HomeMy WebLinkAboutRC 20190328000335Instrument Number: 20190328000335 Document:COV Rec: $151.00 Page -
Record Date:3/28/2019 10:55 AM
King County, WA
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20190328000335
AFTER RECORDING RETURN TO: COVENANT Rea: $251D.00
3/2812019 10:55 AM
CITY OF RENTON KING COUNTY, WA
City Clerk Division
1055 South Grady Way, Suite 728 - - -- -- - - - -
Renton, WA 98057 o-
EHCIS�E R QQUiRED
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
FOR MEADOW VIEW ESTATES
Grantor: SSHI LLC, a Delaware limited liability company, dba D.R. Horton
Grantee: Meadow View Estates Owners Association
Abbr. Legal Description: LOT 4, BLOCK 2, CEDAR RIVER FIVE ACRE TRACTS, VOL. 16,
P. 52, KING COUNTY
(Full Legal on Schedule A)
Assessor's Parcel No.: 146340006007
THE PLAT FOR THIS COMMUNITY WAS FIL�D MTH HE DITOR OF KING COUNTY,
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WASHINGTON UNDER AUDITOR'S FILE NO. 2 {z6
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Instrument Number: 20190328000335 Document:COV Rec: $151.00 Page -
Record Date:3/28/2019 10:55 AM King County, WA
TABLE OF CONTENTS
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ARTICLE 1
CONSTRUCTION AND VALIDITY OF DECLARATION...................................1
ARTICLE2
DEFINITIONS....................................................................................................1
ARTICLE 3
NAME OF COMMUNITY...................................................................................6
ARTICLE 4
DESCRIPTION OF REAL ESTATE AND BUILDINGS.....................................6
ARTICLE 5
DESCRIPTION OF UNITS................................................................................6
ARTICLE 6
ALLOCATED INTERESTS................................................................................6
ARTICLE 7
COMMON ELEMENTS.....................................................................................6
ARTICLE 8
LIMITED COMMON ELEMENTS......................................................................7
ARTICLE 9
EASEMENTS....................................................................................................8
ARTICLE 10
USE RESTRICTIONS AND CONDUCT RESTRICTIONS...............................9
ARTICLE 11
MAINTENANCE, CONSTRUCTION AND ALTERATIONS ............................18
ARTICLE 12
SPECIAL DECLARANT RIGHTS....................................................................21
ARTICLE 13
OWNERS ASSOCIATION...............................................................................24
ARTICLE 14
TRANSITION TO OWNER CONTROL...........................................................27
ARTICLE 15
THE BOARD OF DIRECTORS.......................................................................30
ARTICLE 16
BUDGET AND ASSESSMENTS.....................................................................33
ARTICLE 17
LIEN AND COLLECTION OF ASSESSMENTS..............................................32
ARTICLE 18
ENFORCEMENT OF GOVERNING DOCUMENTS.......................................35
ARTICLE 19
TORT AND CONTRACT LIABILITY...............................................................36
ARTICLE20
INSURANCE...................................................................................................37
ARTICLE 21
DAMAGE AND REPAIR OF DAMAGE TO PROPERTY................................40
ARTICLE 22
CONDEMNATION...........................................................................................42
ARTICLE 23
PROCEDURES FOR SUBDIVIDING OR COMBINING UNITS......................43
ARTICLE 24
AMENDMENT OF DECLARATION, MAP, ARTICLES OR BYLAWS ............43
ARTICLE 25
TERMINATION OF COMMUNITY..................................................................45
ARTICLE26
NOTICES........................................................................................................45
ARTICLE 27
ASSIGNMENT BY DECLARANT....................................................................46
ARTICLE 28
DISPUTE RESOLUTION....................................................................-..........46
SCHEDULES:
A Description of Real Estate Subject to Declaration
B Schedule of Maintenance Responsibilities
DECLARATION -MEADOW VIEW ESTATES
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Instrument Number: 20190328000335 Document:COV Rec: $151.00 Page -
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DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
MEADOW VIEW ESTATES
ARTICLE 1 CONSTRUCTION AND VALIDITY OF DECLARATION
Section 1.1 Purpose. The Declarant has recorded this Declaration to create a single-
family residential community of the real estate described in Schedule A, to enhance the value of the
Community, to establish a system for governance of the Community, and to protect the interests of
Persons having any right, title or interest to real estate in the Community, pursuant to the CIC Act.
This Declaration shall be effective as of the date that it is recorded.
Section 1.2 Construction. The creation and operation of the Community are governed
by this Declaration, the Map and the CIC Act. In the event a provision of the Declaration is
inconsistent with a provision of the CIC Act, the provisions of the CIC Act will prevail. In the event of
a conflict between a provision of this Declaration and the Bylaws, the Declaration will prevail except
to the extent the Declaration is inconsistent with the CIC Act. An insignificant failure of the
Declaration or the Map, or any amendment thereto, to comply with the CIC Act will not, however,
invalidate the creation of the Community, nor will it make unmarketable or otherwise affect the title
to a Unit and its Common Ownership Interest.
Section 1.3 Covenant Running with Land. This Declaration shall operate as servitude
and shall bind the Declarant, the Association, all Owners and any other Persons having any right,
title or interest in the real estate subject to this Declaration, or any portion thereof, together with their
grantees, successors, heirs, executors, administrators, devisees or assigns.
Section 1.4 Severability. The provisions of this Declaration shall be independent and
severable, and the unenforceability of any one provision shall not affect the enforceability of any
other provision if the remaining provision or provisions comply with the CIC Act,
Section 1.5 Percentage of Owners or Mortclagees. For purposes of determining the
percentage of Owners, Mortgagees or voting power necessary to approve a proposed decision or
course of action where an Owner owns, or a Mortgagee holds Mortgages on, more than one Unit,
an Owner shall be deemed a separate Owner for each Unit so owned and a Mortgagee shall be
deemed a separate Mortgagee for each first Mortgage so held.
Section 1.6 Inflationary Increase in Dollar Limits. Any dollar amounts specified in this
Declaration in connection with any proposed action or decision of the Board or Association shall be
proportionately increased on July 1 of each year by the percentage change in the consumer price
index specified in Section 065(2) of the CIC Act.
ARTICLE 2 DEFINITIONS
Section 2.1 Words Defined. For the purposes of this Declaration and any amendments
hereto, the following definitions shall apply. The singular form of words includes the plural and the
plural includes the singular. Masculine, feminine and neutral pronouns are used interchangeably.
"Allocated Interests" means the Common Ownership Interest, if any, as to any Common
Elements owned in common by the Unit Owners, the Common Expense Liability and the Voting
Interest allocated to each of the Units in the Community. The formulas used to determine the
Allocated Interests are set forth in Article 6.
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"Arbitration Demand" is defined in Section 28.1.
"Architectural Control Committee" or "ACC" means any committee established or designated
by the Board for the purpose of carrying out some or all of the Board functions set forth in Article 11.
"Articles" means Articles of Incorporation for the Association.
