each Unit Owner acknowledges that it may not always be possible to identify
13
objectionable features of proposed Work until the Work is completed, in which case it may be
unreasonable to require changes to the improvements involved, but the Reviewer may refuse to approve
similar proposals in the future. Approval of applications or Plans for any Work done or proposed, or in
connection with any other matter requiring approval, shall not be deemed to constitute a waiver of the
right to withhold approval as to any similar applications, Plans, or other matters subsequently or
additionally submitted for approval.
4.5. Variances. The Reviewer may authorize variances from compliance with any of its
guidelines and procedures when circumstances such as topography, natural obstructions, hardship, or
aesthetic or environmental considerations require, but only in accordance with the law. Such variances
may only be granted, however, when unique circumstances dictate and no variance shall (a) be effective
unless in writing; (b) be contrary to this Declaration; or (c) estop the Reviewer from denying a variance in
other circumstances. For purposes of this Section, the inability to obtain approval of any governmental
agency, the issuance of any permit, or the terms of any financing shall not be considered a hardship
warranting a variance.
4.6. Limitation of Liability. The standards and procedures established by this Article are
intended as a mechanism for maintaining and enhancing the overall aesthetics of the Plat Community;
they do not create any duty to any Person. Review and approval of any application pursuant to this
Article is made on the basis of aesthetic considerations only and the Reviewer shall not bear any
responsibility for ensuring the structural integrity or soundness of approved construction or modifications,
nor for ensuring compliance with building codes and other governmental requirements, nor for ensuring
that all dwellings are of comparable quality, value, or size or of similar design.
Declarant, the Association, the Board, any committee, or any member of any of the
foregoing shall not be held liable for soil conditions, drainage or other general site work, any defects in
Plans revised or approved hereunder, or any injury, damages, or loss arising out of the manner or
quality of approved construction on or modifications to any Unit. In all matters, Declarant, the Board, the
PIC, and any members thereof shall be defended and indemnified by the Association as provided in
RCW 64.90.405(2)(n) and in the Governing Documents.
4.7. Certificate of Approval. Any Unit Owner may request that the Reviewer issue a
certificate of approval certifying that there are no known violations on his or her Unit of this Article or the
Residential Design Guidelines. The Association shall either grant or deny such request within thirty (30)
days after receipt of a written request and may charge a reasonable administrative fee for issuing such
certificates. Issuance of such a certificate shall estop the Association from taking enforcement action
with respect to any condition as to which the Association had notice as of the date of such certificate.
Article V Maintenance and Repair
5.1. Maintenance of Units. Each Unit Owner shall maintain his or her Unit and all
landscaping and improvements on the Unit in a manner consistent with the Governing Documents, the
Community-Wide Standard, and all applicable covenants, unless such maintenance responsibility is
otherwise assumed by or assigned to the Association. A Unit Owner shall install all landscaping
surrounding all sides of the residential dwelling contained on the Unit, within six (6) months after the
initial transfer of a completed residential dwelling to a Unit Owner from Declarant or a Dealer. Each Unit
Owner shall also be responsible for maintaining and irrigating the landscaping within that portion of any
adjacent Common Area or public right-of-way lying between the Unit boundary and any wall, fence,
curb, or water's edge located on the Common Area or public right-of-way adjacent to the Unit boundary,
unless such area is maintained by the Association; provided, however, there shall be no right to remove
trees, shrubs or similar vegetation from this area without prior approval of the Association. Each Unit
14
Owner shall perform at the Owner’s expense the maintenance and upkeep of fencing, Protected Trees
(if located on a Unit), drainage swales and/or underground drain lines and catch basins installed on their
Unit, unless such components of the Units are made a part of the Common Elements maintained by the
Association.
5.2. Responsibility for Repair and Replacement. Unless otherwise specifically provided in
the Governing Documents or in other instruments creating and assigning maintenance responsibility,
responsibility for maintenance shall include, without limitation, responsibility for repair and replacement
as necessary to maintain the Unit to a level consistent with the Community-Wide Standard. Repair and
replacement may include, without limitation, improvement if necessary to comply with applicable building
codes or other regulations or if otherwise deemed appropriate, in the Board's reasonable discretion.
By virtue of taking title to a Unit, each Unit Owner covenants and agrees with all other
Owners and with the Association to carry property insurance for the full replacement cost of all insurable
improvements on his or her Unit, less a reasonable deductible. If the Association assumes responsibility
for obtaining any insurance coverage on behalf of Unit Owners, the premiums for such insurance shall
be levied as an Assessment against the benefited Unit and the Unit Owner pursuant to RCW
64.90.480(4).
Each Unit Owner further covenants and agrees that in the event of damage to or
destruction of structures on or comprising such Owner's Unit, the Owner shall proceed promptly to repair
or to reconstruct such structures in a manner consistent with the original construction or such other
plans and specifications as are approved in accordance with Article IV. The Unit Owner shall pay any
costs which are not covered by insurance proceeds.
5.3 Preservation of Protected Trees. The Unit Owners and the Association shall have
primary responsibility for the care and preservation of all Protected Trees that are planted in the Plat
Community, unless such responsibility is assumed by the Local Jurisdiction. The division of
responsibility between the Owners, the Association and the Local Jurisdiction for different aspects of the
care and preservation of the Protected Trees may be established by notations on the face of the Map, or
if there are no such notations, by Rule, instruction by Declarant, or ordinance adopted by the Local
Jurisdiction. The Unit Owners and the Association shall provide such maintenance to the Protected
Trees that is appropriate, based upon good nursery practices and requirements imposed by the Map,
Declarant or the Local Jurisdiction.
In the event that any Unit Owner or the Association fails to maintain the Protected
Trees, Declarant may elect to maintain the Protected Trees and may charge the Association and the
Unit Owners the cost of such maintenance. The obligation arising under this Section shall be a lien on
the Plat Community in favor of Declarant, which Declarant may enforce (in place of the Association) in
the manner described in Chapter 61.12 RCW.
In the event that a Unit Owner removes or alters inappropriately any Protect Trees
without written permission of Declarant (until Declarant’s Bond is released or forfeited, and then the
written permission of the Association or the Local Jurisdiction, if the Local Jurisdiction assumes
responsibility for the Protected Trees, shall be required), the removal shall be a breach of the Unit
Owner’s duties described this Declaration. Declarant (until Declarant’s Bond is released in full without
claim, and then the Association or the Local Jurisdiction), may bring an action to restrain the removal of
any Protected Trees, or for damages arising from such removal, including, without limitation, such
additional damages, treble damages, attorney’s fees, litigation expenses and costs that are available
under this Declaration or state law.
15
Declarant’s rights and duties described herein shall cease and automatically terminate
upon (a) release in full, without claims, and delivery to Declarant of Declarant’s Bond, (b) recovery of
compensation by Declarant for all sums deducted from the Bond, or (c) a date six (6) years from the
date of any Bond forfeiture, whichever event occurs first. After Declarant’s performance and
maintenance Bonds are released or forfeited, and Declarant has received the full exoneration of the
Bond without claims, or compensation for any payments made from the Bond, the Association may
apply to the Local Jurisdiction or its successor for approval to terminate or amend the restrictions
imposed upon the removal or alteration of Protected Trees. Such application may be made if a majority
of the Unit Owners approve of the Association’s application for termination or alteration of the Protected
Trees restrictions. Upon written notification from the Local Jurisdiction of the termination or alteration of
the restrictions upon Protected Trees contained herein, the Association shall cause a copy of the notice
to be Recorded. Upon Recordation of such notice, the provisions of this Section related to Protected
Trees shall terminate or be amended in the manner described in the notice.
5.4. Remedies for Failure to Maintain. If any Unit Owner shall fail to conduct maintenance
as required by this Article, or to otherwise maintain the Unit in the same condition as a reasonably
prudent homeowner or in a manner which preserves the drainage for other Units, the Association shall
notify the Unit Owner in writing of the maintenance required. If the maintenance is not performed within
thirty (30) days of the date notice is delivered, the Association shall have the right to enter upon the Unit
and provide such maintenance, and to levy an Assessment against the non-performing Unit Owner and
Unit for the cost of providing the maintenance pursuant to RCW 64.90.480(4). The Assessment shall
constitute a lien against the Unit owned by the non-performing Unit Owner and may be collected and
foreclosed in the same manner as any other delinquent Assessment. In the event that emergency
repairs are needed to correct a condition on a Unit which poses a substantial risk of injury or significant
property damage to others, the Association may immediately perform such repairs as may be necessary
after the Association has attempted to give notice to the non-performing Unit Owner of the repairs
necessary. Emergency repairs performed by the Association, if not paid for by the non-performing Unit
Owner, may be collected by the Association in the manner provided for herein notwithstanding the
failure of the Association to give the non-performing Owner the thirty (30) day notice.
Article VI Association Powers and Responsibilities
6.1. Acceptance and Control of Association Property. The Association, through action of its
Board, may acquire, hold, and dispose of tangible and intangible personal property and real property.
Declarant and Declarant’s designees may convey to the Association personal property and fee title,
leasehold or other property interests in any real property. The Association shall accept and maintain
such property at its expense for the benefit of the Unit Owners, subject to any restrictions set forth in the
deed or other instrument transferring such property to the Association and any obligations or conditions
appurtenant to such property. Upon Declarant's written request, the Association shall re-convey to
Declarant any unimproved portions of the Plat Community originally conveyed by Declarant to the
Association for no consideration, to the extent conveyed by Declarant in error or needed by Declarant to
make minor adjustments in property lines.
6.2. Maintenance of Common Elements. The Association shall maintain the Common
Elements as defined in RCW 64.90.010(7), which for the purpose of this Declaration also include,
without limitation:
(a) The Common Elements identified on the Map, and any landscaping and
Protected Trees located thereon;
16
(b) The entry features and landscaping (whether placed on land owned by the
Association, or in the easements created for the Association’s benefit);
(c) The irrigation facilities, storm water facilities, streets, sidewalks, street lighting,
parking areas, transit shelters, trails, ponds, streams, wetlands, recreational amenities and any
community center, signage, open spaces, wetlands, natural preserve areas and conservation areas,
sensitive areas, and buffers located in the Plat Community that are not maintained by the Local
Jurisdiction, including, without limitation, improvements and equipment installed therein or used in
connection therewith;
(d) Planter strips, medians, Protected Trees, planting areas within cul-de-sacs,
and the fence (or solid coniferous landscaping);
(e) mailbox and mailbox shelters (which may not be moved or physically altered
without approval of the PIC, the U.S. Postal Service and the Local Jurisdiction);
(f) such improvements included within or outside the Common Elements as may
be described in this Declaration or its Exhibits, described in any Recorded document, or contained in
any contract or agreement for maintenance entered into by Declarant or the Association.
The Association shall use commercially-reasonable efforts to maintain the Common
Elements in a manner consistent with the Community-Wide Standard. The Association may maintain
other property which it does not own, including, without limitation, Units and property dedicated to the
public, if the Board determines that such maintenance is necessary or desirable to maintain the
Community-Wide Standard. The Association shall not be liable for any damage or injury occurring on, or
arising out of the condition of, property which it does not own except to the extent that it has been
negligent in the performance of its maintenance responsibilities.
6.3. Indemnification of Officers, Directors, and Others. To the fullest extent permitted by
Washington law, the Association shall indemnify every officer, director, volunteer and committee
member of the Association against all damages and expenses, including, without limitation, counsel
fees, reasonably incurred in connection with any action, suit, or other proceeding (including, without
limitation, settlement of any suit or proceeding, if approved by the then Board of Directors) to which he
or she may be a party by reason of being or having been an officer, director, or committee member.
The officers, directors, and committee members shall not be liable for any mistake of
judgment, negligent or otherwise, except for their own individual willful misfeasance, malfeasance,
misconduct, or bad faith. The officers and directors shall have no personal liability with respect to any
contract or other commitment made or action taken in good faith on behalf of the Association (except to
the extent that such officers or directors may also be Unit Owners). The Association shall indemnify and
forever hold each such officer, director, and committee member harmless from any and all liability to
others on account of any such contract, commitment, or action. This right to indemnification shall not be
exclusive of any other rights to which any present or former officer, director, or committee member may
be entitled. The Association shall, as a Common Expense, maintain adequate general liability and
officers' and directors' liability insurance to fund this obligation, if such insurance is reasonably available.
6.4. Security. The Association may, but shall not be obligated to, maintain or support
certain activities within the Plat Community designed to make the Plat Community safer than it otherwise
might be. Neither the Association nor Declarant shall in any way be considered insurers or guarantors of
security within the Plat Community, nor shall either be held liable for any loss or damage by reason of
17
failure to provide adequate security or ineffectiveness of security measures undertaken. No
representation or warranty is made that any systems or measures, including, without limitation, any
mechanism or system for limiting access to the Plat Community, cannot be compromised or
circumvented, nor that any such systems or security measures undertaken will in all cases prevent loss
or provide the detection or protection for which the system is designed or intended. Each Unit Owner
acknowledges, understands, and covenants to inform its tenants and all occupants of its Unit that the
Association, its Board and committees, and Declarant are not insurers and that each Person entering
the Plat Community assumes all risks of personal injury and loss or damage to property, including,
without limitation, Units and the contents of Units, resulting from acts of third parties.
6.5. Effect of Dissolution of Association. In the event that the Association is dissolved and is no
longer authorized to do business as a non-profit corporation, the rights and duties of the Association
(including, but not limited to, all ownership interest in the Common Elements) shall vest in the Unit Owners,
as an unincorporated association. Any Unit Owner or any holder of a Security Interest may reinstate the
Association’s corporate status, or create a successor entity as a successor to the Association, at any time by
filing with the State of Washington such documents as required by law to reinstate the Association or create
its successor, and upon such reinstatement, the Unit Owners’ rights and duties, as described in this
Declaration, shall re-vest in the reinstated or successor Association, and all Unit Owners shall be members
thereof with all rights to vote provided by law and the Governing Documents of the entity. To the greatest
extent possible, any successor entity shall be governed by the Governing Documents of the Association
as if they had been made to constitute the governing documents of the successor entity.
6.6. Provision of Services. The Association may provide or provide for services and
facilities for the Unit Owners, their guests, lessees, and invitees, and shall be authorized to enter into
and terminate contracts or agreements with other entities, including, without limitation, Declarant, to
provide such services and facilities. The Board may charge use and consumption fees for such services
and facilities. By way of example and not limitation, some services and facilities which might be offered
include landscape maintenance, pest control service, cable television service, internet service, security,
caretaker, transportation, fire protection, utilities, and similar services and facilities. Nothing herein shall
be construed as a representation by Declarant or the Association as to what, if any, services shall be
provided. In addition, the Board shall be permitted to modify or cancel existing services provided, in its
discretion, unless otherwise required by the Governing Documents. No Owner shall be exempt from the
obligation to pay for such services, if provided to all Unit Owners as a Common Expense, based upon
non-use or any other reason.
6.7. Relations with Other Properties. The Association may enter into contractual
agreements or covenants to share costs with other associations, properties or facilities for maintaining
and/or operating shared or mutually beneficial properties or facilities.
6.8. Facilities and Services Open to the Public. Certain facilities and areas within the Plat
Community may be open for use and enjoyment of the public. Such facilities and areas may include, by
way of example and not limitation: greenbelts, trails and paths, parks, neighborhood spots conducive to
gathering and interaction, roads, sidewalks, and medians. Declarant may designate such facilities and
areas as open to the public at the time Declarant makes such facilities and areas a part of the Common
Elements or the Board may so designate at any time thereafter. Portions of the Common Elements
which are not intended to be open to the public may be posted as private property.
6.9. Permit Matters. The Plat Community may be subject to a variety of permit restrictions
and obligations which are contained in the Permits and in applicable law and are binding upon the Plat
Community and run with the land. The Association and each Unit Owner shall comply with the
restrictions and requirements of the Permits, as applicable. During initial development of the Plat
18
Community, Declarant shall implement, maintain, and enforce the programs and requirements of the
Permits. Declarant shall have the right, but not the obligation, to delegate or assign certain
responsibilities to the Association or any committee, and the Association or such committee shall have
the obligation to accept and fulfill such delegation or assignment of such obligations. The cost of such
activities shall be a Common Expense if the activity is associated with the Common Elements and for
the general benefit of all of the community. In the performance of its responsibilities, the Association
shall follow the standards and requirements of the Permits and applicable law. The Association shall
comply with the design guidelines and maintenance standards referenced in the Permits, particularly in
the use and preservation of native vegetation and landscaping, in the performance of its responsibilities
under this Declaration.