"Assessments" means all sums chargeable by the Association against a Unit, including,
without limitation: (a) general and special assessments for Common Expenses; (b) charges and fines
imposed by the Association; (c) interest and late charges on any delinquent account; and (d) costs
of collection, including reasonable attorneys' fees, incurred by the Association in connection with the
collection of a delinquent Owner's account.
"Association" is defined in Section 13.1.
"Authorized Users" means the agents, servants, Tenants, family members, invitees, and
licensees of an Owner who are accorded rights, directly or indirectly, by that Owner to use or access
all or a portion of that Owner's Unit and its appurtenant interest in the Common Elements.
"Board" means the board of directors of the Association, as described in Article 15 and in
the Articles and the Bylaws.
"Books and Records of the Association" means the books and records that the Association
is required to maintain pursuant to Section 495 of the CIC Act.
"Bylaws" means the bylaws of the Association as they may from time to time be amended.
"CIC Act" means the Washington Uniform Common Interest Ownership Act, Chapter 277,
Laws of 2018, codified as chapter 64.90 RCW, as it may be from time to time amended.
"gy means the City of Renton, Washington.
"Common Elements" means (i) any real estate, other than a Unit, within the Community that
is owned or leased by either (A) by the Association or, (B) in common by the Unit Owners, and (ii)
any other interests in real estate for the benefit of any Unit Owners that are subject to this Declaration.
The term includes the Limited Common Elements.
"Common Expenses" means expenditures made by or financial liabilities of the Association,
including expenses related to the maintenance, repair and replacement of the Common Elements,
allocations to reserves, and expenses related to any utility services provided by or billed through the
Association to the Unit Owners. Some Common Expenses are allocated to the Units according to
the Common Expense Liability of the Unit. Other Common Expenses are Specially Allocated
Expenses.
"Common Expense Liability" means the liability for Common Expenses (other than Specially
Allocated Expenses) allocated to each Unit, as described in Article 6. The Common Expense Liability
may change if additional Units are added to the Community.
"Common Ownership Interest" means the undivided ownership interest in any Common
Elements that are owned in common by the Unit Owners, allocated to each Unit, as described in
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Article 6. The Common Ownership Interest may change if additional Units are added to the
Community.
"Community" or "Property" means the Units and Common Elements created by this
Declaration and the Map, as they may be amended.
"Community -Wide Standard" means the standard of conduct, maintenance, or other activity
generally prevailing in the Community, or the minimum standards established by the Board pursuant
to any Rules adopted by the Board, whichever is the higher standard. Declarant shall establish
initially such standard and it may contain both objective and subjective elements. The Community -
Wide Standard may evolve as development progresses and as the needs and desires within the
Community change.
"Control Termination Date" means the date that is the earlier of (i) 60 days after Conveyance
of 75% of the Units that may be created in the Community, including Units later created, to Owners
other than the Declarant or a Dealer, (ii) two years after the last Conveyance or transfer of record of
a Unit except as security for a debt, (iii) two years after any Development Right to create Units was
last exercised, or (iv) the date on which Declarant records a Record terminating all rights to appoint
or remove any director or officer of the Association or any master association or to veto or approve
a proposed action of any Board or Association.
"Conveyance" means any transfer of the ownership of a Unit, including a transfer by deed or
by real estate contract and, with respect to a Unit created from a leasehold estate, a transfer by lease
or assignment thereof. Conveyance does not mean a transfer solely as security for a debt or other
obligation.
"Dealer" means a person who, together with such persons' affiliates, owns or has a right to
acquire six or more units in the Community.
"Declarant" means SSHI LLC, a Delaware limited liability company (dba DR Horton) and its
successors and assigns.
"Declaration" means this Declaration of Covenants, Conditions, Easements and Restrictions
as it may from time to time be amended.
"Development Righ " means any right or combination of rights reserved in this Declaration,
or an amendment thereto, for the benefit of the Declarant, or its successors or assigns to: (a) add
real estate or improvements to the Community; (b) create Units, Common Elements or Limited
Common Elements within any real estate initially included or subsequently added to the Community;
(c) subdivide or combine Units or convert Units into Common Elements; (d) withdraw real estate from
the Community; or (e) reallocate Limited Common Elements with respect to Units that have not been
conveyed by the Declarant.
"Electronic Transmission" or "electronically transmitted" means any electronic
communication (a) not directly involving the physical transfer of a Record in a Tangible Medium and
(b) that may be retained, retrieved, and reviewed by the sender and the recipient of the
communication, and that may be directly reproduced in a Tangible Medium bya sender and recipient.
"Eli4ible Mortgagee" means an "eligible mortgagee" as defined in the CIC Act.
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"Entry Monuments" means any entry monuments, signs, landscaping, lighting and other
improvements, including water and electricity, installed by the Declarant or Association to mark an
entry to the Community.
"Fannie Mae" means the Federal National Mortgage Association, a federally chartered
corporation.
"Fence Requirements" shall mean the requirements for fences as provided herein, as well
as any requirements included within the Rules adopted by the Board.
"Fire Lanes" means any areas within any public right-of-way, easement or on private property
that is designated for the use, travel and parking of fire trucks and other firefighting or emergency
equipment.
"Foreclosure" means a forfeiture or judicial or non -judicial foreclosure of a Mortgage or a
deed in lieu thereof.
"Freddie Mac" means the Federal Home Loan Mortgage Corporation, a federally chartered
corporation.
"Governing Documents" means this Declaration, the Map, and the Articles, Bylaws, and
Rules of the Association, as they may be amended from time to time.
"Home" means a single-family residence, and its associated improvements, located on and
within a Unit.
"HUD" means the United States Department of Housing and Urban Development.
"Limited Common Element" means a portion of the Common Elements allocated in this
Declaration, or by operation of law, for the exclusive use of one or more but fewer than all of the
Units.
"Managing Agent" means the Person, if any, designated by the Board under Section 15.3.
" aD" or "Plat" means the plat for the Community recorded under Auditor's File Number
Q 3S The Map includes any recorded amendments, corrections, and addenda
thereto.
"Mortgage" means a recorded mortgage, deed of trust or real estate contract.
"Mortgagee" means any holder, insurer or guarantor of a Mortgage on a Unit.
"Notice and Opportunity to Be Heard" means the procedure described in Section 15.10.
"Owner" or "Unit Owner" means the Declarant or other Person who owns a Unit, but does
not include any Person who (i) has an interest in a Unit solely as security for an obligation, monetary
or regulatory, (1i) is the beneficiary of rights under easements and/or covenants granted by an Owner,
or (iii) is an Authorized User.
"Person" means a natural person, corporation, partnership, limited partnership, trust,
governmental agency or other legal entity.
DECLARATION --MEADOW VIEW ESTATES PAGE -4-
Instrument Number: 20190328000335 Document:COV Rec: $151.00 Page -
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"Qualified Financial Institution" means a bank, savings association, or credit union whose
deposits are insured by the federal government.
"RCW" means Revised Code of Washington.
"Record", when used as a noun, means information inscribed on a Tangible Medium or
contained in an Electronic Transmission.
"Rules" means the rules or regulations adopted by the Association, as they may be amended
from time to time.
"Special Declarant Rights" means all rights identified in ARTICLE 12 , together with any right
or combination of rights reserved in this Declaration for the benefit of the Declarant to: (a) complete
improvements indicated on the Map, described in the Declaration or the public offering statements;
(b) exercise any Development Rights; (c) maintain sales offices, management offices, signs
advertising the Community and models; (d) use easements through the Common Elements for the
purpose of making improvements within the Community or within real estate that may be added to
the Community; (e) make the Community subject to a master association; (f) merge or consolidate
the Community with any other community of the same type; (g) appoint or remove any director or
officer of the Association or any master association, or veto or approve a proposed action of any
Board or Association; (h) control any construction, design review, or aesthetic standards committee
or process; (i) attend meetings of the Units Owners and, except during an executive session, the
Board; or Q) have access to the records of the Association to the same extent as a Unit Owner.
"Specially Allocated Expenses" means those Common Expenses described in Section 16.6
of this Declaration.
"Street" shall mean any public or private road, drive lane or driveway lane (if located in a
public right of way or Common Elements), alley, orsimilar place or other thoroughfare either as shown
on the Map or Plat of the Property, however designated, or as so used as a part of the Common
Elements; but not any access -way designated on the Map or otherwise as a Limited Common
Element for the private use between specific Owners.
"Street Landscaping" means the street trees, grass, landscaping and vegetation (as
applicable) located within or along the streets in the Community.
"Street Lighting" means the lighting for streets within or adjacent to the Community.
"Structure" means any improvement on any Unit, including without limitation, any Home,
building, garage, carport, porch, shed, greenhouse, deck, pool, pool cover, curbing, fence, wall,
rockery, antenna, dish or other receiving device.
"Tangible Medium" means a writing, copy of a writing, facsimile, or a physical reproduction,
each on paper or on other tangible material.
"Tenant" means an occupant of Unit other than the Unit Owner, or its personal guests, family
members, care givers or roommates. The term includes renters, lessees, tenants and subtenants.
"Tract" means Tract 999 as identified on the Map.
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"Transition Date" means the date that is (i) 30 days after the Control Termination Date, or (ii)
in the absence of a Special Declarant Right to appoint or remove directors and officers or veto or
approve Board or Association actions, 60 days after the Conveyance of 75% of the Units that may
be created to Unit Owners other than a Declarant.
"Transition Meeting":means the Association meeting called after the Transition Date to elect
a new Board pursuant to Section 415(4) of the CIC Act.
"Unit" means a physical portion of the Community designated for separate ownership, the
boundaries of which are shown on the Map, as amended. Each lot shown on the Map, as such Map
may be amended, is a Unit.
"VA" means the United States Veterans Administration.
"Voting Interest" means the proportionate number of votes in the Association allocated to
each Unit, as described in Section 6.4. The Voting Interest may change if additional Units are added
to the Community.
"Yard" means the outdoor area within the Unit and includes any fences installed by Declarant
or an Owner therein.
Section 2.2 Statutory Definitions. Some of the terms defined above are also defined in
the CIC Act. The definitions in the Declaration are not intended to limit -or contradict the definitions
in the CIC Act. If there is any inconsistency or conflict, the definition in the CIC Act will prevail.
ARTICLE 3 NAME OF COMMUNITY
The name of the Community is Meadow View Estates, The Community is a plat community,
as that term is defined in the CIC Act.
ARTICLE 4 DESCRIPTION OF REAL ESTATE AND BUILDINGS
Section 4.1 Description of Real Estate. The real estate subject to this Declaration is
described in Schedule A. as such Schedule may be amended consistent with this Declaration and
the CIC Act.
ARTICLE 5 DESCRIPTION OF UNITS
Section 5.1 Number and Identification of Units. There are 14 Units in the Community.
The location and configuration of each Unit are shown on the Map. The Declarant has the right to
create a total of 14 Units in the Community.
ARTICLE 6 ALLOCATED INTERESTS
Section 6.1 Allocated Interests.
6.1.1 This Declaration allocates certain interests in the Community to each
Unit. Those interests are: a Common Ownership Interest, a Common Expense Liability and a
Voting Interest. The formula used for allocating these interests are set forth in Section 6.2. The
allocation of these interests to each Unit can only be changed as provided in this Declaration.
The Allocated Interests and the title to a Unit may not be separated or separately conveyed,
DECLARATION -MEADOW VIEW ESTATES PAGE -6-
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whether voluntarily or involuntarily, except in conformity with this Declaration. The Allocated
Interests shall be deemed to be conveyed with the Unit to which they are allocated even though
the description in the instrument of Conveyance may refer only to the title to the Unit.
6.1.2 The Declarant shall have the right to recalculate the Allocated
Interests and amend the Declaration and the Map if the Allocated Interests are incorrect for
any reason, including changes in the data used to calculate the Allocated Interests, changes
in Unit boundaries, the combination or subdivision of Units, or clerical errors in the Map or
Declaration.
Section 6.2 Common Ownership Interest. The Common Ownership Interest of each
Unit is equal to the fraction, the numerator of which is the Unit, and the denominator of which is the
total number of Units in the Community. The formula for allocating the Common Ownership Interests
is: equally among the Units.
Section 6.3 Common Expense Liability. The Common Expense Liability of each Unit is
equal to the fraction, the numerator of which is the Unit, and the denominator of which is the total
number of Units in the Community. Except for Specially Allocated Expenses, the Common Expenses
are allocated to the Units according to the Common Expense Liability, the formula for which is:
equally among the Units. Specially Allocated Expenses are allocated according to Section 16.6.
Section 6.4 Voting Interest. The Voting Interest of each Unit is equal to the fraction, the
numerator of which is the Unit, and the denominator of which is the total number of Units in the
Community. The formula for allocating votes to the Units is: equally among the Units.
ARTICLE 7 COMMON ELEMENTS
Section 7.1 Description. The Common Elements include, without limitation, the
following portions of the Community, to the extent applicable: Tract 999, curbs, planter strips and
street lights, sidewalks, Street Landscaping, open spaces, mail kiosks, storm water detention pond
and treatment facilities, and common utility systems. The Declarant may add or subtract from the
Common Elements during the Development Period by amendment to this Declaration. If the
Common Elements shown on the Map are different from those described herein, the Common
Elements described on such Map shall be deemed to be the Common Elements unless this
Declaration has been amended or modified and states that such amendment or modification changes
the Common Elements shown on the Map. The portions of the storm drainage, sanitary sewer,
electricity, gas, telephone and cable utility systems that are located outside of the Homes are also
Common Elements, even if otherwise located within a Unit.