6.10. Relationship with Tax-Exempt Organizations. Declarant or the Association may create,
enter into agreements or contracts with, or grant exclusive and/or non-exclusive easements over
portions of the Common Elements to, non-profit, tax-exempt organizations, the operation of which
confers some benefit upon the Plat Community, the Association, the Unit Owners, or occupants of Units.
If established by Declarant or the Association, the Association shall be responsible to fund the minimum
organization expenses of maintaining such entity and may contribute money, real or personal property,
or services to such entity. Such expenses and any such contributions shall be a Common Expense. For
purposes of this Section, a "tax-exempt organization" shall mean an entity which is exempt from federal
income taxes under the Internal Revenue Code ("Code"), such as, but not limited to, entities which are
exempt from federal income taxes under Sections 501(c)(3) or 501(c)(4), as the Code may be amended
from time to time.
Article VII Association Finances
7.1. Budgeting and Assessments. At least sixty (60) days before the beginning of each
fiscal year, the Board shall prepare a budget of the estimated Common Expenses for the coming year.
The budget must include, without limitation, the projected income of the Association by category, the
projected Common Expenses and those Specially Allocated Expenses that are subject to being
budgeted, both by category, the amount of the Assessments per Unit and the date the Assessments are
due, the current amount of regular Assessments budgeted for contribution to the reserve account, a
statement of whether the Association has a reserve study that meets the requirements of RCW
64.90.550 and, if so, the extent to which the budget meets or deviates from the recommendations of that
reserve study, and the current deficiency or surplus in reserve funding expressed on a per Unit basis,
including any contributions to be made to a reserve fund. The budget may include, without limitation, any
surplus to be applied from prior years, any income expected from sources other than Assessments
levied against the Units, and the amount to be generated through the levy of Assessments against the
Units. Any such subsidy shall be disclosed as a line item in the income portion of the budget. Payment
of such subsidy in any year shall not obligate Declarant to continue payment of such subsidy in future
years, unless otherwise provided in a written agreement between the Association and Declarant.
Within thirty (30) days after the adoption of a final budget by the Board, the Board shall
send to each Owner a copy of the final budget, notice of the amount of the Assessment to be levied
pursuant to such budget, and notice of a meeting to consider ratification of the budget, not less than
fourteen (14) nor more than fifty (50) days after providing the budget. Unless at that meeting the Owners
to which a majority of the votes in the Association are allocated reject the budget, the budget is ratified,
whether or not a quorum is present. In the event the proposed budget is rejected or the required notice
is not given, the periodic budget last ratified by the Unit Owners shall be continued until such time as the
Unit Owners ratify a subsequent budget proposed by the Board. The Board may revise the budget and
adjust the Assessments from time to time during the year, subject to the notice requirements and the
right of the Unit Owners to ratify the revised budget as set forth above.
19
7.2. Budgeting for Reserves. The Board shall prepare and periodically review a reserve
budget for the Common Elements for which the Association maintains capital items as a Common
Expense. The budgets shall take into account the number and nature of replaceable assets, the
expected life of each asset, and the expected repair or replacement cost. The Board shall include in the
Common Expense budget adopted pursuant to Section 7.1 a capital contribution to fund reserves in an
amount sufficient to meet the projected need with respect both to amount and timing by annual
contributions over the budget period.
7.3. Specially Allocated Expenses. The following expenses of the Association shall be
allocated as stated in this Section rather than in accordance with the Allocated Interests stated on
attached Exhibit “A”:
(a) Expenses benefiting fewer than all of the Units or their Owners shall be
allocated exclusively against the Units benefited in proportion to the Allocated Interests of the benefited
Units. In particular, this means that the budget shall specially allocate all expenses that depend on
occupancy or those improvements to Units (e.g., landscaping expenses) to those Units that have been
improved with a home and sold to an Owner for occupancy.
(b) If the Association pays for any utilities provided to the Units, then the cost of
those utilities shall be allocated among the Units in proportion to the usage of each Unit, or upon any
different basis used by the utility provider in charging for those utilities, to the extent the Association is
reasonably able to determine such usage or other basis;
(c) Assessments to pay a judgment against the Association shall be made only
against those Units in the Plat Community at the time the judgment was entered, in proportion to their
Allocated Interests;
(d) To the extent any expense of the Association is caused by the willful
misconduct or gross negligence of any Owner or that Owner’s tenant, guest, invitee, or occupant, the
Association may assess that expense against the Owner, after notice and opportunity to be heard, even
if the Association maintains insurance with respect to that damage or expense; and
(e) To the extent any expense of the Association is caused by the negligence of
any Owner or that Owner’s tenant, guest, invitee, or occupant, the Association may assess that expense
against the Owner, after notice and opportunity to be heard, to the extent of the Association’s deductible
and any expenses not covered under an insurance policy issued to the Association.
7.4 Capitalization of Association. Upon closing of the first conveyance of each Unit to a
Purchaser or first occupancy of a Unit, whichever occurs first, the Association shall collect a working
capital contribution for such Unit equal to $500.
7.5. Time of Payment. Assessments shall be paid in such manner and on such dates as
the Board may establish. The Board may require advance payment of Assessments at closing of the
transfer of title to a Unit and impose special requirements for Unit Owners with a history of delinquent
payment. If the Board elects, Assessments may be paid in two (2) or more installments. Unless the
Board otherwise provides, the Assessment shall be due and payable in advance on the first day of each
fiscal year. If any Unit Owner is delinquent in paying any Assessments or other charges levied on a Unit,
the Board may require the outstanding balance on all Assessments to be paid in full immediately.
20
7.6. Association’s Right to Acquire Unit Subject to Foreclosure. When attempting to collect
Assessments by Foreclosure, the Association may bid for the Unit at a Foreclosure sale and acquire,
hold, lease, mortgage, and Convey the Unit.
7.7 Reimbursements From Local Jurisdictions – Assignment to Declarant. In the event that
the Association succeeds to the interest of Declarant in any Bond, late comers’ reimbursement, impact
fee refund or similar right to receive a refund of funds paid by Declarant pursuant to a requirement
imposed by a Local Jurisdiction related to construction of improvements at or for the benefit of the Plat
Community (“Refund”), the Association irrevocably assigns any such Refund to Declarant. Upon receipt
of notice that the Association is entitled to a Refund, the Association shall provide written notice of the
Refund to Declarant or to Declarant’s assignee if the Association has notice of such assignee. The
Association shall assign to Declarant or Declarant’s assignee all Refunds to which the Association may
become entitled, regardless of the time that may have passed since recordation of the Map and
formation of the Association.
Article VIII Changes to the Boundaries of the Plat Community
8.1. Expansion or Contraction of the Plat Community by Declarant. Declarant reserves as a
Development Right the right to add to the Plat Community all or a portion of the real property described
in Paragraph 6 of attached Exhibit A, or to withdraw any of the Units within the Plat Community that
have not been sold. Declarant shall determine if and how much real property should be added to or
withdrawn from the Plat Community, and the location of the new boundaries of the Plat Community, in
Declarant’s sole, subjective discretion. When added to the Plat Community, the additional real property
shall become subject to the provisions of this Declaration. When withdrawn from the Plat Community,
the real property withdrawn shall be released from this Declaration without further action by Declarant.
Declarant may add additional real property to the Plat Community which is not contiguous to other
portions of the Plat Community. Real property shall be added to or withdrawn from the Plat Community
by Recording a Supplemental Declaration prepared consistent with RCW 64.90.250(1). The decision to
expand or contract the size of the Plat Community shall not require the consent of any Person except
the owner of such real property to be added or withdrawn, if other than Declarant. Declarant's right to
expand or contract the Plat Community pursuant to this Section shall expire ten (10) years after this
Declaration is Recorded. Nothing in this Declaration shall be construed to require Declarant or any
successor to subject additional property to this Declaration or to develop all of the property described in
Exhibit "A" in any manner whatsoever. Every Person that acquires any interest in a Unit agrees not to
protest, challenge, or otherwise object to the development of any real property by Declarant which lies
adjacent to the Plat Community, and which could be subjected to the terms of this Declaration by
Declarant.