Section 7.2 Use of Common Elements. Except as otherwise stated in this Declaration,
no Owner may alter any Common Element or construct or remove anything in or from any Common
Element except with the prior written consent of the Board. The right to use the Common Elements,
including the Limited Common Elements, shall be governed by the provisions of the CIC Act and the
Governing Documents,
Section 7.3 Tract 999. Tract 999 is a private storm drainage tract for the benefit of all
Units. Each Owner will have an equal and undivided ownership interest in Tract 999. Until any
portion of maintenance responsibility is formally accepted by the City of Renton, the Association will
be responsible for maintenance, repair, and replacement of Tract 999 and any improvements
contained therein. However, should the Association fail to property maintain Tract 999, then the
Owners shall all be equally responsible for the maintenance of Tract 999. The Association shall
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obtain any required permits from the City of Renton prior to activities disturbing Tract 999 such as
clearing and grading, filling, piping, cutting or removing vegetation (except for routine landscape
maintenance such as lawn mowing or plant replacement within the two-year maintenance bond
period). An easement is granted on the face of the plat to the City of Renton, over, under, through
and across Tract 999 for the purpose of conveying, storing, managing and facilitating storm and
surface water per the approved civil construction plans (No. C-17002646) on file with the City of
Renton. The City of Renton has the right to enter said easement for the puspose of inspecting,
operating, maintaining, improveing, and repairing its facilities contained therein. Only the chain link
fence, lanscaping within the fencing perimeter, flow control, water quality treatment, and storm water
conveyance will be considered for formal acceptance and maintenance by the City upon completion
of a two-year maintenance bond period and upon correction of any maintenance and defects
identified in the final inspection by the City.
Section 7.4 Intentionally Deleted.
Section 7.5 Conveyance or Encumbrance of Common Elements. Any conveyance,
encumbrance, judicial sale or other transfer (voluntary or involuntary) by a Unit Owner of its interest
in the Common Elements shall be void unless the Unit to which that interest is allocated is also
transferred. The Association may not convey or subject to a security interest any portion of the
Common Elements unless Owners of Units to which at least 80% of the Voting Interests in the
Association are allocated, including 80% of the votes allocated to Units not owned by the Declarant,
agree to that action. All Owners of Units to which any Limited Common Element is allocated must,
however, agree in order to convey that Limited Common Element or subject it to a security interest.
Any agreement to convey Common Elements or subject them to a security interest must be
evidenced by the execution of an agreement, or ratifications of an agreement, in the same manner
as a deed, by the requisite number of Unit Owners. The agreement must specify a date after which
it will be void unless recorded before that date. The agreement and all ratifications of the agreement
must be recorded in every county in which a portion of the Community is located and will only be
effective upon recordation.
ARTICLE 8 LIMITED COMMON ELEMENTS
Section 8.1 Description and Allocation of Limited Common Elements. There are no
Limited Common Elements.
Section 8.2 Change in Status of Common Elements. Except forthe Development Rights
of the Declarant, no Common Element may be reallocated as a Limited Common Element, and no
Common Element or Limited Common Element may be incorporated into an existing Unit without the
approval of Owners of Units holding 67% of the Voting Interest in the Association, including the
Owner of the Unit to which the Limited Common Element will be allocated or incorporated. Such
reallocation or incorporation shall be reflected in an amendment to the Declaration and the Map.
Section 8.3 Reallocation Between Units. An allocation of a Limited Common Element
may not be altered without the consent of the Owners of the Units from which and to which the
Limited Common Element is allocated. Except in regard to the Development Rights of the Declarant,
a Limited Common Element may be reallocated between Units only with the approval of the Board
and by an amendment to the Declaration executed by the Owners of the Units to which the Limited
Common Element was and will be allocated. The Board shall approve the request of the Owner or
Owners under this Section 8.3 within 30 days, unless the reallocation does not comply with the CIC
Act or the Declaration. The failure of the Board to act upon a request within such period shall be
DECLARATION -MEADOW VIEW ESTATES PAGE -8-
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deemed approval thereof. The amendment shall be recorded in the names of the parties and of the
Community.
Section 8.4 Right to Use Limited Common Elements. There are no Limited Common
Elements.
ARTICLE 9 EASEMENTS
Section 9.1 Unit Owners. Subject to the Governing Documents and to the Association's
rights to regulate the use, maintenance, repair, replacement and modification of the Common
Elements, and convey or encumber the Common Elements, each Unit Owner has (i) an easement
in and through the Common Elements for access to its Units and (ii) a right to use the Common
Elements that are not Limited Common Elements for the purposes for which the Common Elements
were intended. The foregoing easement shall terminate upon the termination of this Community
pursuant to Article 25 of this Declaration.
Section 9.2 Driveway Maintenance Easements. Certain Units may have driveways that
abut or are close to the boundary line of the adjacent Unit. Each Unit that has any portion of a
driveway within one foot of the boundary line of an adjacent Unit has an easement over and across
that portion of the adjacent Unit as necessary for the maintaining, repairing or replacing the driveway
on the benefited Unit. The benefited Owner must repair any damage to the adjoining Unit and must
restore the adjoining Unit to a condition similar to that immediately before use of the adjoining Unit.
Section 9.3 Easement for Encroachments. To the extent not provided by the definition
of "Unit" in the Declaration and in the CIC Act, each Unit and all Common Elements have an
easement over all adjoining Units and Common Elements for the purpose of accommodating any
present or future encroachment overhang or intrusion of (i) eaves, bay windows, gutters,
downspouts, utility meters, vents and other similar portions of the Owner's Home, or (ii) any
encroachment caused by the construction, reconstruction or repair of the improvements, or the
natural settlement, shifting, or movement of the improvements or land. Such easements shall exist
so long as the encroachments exist or the Unit Owner has the right to cause them to be replaced,
provided, however, no valid easement shall exist if the encroachment was caused willfully by the
Owner. Such encroachments shall not be construed to affect the marketability of title to any Unit,
nor shall they alter the rights and obligations of the Owners.
Section 9.4 Association Functions Easement, The Association has such easements
throughout the Community as are necessary to perform the duties and obligations of the Association
as are set forth in the Governing Documents.
Section 9.5 Landscape Buffer Easement. The Association has a 7.5 foot landscape
buffer easement over Unit 14. Ownership and maintenance of the landscape easement area shall
be the responsibility of the Association. The Association and the Owners of all Units shall comply
with the City of Renton's screening requirements. The Owner of Unit 14 shall not alter the
landscaping within the landscape easement area without the written approval of the Association and
the City of Renton.
Section 9.6 Signaae Easement. The Association has an easement on, under, over and
across the exterior 10 feet parallel with and abutting all streets and alleys in the Community, as
provided in the Plat, in which to install and maintain street signs, directional signs, no parking signs,
other types of signs and address columns or monuments.
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Section 9.7 Easement for Entry bySecurity Patrol. If the Board contracts for security
patrol service, said service, and its employees, shall have the right to enter onto any of the Units and
the Common Element in order to carry out their duties under such security patrol agreement;
provided, however, the patrol service can enter a Unit only if it is either (1) doing so with reasonable
cause; or (ii) acting with the consent of the Owner or tenant of such Unit.
Section 9.8 Public Utility Easements. The Plat creates various easements within the
Community for the installation, maintenance, repair and replacement of utilities. No structure,
planting, or other material that may damage the utilities or interfere with the use of the easement
may be placed within these easement areas. The Owners of the Units subject to utility easements
shall not use or alter their Units in any way that would interfere with the proper operation of the storm
drainage system or other utilities located within such easement. The Association may adopt Rules
regarding use of the portions of the Units subject to these easements.