8.2. Additional Covenants and Easements. Declarant may subject any portion of the Plat
Community to additional covenants and easements, including, without limitation, covenants obligating
the Association to maintain and insure such property and authorizing the Association to recover its costs
through Assessments. Such additional covenants and easements may be set forth either in a
Supplemental Declaration subjecting such real property to this Declaration or in a separate
Supplemental Declaration referencing real property previously subjected to this Declaration. If the
property is owned by someone other than Declarant, then the consent of the owner shall be necessary
and shall be evidenced by their execution of the Supplemental Declaration. Any such Supplemental
Declaration may supplement, create exceptions to, or otherwise modify the terms of this Declaration as
it applies to the subject real property in order to reflect the different character and intended use of such
property.
8.3 Expansion and Contraction of the Plat Community by the Association. The Association
may also subject additional property to the provisions of this Declaration or withdraw real property by
21
amending this Declaration in the manner described in RCW 64.90.285, and Recording a Supplemental
Declaration adopted by the Unit Owners describing the real property affected. So long as Declarant
owns property subject to this Declaration or which may become subject to this Declaration in
accordance with Section 8.1, Declarant's consent to the Association’s action shall be necessary. The
Supplemental Declaration shall be written and signed by the Association, by the owner of the property
and by Declarant, if Declarant's consent is necessary.
Article IX Development Rights and Special Declarant Rights
9.1. Phased Development. Declarant reserves the right to develop the Plat Community in
phases as stated in more detail in Section 1.5 hereof.
9.2. Expand or Contract Boundaries of the Plat Community. Declarant may exercise the
Development Rights described in Article VIII of this Declaration to add or withdraw real property from the
Plat Community, dedicate property to any municipality or utility as necessary for development, or
transfer ownership of any Unit, easement, or other property still owned by Declarant that does not
interfere with the requirements of the plat approvals.
9.3. Governmental Interests. Declarant may designate sites it owns within the Plat
Community for fire, police, water, and sewer facilities, public schools and parks, and other public
facilities. Sites may be designated for use of water infiltration under the Permit. None of the Association,
the PIC, or the Unit Owners may object to the use of such sites for the designated public purposes.
9.4. Marketing and Sales Activities. To the fullest extent permitted by RCW 64.90.275,
Declarant and Dealers may construct and maintain upon portions of the Common Elements such
facilities and activities as, in Declarant's sole, subjective discretion, may be reasonably required,
convenient, or incidental to the construction or sale of Units, including, but not limited to, business
offices, signs, model units, and sales offices. Declarant and Dealers shall have easements for access to
and use of such facilities and shall not be subject to fees or rental charges. Declarant hereby reserves
for itself and all Dealers, so long as Declarant or any Dealer owns any Unit, the right to maintain in the
Plat Community such signs as in the opinion of Declarant are required, convenient or incidental to the
merchandising and sale of the Units.
9.5. Right to Complete Improvements to Plat Community. Declarant may elect, at any time
that Declarant or any Dealer owns any Unit, to construct, inspect, test, redesign, maintain, repair and
correct improvements located in the Plat Community as Declarant and Dealers deem appropriate in their
sole, subjective discretion.
9.6. Easements Granted to Declarant and Dealers. To the fullest extent permitted by RCW
64.90.280(1), Declarant and Dealers shall have an easement over and upon all of the Common
Elements and Units for the purpose of:
(a) Access to Units and Common Elements, as described in RCW 64.90.280(2),
and to utility meters, environmentally-regulated land, wetlands, bodies of water and any other
improvement or land feature for which Declarant or a Dealer may have responsibility;
(b) Performing the activities described in Section 9.5.
(c) Installing utilities and infrastructure to serve the Plat Community, walkways,
pathways and trails, drainage systems, street lights and signage on property which Declarant owns or
within public rights-of-way or easements reserved for such purpose on the Map;
22
(d) Installing, operating, maintaining, repairing and replacing telephone, cable
television, telecommunications, security, and other systems for sending and receiving data and/or other
electronic signals ("Technology Utilities"), to serve the Plat Community and each Unit, and additional
property which can be subjected to this Declarant by Declarant. Any such easement may, in Declarant’s
sole discretion, grant the exclusive right to access or use of such Technology Utilities, including, without
limitation, the portions of the systems installed on or in the Units, dwellings, and other structures
constructed on Units and Common Elements within the Plat Community;
(e) Planting, maintaining or replacing Protected Trees whether located along the
front, side or back boundary of a Unit. The easement granted herein shall extend onto a Unit for a
distance sufficient for Protected Trees (of a variety approved by the Local Jurisdiction or its successor)
to be planted, irrigated, replaced, maintained and pruned in manner consistent with good nursery
practices;
(f) Inspecting, maintaining, repairing, and replacing all other improvements which
are the responsibility of Declarant or any Dealer, as provided in this Declaration, the Map or required by
law.
Notwithstanding anything to the contrary herein, the easements granted in this Section
shall not entitle the holders to construct or install any systems, facilities, or utilities over, under or
through any existing dwelling on a Unit. Any damage to a Unit resulting from the exercise of the
foregoing easements shall promptly be repaired by, and at the expense of, the Person exercising the
easement. Exercise of the foregoing easements shall not unreasonably interfere with the use of any
Unit. Except in the event of an emergency or as provided in Section 5.4, entry into a structure on a Unit
shall be only after notice is given to the Unit's Owner and agreement is reached with the Unit Owner
regarding a reasonable time to enter the structures.
9.7 Easements Granted by Declarant to Serve Other Real Property. Declarant also
reserves the non-exclusive right and power to grant such specific easements as may be necessary, in
the sole discretion of Declarant, in connection with the orderly development of any additional property
which Declarant could subject to the terms of this Declaration, whether or not such property is made
subject to this Declaration. The location of the easement shall be subject to the approval of the owner of
the burdened property (the Association or Unit Owners, as the case may be), which approval shall not
unreasonably be withheld, delayed or conditioned.
Declarant further agrees that if the easement is exercised for permanent access to
such property and such property or any portion thereof benefiting from such easement is not made
subject to this Declaration, or any other declaration of covenants, conditions, easements and restrictions
under which an owners' association is created or provided for, Declarant or Declarant’s successors or
assigns shall enter into a reasonable agreement with the Association to share the cost of any
maintenance which the Association provides to or along any roadway providing access to such property.
The allocation of costs in any such agreement shall be based on the number of residential dwellings or
commercial units on the property served by the easement and not subject to this Declaration as a
proportion of the total number of residential dwellings within the Plat Community and on such benefited
property.
9.8 Election to Join Master Association. Declarant may elect to make the Plat Communities
subject to a Master Association as described in RCW 64.90.300.
23
9.9 Mergers. Declarant may elect to merge the Plat Communities with another Plat
Community.
9.10 Declarant Control Period.
(a) Management by Declarant-Controlled Board. Until the Transition Date defined
in Section 9.10(b), the Board shall consist of three (3) directors and Declarant shall have the right to
appoint and remove all members of the Board except as stated in this Section. Not later than sixty (60)
days after conveyance of twenty-five percent (25%) of the Units to Owners other than Declarant, at least
one (1) member and not less than twenty-five percent (25%) of the members of the Board must be
elected by Owners other than Declarant. Not later than sixty (60) days after conveyance of fifty percent
(50%) of the Units to Owners other than Declarant, not less than one-third (1/3) of the members of the
Board must be elected by Owners other than Declarant.
(b) Termination of Declarant Control. Declarant Control of the Association shall
terminate on the Transition Date. The “Transition Date” shall be no later than the earlier of (a) sixty (60)
days after conveyance of seventy-five percent (75%) of the Units to Owners other than Declarant, (b)
two (2) years after the last conveyance of a Unit or the last exercise of a Development Right to create
Units, or (c) the date on which Declarant records an amendment to this Declaration pursuant to which
Declarant voluntarily surrenders the right to further appoint and remove officers and members of the
Board. If Declarant voluntarily surrenders control pursuant to (c) above, Declarant may require that for
the duration of the period of Declarant Control, specified actions of the Association or the Board, as
described in a recorded instrument executed by Declarant, be approved by Declarant before they
become effective.