Section 9.9 Private Storm Drainage Easements. The Plat creates the following private
storm drainage easements and drainage tracts as part of the overall storm water drainage system in
the Community: (a) over the 10 feet of each Unit located parallel with and adjoining the street
frontage: (1) the easement located across Units 1 - 3 for the benefit of Units 2 - 4, which shall be the
responsibility of the Owners of Units 2 - 4 to maintain, and (2) the easement located across Units 5
- 7 for the benefit of Units 6 - 8, which shall be the responsibility of the Owners of Units 6 - 8 to
maintain; and (b) over the rear (south) 15 feet of each Unit, the easement located across Units 10 —
14 for the benefit of Units 9 - 13 which shall be the responsibility of the Owners of Units 9 - 13 to
maintain. No structure, planting, or other material that may damage the utilities or interfere with the
use of the easements may be placed within these easement areas. The Owners of the Units subject
to private storm drainage easements shall not use or alter their Units in any way that would interfere
with the proper operation of the storm drainage system. Vegetation within the easements shall be
routinely maintained and replaced as needed. The Association shall have an easement for the
maintenance, repair and replacement of any portion of the private storm drainage system. The
Association may adopt Rules regarding use of the portions of the Units subject to these easements.
Section 9.10 Private Fence, Retaining Wall and Rockery Easements. Declarant has
constructed certain rockeries, walls and fences between certain Units and Common Elements. The
intention of the Declarant is that each fence, when constructed, shall be located wholly within one
Unit or another and not on the property line between Units or Common Elements, Due to obstructions
or topography, however, a fence may not be wholly within a Unit or Common Element or immediately
adjacent to the property line. Therefore, Declarant reserves an easement on each side of each
boundary line, for the Association and each Unit Owner for the installation, maintenance, repair and
replacement of walls and fences installed by the Declarant for as long as the wall or fence exists.
The owner of such a fence shall have the right to maintain, repair and replace any portion of such
fence and shall have reasonable access over the adjoining Unit or Common Element for such
purposes. The owner of such a fence shall have reasonable access over the adjoining Unit or
Common Element for the purposes of maintaining any fence or retaining wall located on or benefitting
their Unit subject to the maintenance restriction contained in Section 11.1.1.16. Before performing
any such maintenance, repair or improvements, the Owner shall give all other Owners of the adjacent
Units reasonable advance notice (except in an emergency), and shall only enter the adjoining Unit
or Units at reasonable times and shall promptly repair any damage caused thereby and restore the
property to the condition it was in prior to the entry and shall otherwise indemnify the Association and
Owner of the adjacent Unit from any damage caused by such entry. Neither the location of any fence
or wall installed by Declarant, nor any conduct of the fence owner in maintaining the land between a
neighboring fence (or wall) and the property line shall be construed as modifying the property line.
The owner of a fence shall be responsible for keeping the fence in good condition and repair. The
Owners whose Units have or are immediately adjacent to a retaining wall or rockery shall share
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equally in the cost of maintaining, replacing and improving such retaining wall or rockery such that it
shall remain in good working order.
Section 9.11 Declarant. The Declarant has an easement through the Common Elements
as is reasonably necessary for the purpose of developing and discharging the Declarant's obligations
or exercising Special Declarant Rights, and as is necessary to conduct inspections and tests from
time to time of all or any parts of the Units or Common Elements, and to determine whether
maintenance, repairs or replacements of any such improvements are indicated. The Declarant shall
restore the affected portion of the property to substantially the condition immediately prior thereto,
and shall indemnify the Association and Owners of any affected Units from any damage resulting
therefrom.
9.11.1 Declarant Easement Regarding Plat Bonds. The Association hereby
acknowledges, and all Owners by their acceptance of a deed to any Unit acknowledge, that
the Declarant or its predecessor posted or will be required to post one or more maintenance
bonds with the City, County or other public governmental authority with jurisdiction over the
Plat (collectively the "Plat Bonds") in connection with Declarant's build out and the
maintenance of certain Common Elements, improvements, landscaping, Street trees, storm
waterldrainage facilities, and/or other items and shared facilities within and serving the
Community (all such areas and items, collectively, the "Plat Improvements"). Copies of the
Plat Bonds are on file with the City. The Association and all Owners further acknowledge
that they are or will be benefitted by use of the Plat Improvements installed under and
covered by the Plat Bonds and that Declarant will remain obligated to complete certain
maintenance and repair work under the Plat Bonds until the applicable jurisdiction releases
the Plat Bonds back to Declarant. Declarant shall be responsible for initially installing and
completing all Plat Improvements as required by the governmental authority. Thereafter, the
Association shall keep and maintain, or ensure that any responsible Owners keep and
maintain, all Plat Improvements in good condition and repair. Until such time that the City
or other governmental authority releases the last of the Plat Bonds back to Declarant,
Declarant hereby reserves for itself an easement over the Units, Common Elements and
remainder of the Property for the purpose of accessing, inspecting, maintaining, repairing
and restoring any Plat Improvement covered by a Plat Bond to the extent required by the
applicable jurisdiction holding the Plat Bond or as necessary to ensure that such Plat Bonds
will be released back to Declarant. The foregoing easement is expressly intended to survive
and to continue until all Plat Bonds are released in full. Declarant and its successors shall
use commercially reasonable efforts to exercise the foregoing easement rights in a manner
that minimizes interference with Owners and the Community, to the extent reasonably
practicable. If the Association or any Owner causes or permits damage to an item installed
under or covered by a Plat Bond or otherwise fails to maintain such an item when they had
an obligation to maintain the same under this Declaration, the Plat or other binding
instrument, and Declarant may exercise its easement rights in this paragraph to maintain,
repair or replace any aspect of a Plat Improvement installed under or covered by a Plat Bond,
then Declarant shall have the right to perform such maintenance, repair or replacement work
and to thereafter seek reimbursement for all reasonable costs incurred from the Association
or the responsible Owner. The responsible party shall reimburse Declarant for all such
reasonable costs incurred within 30 days after demand, otherwise such costs shall bear
interest at the statutory rate and Declarant shall have the right pursue collection of such
amounts through any legal means available at law or in equity. For so long as any Plat
Bonds remain in place, this paragraph may not be amended without the written consent of
Declarant. The Association (or any designated Manager), the ACC and Declarant shall have
a limited right of entry in and upon the exterior of all improvements located on any Unit for
inspection purposes, and taking whatever corrective action may be deemed necessary or
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proper, consistent with the provisions of this Declaration. However, nothing herein shall be
construed to impose an obligation upon the Association, the ACC, or Declarant to maintain
or repair any portion of any Unit or any improvement thereon which is the obligation of the
Owner to maintain as provided herein. Nothing in this Article shall in any manner limit the
right of any Owner to the exclusive occupancy and control over the improvements located
upon their Unit, provided each Owner shall permit access to such Owner's Unit and
improvements by any Person authorized by the Association, the ACC, or Declarant (including
any designated Manager) as is reasonably necessary, in case of any emergency originating
on or threatening such Unit or improvements, whether or not such Owner is present.