(c) Transfer of Records and Audit. Upon termination of the period of Declarant
Control, the records of the Association shall be audited as of the date of transfer by an independent
certified public accountant in accordance with generally accepted auditing standards unless the Owners,
other than Declarant, by majority vote, elect to waive the audit. The costs of the audit shall be a
Common Expense. In addition, within sixty (60) days after the termination of the period of Declarant
Control, Declarant shall deliver to the Owner-controlled Board those documents and records listed in
RCW 64.90.420. After such delivery, the Owner-controlled Board shall be solely responsible for
maintaining those documents and records and Declarant shall have no further obligation with regard to
the same. Specifically, Declarant shall have no obligation to provide additional copies of those
documents and records to the Owner-controlled Board or any other party.
(d) Management by Board of Directors. Within thirty (30) days after the Transition
Date, Declarant shall schedule a special meeting to elect directors to the Board, the number of which
are specified in the Bylaws, and a majority of whom must be Owners of Units. All Board positions shall
be open for election at such special meeting following the Transition Date. The Board may delegate all
or any portion of its administrative duties to a manager, managing agent, or officer of the Association.
The Board shall elect from among its members a President (who shall preside over meetings of the
Board and the meetings of the Association), Secretary and Treasurer, all of which officers shall have
such duties and powers as may be specified by the Board from time to time.
9.11 Design Review. Declarant may control the PIC and serve as the Reviewer, as
described in Section 4.2.
24
9.12 Attend Governance Meetings. Declarant may, over the objections of any Person,
attend any meeting of the Association and the Board, except when the Board conducts an executive
session and Declarant does not have a representative that serves as a Board member.
9.13 Access to Association Records. Declarant may, over the objections of any Person,
review the Governing Documents and all other records of the Association and the Board, to the same
extent as a Unit Owner.
9.14. Right To Approve Additional Covenants. During the period of Declarant Control, no
easement, covenant, declaration or similar instrument affecting any portion of the Plat Community shall
be Recorded without Declarant's review and written consent. Any attempted Recording without such
consent shall result in such instrument being void and of no force and effect unless subsequently
approved and Recorded by Declarant.
9.15. Right to Approve Changes in the Standards Within the Plat Community. No
amendment to or modification of any Use Restrictions or Residential Design Guidelines shall be
effective without prior notice to and the written approval of Declarant so long as Declarant owns property
subject to this Declaration or which may become subject to this Declaration in accordance with Section
8.1. Declarant reserves the right to enter into an agreement with the Unit Owner (without the consent of
any other Unit Owner) to deviate from the conditions, restrictions, limitations or agreements contained in
this Declaration. Any deviation shall be manifested in a written agreement and shall not constitute a
waiver of any such condition, restriction, limitation, or agreement as to the other Units located in the Plat
Community, and the condition, restriction, limitation or agreement waived by Declarant shall remain fully
enforceable as to all other Units.
9.16 Right to Reallocate Limited Common Elements and Shared Structures. Declarant may
change the allocation of Limited Common Elements and Shared Structures among Units owned by
Declarant and assign use of the same Limited Common Element or Shared Structure to additional Units
owned by Declarant.
9.17. Right to Notice of Design or Construction Claims. No Person shall retain an expert for
the purpose of inspecting the design or construction of any structures or improvements within the Plat
Community in connection with or in anticipation of any potential or pending claim, demand, or litigation
involving such design or construction unless Declarant and any Dealer involved in the design or
construction have been first notified in writing and given an opportunity to meet with the Unit Owner to
discuss the Unit Owner's concerns, and conduct the Declarant’s or Dealer’s own inspection.
9.18 Declarant’s Permission to Amend Declaration. No amendment of this Declaration shall
modify, alter or delete (a) any Special Declarant Rights; (b) any portion of the Arbitration Agreements in
Section 13.4 of this Declaration; (c) responsibilities of the Unit Owners, Association or Declarant
concerning the preservation of Protected Trees; or (d) Limited Common Elements or Shared Structures,
without the consent of Declarant attached to and Recorded with such amendment, regardless of
whether Declarant continues to maintain an ownership interest in any Unit or membership in the
Association.
9.19 Right to Enter Into Bulk Service Contracts. Declarant reserves the right to enter into
bulk service contracts for the provision of utility or technology services offered to all Units in the Plat
Community. In such case, the cost shall be a Common Expense of the Association and shall be a part of
the Assessments. If the service provides additional services or benefits to certain Unit Owners at their
request, such additional services or benefits shall be paid directly by the Unit Owner to the service
25
provider, or become a Specific Assessment, as appropriate and specified in the agreement with the
service provider.
9.20 Right To Transfer Development Rights. Any or all of Declarant’s special rights and
obligations set forth in this Declaration or the other Governing Documents may be transferred in whole
or in part to other Persons in the manner and with the effect described in RCW 64.90.425. The foregoing
sentence shall not preclude Declarant from permitting other Persons to exercise, on a one time or
limited basis, any right reserved to Declarant in this Declaration where Declarant does not intend to
transfer such right in its entirety.
9.21 Rights Granted by Applicable Law. Declarant is entitled to exercise any rights granted
or permitted by law to be held by a Person whose interest in the Plat Community is described in RCW
64.90.010(17).
9.22 Exercise and Termination. The Special Declarant Rights and Development Rights
reserved by Declarant may be exercised by Declarant in its sole, subjective discretion in all parts of the
Plat Community and in any additional real property added to the Plat Community pursuant to Section
8.1. To exercise any Development Right or Special Declarant Right, Declarant shall prepare, execute
and Record an amendment to this Declaration and comply with the Act. Such amendment shall require
only Declarant's signature. Except as otherwise provided in this Declaration, all Development Rights
and Special Declarant Rights shall expire ten (10) years after the recording of this Declaration; provided,
however, that Declarant may voluntarily terminate any and all such rights at any time by Recording an
amendment to this Declaration, which amendment specifies which rights are thereby terminated. Any
Development Right may be exercised with respect to different portions of the Plat Community at different
times, no assurances are made regarding the boundaries of portions of the Plat Community which may
be subjected to the exercise of a Development Right or the order in which a Development Right may be
exercised, and if a Development Right is exercised, it is not necessary that the Development Right be
exercised in all or in any other portion of the remainder of the Plat Community.
Article X Easements
10.1 Additional Easements. In addition to the easement and use rights granted to the Unit
Owners and Declarant by RCW 64.90.280 and this Declaration, the additional easements described in
this Article are also granted.
10.2. Easements for Encroachments. Declarant grants the Association and the Unit Owners
reciprocal appurtenant easements of encroachment, and for maintenance and use of encroachments,
between each Unit and any adjacent Common Area and between adjacent Units due to the unintentional
placement, settling or shifting of the improvements (including, without limitation, fences and walkways)
constructed, reconstructed, or altered thereon in accordance with the terms of this Declaration, to a
distance of not more than three (3) feet, as measured from any point on the common boundary along a
line perpendicular to such boundary. However, in no event shall an easement for encroachment exist if
such encroachment occurred due to willful and knowing conduct on the part of, or with the knowledge
and consent of, the Person claiming the benefit of such easement. Easements which arise for
encroachments shall be deemed permissive entries into adjoining land, and their creation shall not
create a claim for adverse possession of the property on which the encroachment is located.
10.3. Easements for Maintenance, Emergency, and Enforcement. In addition to the
easements granted on the face of the Map, Declarant grants to the Local Jurisdiction and the
Association easements over the Plat Community as necessary to enable the Local Jurisdiction and the
Association to fulfill its maintenance and enforcement responsibilities under applicable law and this
26
Declaration. The Association shall also have the right, but not the obligation, to enter upon any Unit for
emergency, security, and safety reasons, to perform maintenance and to inspect for the purpose of
ensuring compliance with and enforce the Governing Documents. Such right may be exercised by any
member of the Board and its duly authorized agents and assignees, and all emergency personnel in the
performance of their duties. Except in an emergency situation, entry shall only be during reasonable
hours and after notice to the Unit Owner.