Section 9.12 Utility and Municipal Easements Granted by the Declarant. The Declarant
reserves the right to grant and record easements to any utility provider or municipality (i) for the
installation, construction, maintenance, repair and reconstruction of all utilities serving any portion of
the Community, including, without limitation, such utility services as water, sanitary sewer, storm
sewer, electricity, cable television, internet access and telecommunications; (ii) for access through
the Common Elements to the utility installations; and (iii) for rights of way, slopes, cuts, fills,
environmentally critical areas, native growth protection areas, public facilities or any other purpose
or improvement as may be required for the development, construction or sale of the Community, and
(iv) which shall include the 10-foot wide general public utility easement granted by all Owners of each
Unit as shown on the Plat.
Section 9.13 Easement for Maintenance. Each Owner shall havea right to enter upon
the Common Elements and the Yard of an adjacent Unit, as necessary to perform maintenance,
repair or replacement of the Owner's Unit and improvements and, if reasonably necessary, to read
utility meters. The Owner shall give the Owner of an adjacent Unit reasonable advance notice
(except in an emergency), shall only enter the adjoining Unit at reasonable times, and shall promptly
repair any damage caused thereby and restore the property to the condition it was in prior to the
entry and shall otherwise indemnify the Association and Owner of the adjacent Unit from any damage
caused by such entry.
Section 9.14
Intentionally Deleted.
Section 9.15
Intentionally Deleted.
Section 9.16
Intentionally Deleted.
Section 9.17
Intentionally Deleted.
ARTICLE 10 USE RESTRICTIONS AND CONDUCT RESTRICTIONS
Section 10.1
Use Restrictions. The following use restrictions shall apply to all Units.
10.1.1 Allowed Use. Except as otherwise expressly set forth herein, no Unit
shall be used except for residential purposes (and for social, recreational, or other
reasonable activities normally incidental to such use); provided, however, upon the written
request by an Owner, the Board may allow an Owner to conduct an "in -home business",
provided all business activities are carried on within the Home and that there are not an
unreasonable number of employees, clients, customers, tradesmen, student, suppliers, or
others that come to the Home in connection with such business, but in no event in any
number that would unduly burden the Community, its parking or create a material amount of
additional traffic through the Community, as such standards are determined by the Board in
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its sole and absolute discretion. The determination of whether or not a use is incidental to
residential uses shall be made by the Board and shall be binding on all Owners. The Units
may also be used for the purpose of operating and managing the Community. The Board
may, by Rule, specify the limits of residential use in general and also in particular cases.
Notwithstanding the foregoing, the Declarant may use any of the Units owned by Declarant
as allowed by the C1C Act or this Declaration. Notwithstanding the foregoing, to the extent
required under the CIC Act, operation of an "adult family home" on a Unit shall not be
prohibited.
10.1.2 Prohibited Uses. The Property is being developed as a residential
development. The Units may not be used for Timesharing, as defined in chapter 64.36 RCW.
The Units may not be used for hotel or transient purposes, which shall be defined as: (i)
rental for period of less than one year, (ii) rental under which occupants are provided
customary hotel services such as room service for food and beverages, maid service, the
furnishing of laundry and linen, busboy service, and similar services, or (iii) the overnight
accommodation of business invitees on a temporary or transient basis (such as a hotel,
motel or corporate suites operation). All leases, rental and other occupancy agreements for
Units shall expressly provide that they are subject in all respects to the Governing
Documents and that any failure by the tenant to comply with the terms of such documents
shall be a default under the lease. If any lease under this Section does not contain the
foregoing provisions, such provisions shall nevertheless be deemed to be part of the lease
and binding upon the Owner and all tenants shall be deemed bound by the restrictions stated
herein. All leases shall be in writing. The Association may request the names and contact
information for all tenants including family members who will occupy a Unit. If any lessee or
occupant of a Home violates or permits the violation by his/her guests and invitees of any
provisions of the Governing Documents, the Board may give notice to the lessee or occupant
of the Home and the Owner thereof to cease such. violations. If the violation is thereafter
repeated, the Board shall have the authority, following Notice and Opportunity to be Heard,
to impose a fine upon the Unit Owner in accordance with a schedule adopted by the Board
and each day that a violation persists thereafter shall be deemed a separate violation for
which the fine may be separately assessed. The Association shall have a lien against the
Owner's Unit for any fines not timely paid and any costs incurred by it in connection with
such violation, including reasonable attorneys' fees, which may be collected and foreclosed
by the Association in the same manner as Assessments as provided herein.
The Board shall have the authority to enact Rules permitting rentals in a manner that
will not violate the requirements of Fannie Mae, Freddie Mac, FHA or VA and to prohibit such
use if advisable to obtain project approval from such agencies.
10.1.3 Sinale-Family Residence. Only one (1) single-family residential
Home may be constructed or permitted to remain on a Unit.
10.1.4 Other Items. Except as expressly provided herein, no structure of a
temporary character, trailer, recreational vehicle, boat, boat trailer, panel truck, bus, camper
or camping trailer, tent, shed, shack, basement of any incomplete building, barn or other
outbuilding shall be either used or located on any Unit, or on any Street, at any time or used
as a Home either temporarily or permanently, unless permitted for temporary use during
construction/reconstruction of a Home on a Unit and such temporary structure and use are
permitted in advance by the ACC. No prefabricated buildings or structures of any nature,
specifically including mobile homes, shall be moved, placed, constructed or otherwise
located on any Unit for any period of time unless approved by the ACC in advance.
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Temporary buildings or structures allowed during construction shall be removed immediately
after construction or upon request of the ACC, whichever occurs first. Notwithstanding the
foregoing, Declarant may place construction and sales trailers on any Unit which Declarant
owns or on Common Elements. Notwithstanding the foregoing, a trailer, boat, RV, camper,
shed, recreational vehicle or other outbuilding may be located on a Unit if such item is
screened or located such that it is not visible from the Street and such item, structure,
screening and location are approved in advance by the ACC, which approval shall be in the
sole discretion of the ACC. No prior approval by the ACC shall be required if any such trailer,
boat, or recreational vehicle is located or parked entirely within the garage of the Home or
within any other structure constructed previously with the approval of the ACC.
Section 10.2 Conduct Restrictions. The following conduct restrictions shall apply to all
Owners and Authorized Users, except that they shall not apply to, or prohibit any conduct of,
Declarant as authorized by the CIC Act or the Governing Documents.
10.2.1 Roads, Sidewalks, Walkways, Etc. The roads, sidewalks and
walkways used for access shall be used exclusively for normal ingress and egress. No
obstructions shall be placed therein unless permitted by the Board or the Rules.