Article XI Limited Common Elements
11.1. Purpose. Intentionally Deleted
11.2. Designation. Intentionally Deleted
11.3. Use by Others. Intentionally Deleted
Article XII Shared Structures
12.1. General Rules of Law to Apply. Each wall, fence, driveway, utility, sewer or similar
structure built as a part of the original construction on the Units which serves and/or separates more
than one (1) Unit and is not designated as a Common Element or Limited Common Element shall
constitute a “Shared Structure.” To the extent not inconsistent with the provisions of this Section, the
general rules of law regarding party walls, tenancy in common and liability for property damage due to
negligence or willful acts or omissions shall apply to Shared Structures. Any tract which provides access
to or is otherwise shared by more than one Unit is a Shared Structure, the maintenance and repair of
which is governed by this Declaration and this Article.
12.2. Maintenance; Damage and Destruction. The cost of reasonable repair and
maintenance of a Shared Structure shall be shared equally by the Unit Owners who make use of the
Shared Structure. If a Shared Structure is destroyed or damaged by fire or other casualty, then to the
extent that such damage is not covered by insurance and repaired out of the proceeds of insurance, any
Unit Owner who has used the structure may restore it. If other Unit Owners thereafter use the structure,
they shall contribute to the restoration cost in equal proportions. However, such contribution will not
prejudice the right to call for a larger contribution from the other users under any rule of law regarding
liability for negligent or willful acts or omissions.
12.3. Right to Contribution Runs With Land. The right of any Unit Owner to contribution from
any other Unit Owner under this Section shall be appurtenant to the land and shall pass to such Unit
Owner's successors-in-title.
12.4. Disputes. Any dispute arising concerning a Shared Structure shall be handled in
accordance with the dispute resolution provisions of this Declaration.
Article XIII Dispute Resolution and Limitation on Litigation
13.1. Dispute Resolution Methods. The provisions of this Article shall govern the resolution
of all Claims between any Bound Party. Claims, disputes and controversies shall be resolved pursuant
to the Arbitration Agreements described in Section 13.4, unless specifically exempted from the
Arbitration Agreements by Section 13.3; if exempt from the Arbitration Agreements, the Exempt Claims
may be litigated in a court of competent jurisdiction, except that Purchase Agreement Claims and
Warranty Claims (as defined below) shall be resolved in accordance with the dispute resolution
provisions of the Purchase Agreement or Warranty (both as defined below), as applicable. Before any
27
Claims are brought by the Association against any Person, the Association shall comply with the
requirements of Section 13.5.
13.2. Claims and Exempt Claims. Unless specifically identified as an Exempt Claim in this
Section, all claims or disputes arising out of or relating to (a) the interpretation, application or
enforcement of the Governing Documents; (b) the rights, obligations and duties of any Bound Party
under the Governing Documents; (c) the design or construction of improvements within the Plat
Community; (d) breach of contract; (e) negligent or intentional misrepresentations or nondisclosure in
the inducement; (f) execution or performance of any contract related to the Plat Community, including,
without limitation, the Arbitration Agreements described in this Article; (g) any alleged statutory violation;
(h) any claim of bodily injury or property damage related to the design or construction of the Units and/or
the Common Elements; and (i) any claim made under the Washington State Consumer Protection Act,
Chapter 18.86 RCW (the claims or disputes that are the subject of the foregoing clauses (a) through (i)
are collectively referred to as “Claims”), shall be subject to the provisions of Sections 13.4-13.8, which
require the Claims to be negotiated, then mediated, and then arbitrated. Unless all necessary parties
otherwise agree, the following list of exemptions (“Exempt Claims”) shall not be Claims, and shall not be
subject to the provisions of Sections 13.4-13.8 requiring negotiation, mediation and arbitration (except
that Purchase Agreement Claims and Warranty Claims shall be resolved in accordance with the dispute
resolution provisions of the Purchase Agreement or Warranty, as applicable, as further provided below):
13.2.1 any suit by the Association against any Bound Party to collect Assessments,
enforce liens, or enforce the provisions of the Governing Documents;
13.2.2 any suit by the Association to obtain equitable relief (such as, by way of
example and not limitation, a temporary restraining order, injunction, or specific performance) and such
other ancillary relief as the court may deem necessary in order to maintain the status quo and preserve
the Association's ability to enforce the provisions of Article III, Article IV and Article V;
13.2.3 any suit brought by the Association to challenge tax assessments;
13.2.4 any suit brought by the Association against any contractor or vendor arising out
of a contract for services or supplies between the Association and such contractor or vendor, except that
any claim arising from or related to alleged defects in a Unit or the Common Elements shall be resolved
in accordance with Section 13.2.12, if such claim is a Warranty Claim covered by a Warranty, or if not so
covered, such claim shall be resolved in accordance with the Claim resolution provisions in Sections
13.4-13.8;
13.2.5 counterclaims brought by the Association in proceedings instituted against the
Association, except that any counterclaim arising from or related to alleged defects in a Unit or the
Common Elements shall be resolved in accordance with Section 13.2.12, if such claim is a Warranty
Claim covered by a Warranty, or if not so covered, such counterclaim shall be resolved in accordance
with the Claim resolution provisions in Sections 13.4-13.8;
13.2.6 any suit by a Bound Party for declaratory or injunctive relief which seeks a
determination as to applicability, enforcement, clarification, or interpretation of any provisions of this
Declaration;
13.2.7 any suit between Owners, which does not include Declarant or the Association
as a party, if such suit asserts a Claim which would constitute a cause of action independent of the
Governing Documents and if the amount in controversy exceeds Ten Thousand Dollars ($10,000.00);
28
13.2.8 any suit in which any indispensable party is not a Bound Party, except that any
claim arising from or related to alleged defects in a Unit or the Common Elements shall be resolved in
accordance with Section 13.2.12, if such claim is a Warranty Claim covered by a Warranty, or if not so
covered, such claim shall be resolved in accordance with the Claim resolution provisions in Sections
13.4-13.8;
13.2.9 any suit concerning a Claim for which mandatory arbitration is prohibited by the
provisions of Chapter 64.90 RCW;
13.2.10 any suit as to which any applicable statute of limitations would expire within one
hundred eighty (180) days of giving the Notice required by Section 13.6.1, unless the party or parties
against whom the Claim is made agree to toll the statute of limitations as to such Claim for such period
as may reasonably be necessary to comply with this Article, and except that any claim arising from or
related to alleged defects in a Unit or the Common Elements shall be resolved in accordance with
Section 13.2.12, if such claim is a Warranty Claim covered by a Warranty, or if not so covered, such
claim shall be resolved in accordance with the Claim resolution provisions in Sections 13.4-13.8;
13.2.11 any claim (“Purchase Agreement Claim”) arising under or relating to an
agreement (“Purchase Agreement”) between Declarant and a Purchaser for the purchase and sale of a
Unit within the Plat Community, which Purchase Agreement Claim shall be resolved in accordance with
the dispute resolution provisions of the Purchase Agreement, except that any claim arising from or
related to alleged defects in a Unit or the Common Elements shall be resolved in accordance with
Section 13.2.12, if such claim is a Warranty Claim covered by a Warranty, or if not so covered, such
claim shall be resolved in accordance with the Claim resolution provisions in Sections 13.4-13.8; and
13.2.12 any claim (“Warranty Claim”) arising from or related to alleged defects in a Unit
or the Common Elements which are covered by an express or implied contractual warranty (“Warranty”),
including, without limitation, any Warranty supplied to a Purchaser under a Purchase Agreement
between Declarant and such Purchaser, which Warranty Claim shall be resolved in accordance with the
dispute resolution provisions of the Warranty or Purchase Agreement, as applicable.
With the consent of all parties thereto, any of the above exemptions voluntarily may be
submitted to the negotiation, mediation and arbitration provisions set forth in Sections 13.4-13.8. If the
Association seeks to litigate items 13.2.1 through 13.2.5, such litigation shall require the majority vote
of the Board of Directors. For purposes of clarity, any Purchase Agreement Claim or Warranty Claim
that is finally determined to not be subject to the dispute resolution provisions of a Purchase Agreement
or a Warranty, as applicable, shall be resolved in accordance with the negotiation, mediation and
arbitration provisions of Sections 13.4-13.8.
13.3. Bound Parties. Declarant, the Association, the Association’s officers, directors, and
committee members, all Persons subject to this Declaration, any Dealer or builder, and any Person not
otherwise subject to this Declaration who agrees to submit to this Article by contract with a Bound Party
or by stipulation shall be a “Bound Party” for the purposes of this Article XIII. A Dealer is a Bound Party if
the contract between the Dealer and a Purchaser provides for submission of disputes to this Article XIII.
13.4. Arbitration Agreements. Each Bound Party covenants and agrees to submit all Claims
to the negotiation, mediation and arbitration provisions set forth in Sections 13.4-13.8, in lieu of filing suit
in any court (collectively, the “Arbitrations Agreements”); provided, however, in no event shall a Claim be
submitted for negotiation, mediation or arbitration after the date when institution of a legal or equitable
proceeding based on the Claim would be barred by the applicable statute of limitations or statute of
29
repose. Any dispute concerning the interpretation or the enforceability of the Arbitration Agreements
described in this paragraph, including, without limitation, revocability or voidability for any cause, the
scope of arbitrable issues, and any defense based upon waiver or estoppel, shall be decided in
accordance with the Arbitration Agreements. The Arbitration Agreements shall inure to the benefit of,
and be enforceable by, Declarant and Declarant’s subcontractors, agents, vendors, suppliers, design
professionals, insurers and any other person alleged to be liable for any defect in or to any Unit or the
Common Elements, and shall be binding upon all family members and tenants of the Unit Owners and
the Association. No participation of a party in a judicial proceeding involving a matter which is arbitrable
under the Arbitration Agreements shall be deemed a waiver of the right of such party to enforce the
Arbitration Agreements. If any provision of the Arbitration Agreements shall be determined by the
arbitrator or any court to be unenforceable or to have been waived, the remaining provisions shall be
deemed to be severable therefrom and enforceable according to their terms. The fees, expenses and
costs of negotiating, mediating and/or arbitrating any Claim shall be paid in accordance with the
provisions of this Sections 13.6-13.7. Mediation and arbitration proceedings shall be conducted in the
jurisdiction where the Plat Community is located.
The parties expressly agree that the Arbitration Agreements involve and concern
interstate commerce and are governed by the Federal Arbitration Act (9 U.S.C. §1, et. seq.) to the
exclusion of any different or inconsistent state or local law, ordinance or judicial rule, and to the extent
that any state or local law, ordinance or judicial rule shall be inconsistent with any provision of the Rules
of the ADR Provider (both as defined below), the Rules shall govern the conduct of the proceeding, and
the subject Claim shall not be resolved by or in a court of law or equity.
Without limitation of any of the foregoing, Declarant, the Association and all Owners
acknowledge and agree that, by virtue of the Recording of this Declaration, the Arbitration Agreements
shall run with title to the real property subject to this Declaration and all additional phases, and shall be
binding upon all Persons having any right, title or interest in all or any portion of the real property
subject to this Declaration and their respective heirs, legal representatives, successors, successors-in-
title, and assigns, and shall be for the benefit of Declarant and all Owners of Units and Common
Elements subject to this Declaration, regardless of whether Declarant continues to maintain an
ownership interest in any Unit or membership in the Association.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BY VIRTUE OF
THE RECORDING OF THIS DECLARATION, DECLARANT, THE ASSOCIATION AND ALL
OWNERS ACKNOWLEDGE AND AGREE THAT THEY HAVE NO RIGHT, AND WAIVE ANY RIGHT,
TO (A) HAVE ANY CLAIM BE COMMENCED, HEARD OR RESOLVED AS A CLASS ACTION; (B)
ASSERT ANY CLASS ACTION OR REPRESENTATIVE ACTION CLAIMS AGAINST ANY PERSON
IN MEDIATION, ARBITRATION OR OTHERWISE, AND AGREE THAT IT IS THE EXPRESS INTENT
OF EACH OF THEM THAT CLASS ACTION AND REPRESENTATIVE ACTION PROCEDURES
NOT BE ASSERTED OR APPLIED WITH RESPECT TO ANY CLAIM; AND (C) HAVE ANY CLAIM
HEARD OR RESOLVED IN A COURT BY A JUDGE OR JURY.
13.5. Consensus for Association Litigation of Claims. Notwithstanding anything to the contrary
in this Article XIII, the Association shall not commence arbitration, judicial or administrative proceedings
to resolve a Claim without the approval of a majority of the Unit Owners. In the event the judicial or
administration proceeding is against Declarant or any former Declarant, seventy-five percent (75%) of
the total votes of the Unit Owners are required to commence such proceeding. This Section shall not be
amended unless such amendment is approved by the percentage of votes, and pursuant to the same
procedures, necessary to institute proceedings as provided above.
13.6. Mandatory Procedures for Resolution of Claims.
30
13.6.1 Notice. Any Bound Party having a Claim (whether one or more, the “Claimant”)
against any other Bound Party (whether one or more, the “Respondent”) (each, a “Party,” and
collectively, the “Parties”) shall notify each Respondent in writing (the “Notice”), stating plainly and
concisely: (a) the nature of the Claim, including, without limitation, the Persons involved and
Respondent's role in the Claim; (b) the legal basis of the Claim (including, without limitation, the specific
authority out of which the Claim arises); (c) Claimant's proposed remedy; and (d) that Claimant will meet
with Respondent to discuss in good faith ways to resolve the Claim.
13.6.2 Negotiation and Mediation. The Parties shall make every reasonable effort to
meet in person and confer for the purpose of resolving the Claim by good faith negotiation. If requested
in writing, accompanied by a copy of the Notice, the Association’s Board may appoint a representative to
assist the Parties in negotiation. If the Parties do not resolve the Claim within thirty (30) days of the date
of the Notice (or within such other period as may be agreed upon by the Parties) (“Termination of
Negotiations”), Claimant shall have thirty (30) additional days to submit the Claim to mediation with a
mediator acceptable to Respondent, or if the parties cannot agree upon the selection of a mediator
within such thirty (30) day time period, the parties shall request JAMS, Judicial Arbiter Group, Inc. or
another mutually acceptable dispute resolution service provider (as selected, the “ADR Provider”). If
Claimant does not submit the Claim to mediation within such time, or does not appear for the mediation,
Claimant shall be deemed to have waived the Claim, and Respondent shall be released and discharged
from any and all liability to Claimant on account of such Claim; provided, however, that nothing herein
shall release or discharge Respondent from any liability to any Person other than the Claimant.
Any Party who will be relying upon an expert report and/or repair estimate at the
mediation shall provide the mediator and the other Parties with a copy of such reports and/or estimates.
If one or more issues directly or indirectly relate to alleged deficiencies in design, materials or
construction, all Parties and their experts shall be allowed to inspect, document (by photograph,
videotape or otherwise) and evaluate the alleged deficiencies prior to mediation, and the Unit(s) and/or
Common Elements that are the subject of the Claim shall be made available for such purposes.
All mediation fees shall be divided equally among the Parties. Before the mediation
begins and consistent with the laws of the State of Washington, the Parties shall agree in writing to limit
the admissibility in any arbitration or court action of anything said, any admission made, and any
documents prepared in the course of the mediation.
If any Claimant commences an arbitration or court proceeding based on a Claim without
first attempting to resolve the matter through negotiation and mediation as provided herein, then, in
addition to any other rights and remedies of the Respondent provided under this Declaration, at law or in
equity, the Respondent shall have the right, at any time, to cause such proceeding to be dismissed or
set aside, and the Claimant shall pay all costs, expenses and reasonable attorneys’ fees incurred by the
Respondent to have such proceeding set aside or dismissed.
Any settlement of a Claim through mediation shall be documented in writing by the
mediator and signed by the Parties. If the Parties do not settle the Claim within thirty (30) days after
submission of the matter to the mediator, or within such time as determined by the mediator, the
mediator shall issue a notice of termination of the mediation proceedings (“Termination of Mediation”).
The Termination of Mediation notice shall set forth that the Parties are at an impasse and the date that
mediation was terminated.