10.2.2 Parking. Parking is not allowed on any portion of the sidewalks,
planter strips or any other portion of the Common Elements, except in designated parking
spaces. No vehicles shall be permitted to park on the Streets within the Property for a period
exceeding twenty-four (24) hours (excluding weekends and holidays) without the priorwritten
permission of the Association. No vehicle may be parked on any Unit, except in garages
and on designated and approved driveways or parking areas, which areas shall be hard -
surfaced, unless otherwise permitted by the ACC. Any.additional parking added to a Unit
after the initial landscaping shall be hard surfaces (unless otherwise approved by the ACC
in advance) and constructed only in accordance with a site plan approved by the ACC.
Unless otherwise expressly permitted herein, only the cars of guests and visitors may be
parked on the Streets (it being the intention to keep Street parking available as much as
possible for guests and visitors). All other vehicles of Owners and Occupants shall be parked
in garages or on driveways or other approved parking areas located entirely within their Unit,
as set forth herein. Owners and Occupants shall, to the extent reasonably practicable, first
park their vehicles within available garage spaces within their Unit and then on any available
driveway or other approved external parking areas within their Unit, and then on any Street.
Notwithstanding the foregoing, if any personal or work -related vehicle of an Owner or
Occupant is oversized in nature and does not fit within the garage or on the driveway or other
parking surface upon their Unit, then the ACC may permit the parking of such over -sized
vehicle on the Streets in its reasonable discretion; provided, however, that the Owner or
Occupant must park such vehicle on a Street adjacent or as near as possible to their Unit.
In no event shall any inoperative vehicle of an Owner or Occupant be allowed to remain on
the Street for more than 48 hours (excluding weekends and holidays). No vehicle may be
parked on a Street if it interferes with or impedes the flow of traffic and use of the Street by
others or if it interferes with a Unit Owner's ability to pull out of or into their approved
driveways or parking areas. Notwithstanding anything in this Section to the contrary, no
parking shall be allowed on any area or Street where the Plat expressly restricts such parking
or where "No Parking," "Emergency Vehicle Access," "Fire Access" or similar signs or
markings are otherwise expressly posted in the Community. No commercial vehicles, motor
homes, trailers, campers, boats and other recreational vehicles may be parked on any
Common Element except on a temporary basis for loading or unloading. The Association
may direct that any vehicle or other thing improperly parked or kept on any portion of the
Common Elements be immediately removed at the risk and cost of the Owner thereof.
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10.2.3 Intentionally Deleted.
10.2.4 Parking in Unit/Garage Use Restrictions. No vehicle may be parked
in any Unit except in driveways and garages. No vehicle parked in any driveway may extend
into the streets or sidewalks of the Community or otherwise impede vehicular or pedestrian
traffic or access to any Unit. Owners should use their garages as the primary vehicle storage
and parking use, if available.
10.2.5 Regulated Vehicles. No Owner may store any trailers, boats, motor
homes, recreational vehicles, or trucks over two tons or any disabled or inoperable motor
vehicle on its Unit unless any such vehicle is completely enclosed and hidden from view
within a garage or within such other enclosure as may be allowed by the Board or the Rules.
Motor homes, trailers, campers, boats and other recreational vehicles may not be kept in
driveways or parking spaces except on a temporary basis for loading or unloading, subject
to such rules and regulations concerning parking as may be adopted by the Board. No in-
operative vehicle of any type may remain in any driveway or public road for more than 48
hours (excluding weekends and holidays). Violations of this Section 10.2.5 shall subject
such vehicles to impound, at the expense and risk of the owner thereof. The Association
may adopt rules and regulations to implement these restrictions and provide guidance to
Owners
10.2.6 Further Regulation. The Board may adopt Rules further regulating
conduct on roads, sidewalks, driveways, parking spaces and other Common Elements,
including the parking and storage of recreational vehicles, campers, boats and the like, and
safe operation of vehicles. The Board may direct that any inoperative vehicle or anything
improperly parked or kept in a parking space, or elsewhere in the Community be removed,
and if it is not removed the Board may cause it to be removed at the risk and cost of the
Owner thereof.
10.2.7 Trash and Garbage. Each Owner must store trash and garbage
inside the garage of the Home or on the side of the Home if concealed from street view by
an approved fence, and set it out for collection in such locations and receptacles as are
authorized by the Board only on designated trash collection days, or as otherwise allowed
by the Rules. Each Owner is responsible for removing from the Community all trash and
garbage generated by that Owner that is not required to be picked up by a service. The
Board may adopt such Rules pertaining to such matters as in the judgment of the Board are
necessary for the safe, sanitary and efficient operation of the Community.
10.2.8 Signs. No sign of any kind may be displayed to the public view on
or from any Unit or Common Elements without the prior consent of the Board or pursuant to
the Rules. The Board may erect on the Common Elements a master directory of Units
including Units that are for sale or lease, and may regulate the size, appearance and location
of signs advertising Units for sale or lease.
10.2.9 Pets. No animals, livestock or poultry of any kind shall be raised,
bred or kept on any Unit except dogs, cats, birds, fish or other typical household pets;
provided they are not kept, bred or maintained for commercial purposes; provided further
that no more than two (2) dogs or two (2) cats shall be allowed per Unit, excluding fish, birds
and other pets that remain caged or housed exclusively indoors; and provided further that
the Board may permit in their sole discretion a third or fourth dog/cat (for a total of 4 such
household pets) if the additional dog(s)lcat(s) are small in size and the Board determines
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that such additional pet(s) will not adversely impact or be a nuisance within the Community.
Dogs shall be restrained to the Owner's Unit and Yard and shall not be allowed to run at
large. All animals must be kept as domestic indoor pets. Leashed animals are permitted
within rights -of -way and authorized Common Elements when accompanied by their Owners.
Owners shall be responsible for cleaning up any and all of their animals' waste on the
Property, including on the respective Owner's Unit. If an Owner fails to cleanup their animals'
waste, the Association may, but shall not be obligated to, take such action as may be
necessary to clean up the animals' waste and shall have the right of entry for such purposes.
Any costs incurred by the Association in connection with such action shall be deemed to be
a Special Assessment of the Owner whose animal(s) created the waste. No animal shall be
allowed to make an unreasonable amount of noise or become a nuisance as determined by
the Board, at its sole discretion. Notwithstanding anything above, no animal that is
considered dangerous, threatening or otherwise harmful to others or that displays any such
qualities after being within the Community shall be permitted or allowed to remain within the
Community after Notice and Opportunity to Be Heard, after which the Board shall have the
right to require removal of any animal from the Unit which it finds in its sole discretion to
violate this subsection.
10.2.10 Nuisances and Intrusive Activity. No noxious or offensive activity
shall be permitted in or upon any Unit or Common Elements, nor shall anything be done
thereon which may be or may become an annoyance or nuisance to the Community. No
Owner may conduct, permit or allow any activity orthe keeping of anything in the Community
that may unreasonably interfere with the other residents' use or enjoyment of their Units or
the Common Elements; threaten the comfort, safety or security of any Owner; or be or
become a nuisance to other Owners. No use or activity that generates noise, vibration,
odors or traffic that would generally be considered unacceptable to households in a single-
family neighborhood is allowed. The Board may adopt such Rules pertaining to such matters
as in the judgment of the Board are necessary.