13.6.3 Final and Binding Arbitration. If the Parties do not agree in writing to a
settlement of a Claim within fifteen (15) days after the Termination of Mediation, the Claimant shall have
31
fifteen (15) additional days to submit the Claim to arbitration in accordance with this Section. Within such
time period, the Claimant shall deliver to the Respondent a written notice of the intent to arbitrate the
Claim (“Notice to Arbitrate”). If not timely submitted to arbitration or if the Claimant fails to appear for the
arbitration proceeding, the Claim shall be deemed abandoned, and the Respondent shall be released
and discharged from any and all liability to Claimant arising out of such Claim; provided, however, that
nothing herein shall release or discharge the Respondent from any liability to Persons other than
Claimant. Unless otherwise agreed by the Parties, if timely submitted, the arbitration shall be conducted
in accordance with the rules specified by the ADR Provider (the “Rules”), which Rules shall include,
without limitation, and the Parties shall be bound by, the following:
13.6.3.1 The arbitration shall be conducted by a single arbitrator agreed
upon by the Parties with at least ten (10) years of experience in the subject matter of the Claim who may
be, without limitation, an attorney licensed to practice law in the State of Washington with experience in
real estate or construction law, or an expert in the construction industry (the “Arbitrator,” or if more than
one as provided below, the “Arbitrators”). If the parties cannot agree upon the selection of an Arbitrator,
the Arbitrator shall be selected by the ADR Provider in accordance with the Rules. An Arbitrator shall be
selected within the shortest possible period after delivery of the Notice to Arbitrate. Any fees due to the
ADR Provider in connection with such selection process shall be split equally by the Parties. If the
amount demanded with respect to the Claim exceeds $1,000,000, the arbitration shall be heard and
determined by three Arbitrators, unless the Parties agree on a single Arbitrator. If three Arbitrators are to
hear the Claim, the Claimant, on the one hand, and the Respondent, on the other hand, shall each
select an Arbitrator of their choice and those two Arbitrators shall agree on the selection of the third
Arbitrator.
13.6.3.2 The Arbitrator(s) shall have exclusive authority to resolve any
Claim, provided, however, such authority is limited to resolution of the Claims, and other disputes may
not be joined or consolidated with the Claim unless agreed to in writing by all Parties. The Arbitrator(s)
shall be authorized to provide all recognized remedies available at law for any cause of action, except
injunctive relief. The Arbitrator(s) shall make a determination of the Claims as soon as possible after
completion of the arbitration proceeding, and the decision of the Arbitrator(s) shall be final and binding.
To the fullest extent permitted by applicable law, no finding or stipulation of fact, no conclusion of law,
and no arbitration award in any arbitration shall be given preclusive or collateral estoppel effect with
respect to any issue or claim in any subsequent arbitration or court action, except among the Parties to
the arbitration.
13.6.3.3 Judgment upon the award rendered by the Arbitrator may be
entered in any court having jurisdiction.
13.6.3.4 All arbitrations shall be concluded, if practicable, within one
hundred eighty (180) days after the delivery of the Notice to Arbitrate.
13.7 Allocation of Costs of Resolving Claims. Except as expressly provided in this Article
XIII, each Party shall bear its own costs and expenses, including, without limitation, attorneys’ fees and
expert costs and fees, related to any Claim, and shall not be entitled to or awarded its attorneys’ fees or
costs incurred with respect to such Claim, or the mediator or Arbitrator fees, or any related
administrative fees. The fees and costs associated with mediation and/or arbitration proceedings will
depend in large part on the nature of the Claim. As such, it is not possible to estimate the fees and
costs in advance.
13.8 Enforcement of Resolution. If any Claim is resolved through negotiation, mediation or
arbitration in accordance with this Article XIII and any Party thereafter fails to abide by the terms of such
32
resolution, then any abiding or complying Party may file suit or initiate administrative proceedings to
enforce such agreement or Award without the need to again comply with the procedures set forth in
Section 13.6.
Article XIV Changes in Ownership of Units
Any Unit Owner desiring to sell or otherwise transfer title to his or her Unit shall give the Board
notice of the name and address of the Purchaser or transferee, the date of such transfer of title, and
such other information as the Board may reasonably require. Rules may be adopted governing the
timing and content of such notice. Each transferee of a Unit shall, within ten (10) days of taking title to a
Unit, confirm that the information previously provided by the transferor to the Association is complete
and accurate. The transferor shall continue to be jointly and severally responsible with the transferee for
all obligations of the Unit Owner, including, without limitation, Assessment obligations, until the date
upon which such notice is received by the Board, notwithstanding the transfer of title.
Article XV Miscellaneous Additional Provisions
Exhibit "A" is incorporated by reference, contains the legal description of the Plat Communities
and additional information applicable to the Plat Community that may be required to be included in this
Declaration by Chapter 64.90 RCW or a Local Jurisdiction. Additional provisions of this Declaration, if
attached as Exhibits, are incorporated by this reference. All of the rights, responsibilities, duties and
restrictions described in Chapter 64.90 RCW are incorporated into this Declaration as if fully set forth
herein.
Article XVI Amendments
16.1. Subsequent to Unit Conveyance. After the Conveyance of a Unit to a Person other than
Declarant, amendments to this Declaration shall be made by an instrument in writing entitled
"Amendment to Declaration" which sets forth the entire amendment. Amendments may be adopted at a
meeting of the Owners if sixty-seven percent (67%) of the Owners vote for such amendment, or without
any meeting if all Owners have been duly notified and sixty-seven percent (67%) of the Owners consent
in writing to such amendment. In all events, the amendment when adopted shall be attested by the
Secretary of the Association, who shall state whether the amendment was properly adopted, and shall
be executed by the President of the Association. Amendments once properly adopted shall be effective
upon Recording.
16.2. Prior to Unit Conveyance. Prior to the Conveyance of a Unit to a Person other than
Declarant, Declarant shall have the right to amend this Declaration by executing and Recording the
desired amendment thereto, and the Recording of such amendment shall be presumed to be valid as to
anyone relying thereon in good faith.
16.3. Corrective Amendments by Declarant. Upon thirty (30) day advance notice to the
Owners, Declarant may, without a vote of the Owners or approval by the Board, unilaterally adopt,
execute, and record a corrective amendment or supplement to this Declaration, the Map, or the other
Governing Documents to correct a mathematical mistake, an inconsistency, or a scrivener's error, or
clarify an ambiguity in the Governing Documents with respect to an objectively verifiable fact including,
without limitation, recalculating the Allocated Interests, within five (5) years after the Recording or
adoption of the Governing Document(s) containing or creating the mistake, inconsistency, error, or
ambiguity. Any such amendment or supplement may not materially reduce what the obligations of
Declarant would have been if the mistake, inconsistency, error, or ambiguity had not occurred. By way
33
of example and not limitation, Declarant’s intent with regard to this Declaration, the Map, and the other
Governing Documents is that they fully comply with all requirements of the Local Jurisdiction and, as a
result, Declarant shall have the authority to Record an amendment under this Section to make any
changes required by the Local Jurisdiction.
[Signature page follows]
34
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the date
and year first written above.
Entitle Fund Five, LLC,
a Washington limited liability company
By:
Print Name:
Title:
STATE OF WASHINGTON )
) ss.
COUNTY OF PIERCE )
This record was acknowledged before me on ____________________, 2026 by ______________________________ as ____________________ of Entitle Fund Five, LLC, a Washington limited liability company.
Notary Public in and for the State of Washington
My Commission Expires:
35
EXHIBIT "A"
INFORMATION SPECIFIC TO THE PLAT COMMUNITY
1. Legal Description of properties included in the Plat Community for Lincoln Peak:
LOT 5, BLOCK 5, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN ADDITION TO
SEATTLE, DIV. NO. 7, ACCORDING TO PLAT RECORDED IN VOLUME 16 OF PLATS, PAGE
18, KING COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON.
2. Reference to the Map:
Recording Number:
3. Units in the Plat Community and Units in Subsequent Phases:
Phase 1: 5 Units
4. Maximum number of Units that may be added to the Plat Community:
None.
5. Limited Common Elements:
None.
6. Land that may be added to the Plat Community:
None.
7. Land that may be allocated as future Limited Common Elements:
None.
8. Allocated Interests:
The common expenses of the Plat Community are allocated equally to each Unit and one vote is
allocated to each Unit.
9. Restrictions on Alienation of Units:
None.
36
EXHIBIT "B"
MAP PURSUANT TO RCW 64.90.245(14)
See attached – Plat of Lincoln Peak