10.2.11 Hazardous Substances. No Owner may permit any Hazardous
Substance to be generated, processed, stored, transported, handled, or disposed of on,
under, in, or through the Owner's Unit or any portion of the Common Elements. Each Owner
must indemnify, defend, and hold harmless the other Owners and the Association from all
fines, suits, procedures, claims, and actions of any kind arising out of or in any way
connected with any spills or discharges of Hazardous Substances or wastes arising from the
operation or use of the Unit or the property by the Owner, Tenants, or invitees of the Unit.
As used herein, the term "Hazardous Substance" means any hazardous, toxic, or dangerous
substance, waste, or material which is or becomes regulated under any federal, state, or
local statute, ordinance, rule, regulation, or other law now or hereafter in effect pertaining to
environmental protection, contamination, or cleanup, including without limitation any
substance, waste, or material which now or hereafter is designated as a "Hazardous
Substance" underthe Comprehensive Environmental Response, Compensation and Liability
Act (42 U.S.C. §9601, et seg.); or under any local or state rule or regulation.
10.2.12 Conveyance by Owners; Notice Required. The right of an Owner
to transfer the Unit is not subject to any right of approval, disapproval, first refusal, or similar
restriction by the Association or the Board, or anyone acting on their behalf. An Owner
intending to convey a Unit must, however, deliver a written notice to the Board at least two
weeks before closing specifying (a) the Unit being sold; (b) the name and address of the
purchaser, the closing agent, and the title insurance company insuring the purchaser's
interest; and (c) the estimated closing date. The Board has the right to notify the purchaser,
the title insurance company, and the closing agent of the amount of unpaid Assessments
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and charges outstanding against the Unit, whether or not such information is requested.
Promptly upon the Conveyance of a Unit, the new Unit Owner must notify the Association of
(i) the date of the Conveyance; (ii) the Unit Owner's name and address; and (iii) the name
and notice address of every first Mortgagee of the Unit. The Association must notify each
insurance company that has issued an insurance policy under Article 20 of the name and
address of the new Owner and request that the new Owner be made an additional insured
under such policy.
10.2.13 Construction. No dirt, debris, or other materials shall be allowed to
come off of any Units onto any Streets, Common Elements, other Units, or other parts of the
Property as a result of any construction or other activities. All Buildings shall be of new
construction (unless the ACC approves of recycled or "decor" vintage construction materials
in advance). No previously used houses or other buildings shall be moved onto a Unit. The
Unit shall be kept clean and clear of debris during construction. No Home may be
constructed on any Unit by other than a contractor licensed as a general contractor under
the statutes of the State of Washington without the prior approval of the ACC.
10.2.14 Fences. Fences must comply with all applicable laws and
regulations and the Plat, and specifically any fence located within an easement must comply
with and is subject to the approval of the City and the utility purveyor as provided in the Plat.
All fences must comply with City of Renton requirements (and include permits for such
fences to the extent required by City code) prior to ACC submittal. Fences may be erected
on property lines, except that no fence shall be erected between the front of the house and
the Street. Nothing herein shall prevent the erection or maintenance of a necessary or
appropriate retaining wall and safety fencing on top of said wall installed by Declarant or
otherwise later approved in advance by the ACC. No fence, wall, hedge or mass planting
shall at any time extend higher than six feet (6) above the ground, except for necessary and
appropriate retaining walls or rockeries (and associated safety fencing on top of the same)
which conform to the City codes and are installed by Declarant or otherwise later approved
by the ACC in advance. With the exception of necessary or appropriate safety fencing on top
of walls, fences shall conform to any applicable Rules concerning fencing, unless otherwise
approved by the ACC. No wire fences (other than safety fencing describe above) shall be
used unless approved by the ACC. If the Plat or particular easement does not expressly
restrict such fencing, rear and side yard fences are permitted to be located within easements
created or dedicated on the face of the Plat with the prior written approval of the ACC,
provided that such fencing must not interfere with or obstruct the purpose of the easement
or any facilities therein. If such a fence or portion of a fence is ever placed within any
easements in accordance with the foregoing sentence, the Owner of said fence small be
required to temporarily remove the same at its cost if the party benefitted by such easement
requires removal to carry out activities permitted by the easement (e.g., maintenance of
utilities) or required to permanently remove the fence at its cost if such benefitted party
determines the fence unreasonably interferes with or obstructs its easement rights.
10.2.15 Lighting. All area lighting shall be designed and positioned to
ensure that the light source is not visible from any other Homes or, if visible, is angled
downward so as to adequately mitigate the effect of any light spill over onto adjacent Units
(whether or not any visible light is adequately mitigated shall be determined by the ACC in
its sole discretion for the protection of the Owners within and for the overall harmony of the
ACC). Decorative holiday lighting may be installed no more than thirty (30) days before and
shall be removed no later than thirty (30) days after the date of the holiday.
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10.2.16 Yard Art. No yard pieces or yard art (including but not limited to
sculptures, statues, and other freestanding or attached works, whether for decoration or
otherwise) that are more than twelve inches (12") tall or twelve inches (12") wide shall be
permitted outside of the Home and within view from the Street without prior written approval
of the ACC. Flags of the United States or the State of Washington are not considered yard
art hereunder and are permitted, provided, however, the Association may place reasonable
restrictions on the time, place and manner of display as permitted by federal and state law.
ARTICLE 11 MAINTENANCE, CONSTRUCTION AND ALTERATIONS
Section 11.1 Owner's Maintenance and Repair Responsibilities. Except for maintenance
and repairs to be performed by the Association under this Article 11, each Owner must, at the
Owner's sole expense, maintain, repair and replace (i) its Home and Yard, (ii) all Structures, other
improvements and landscaping on its Unit, (iii) to the extent not included in the foregoing, any
driveways, fences or walls on its Unit, (iv) that portion of the utility installations (including without
limitation power, water, gas, telephone and data lines, sanitary sewers, and storm drainage
installations) serving only their Unit, (iv) the 10 foot landscape strip along street frontage in the front
yard as shown on the approved landscape plans on file with the City of Renton, (v) the Street
Landscaping (except the trees) adjacent to their Unit, (vi) trees on their Unit as shown on the
approved landscape plans on file with the City of Renton, and (vii) for Units listed in Section 9.9, the
storm drainage facilities benefiting their Unit as described in Section 9.9. Each Owner must keep all
such items in good repair and in neat, clean and sanitary condition, in compliance with applicable
Laws, the Governing Documents and the Community -Wide Standard.
11.1.1 Grounds; Maintenance of Grounds. The entire front landscaping for
each Unit with a Home thereon shall be installed prior to occupancy in accordance with the
plan submitted to the ACC. The entire landscaping, including the remaining portions of the
side and rear yard, shall be installed within six (6) months. To the extent applicable each
Owner shall be responsible for removing the PVC pipe containing the cable connection wires
located on their Unit and either burying the cable wires or installing a landscape box and
landscaping to screen the cable connection wires and box. Nothing contained herein shall
preclude an Owner from recovering (from any person liable therefor) damages to which such
Owner might be entitled for any act or omission to act requiring an expenditure by the Owner
for the maintenance and repair of the parking area, driveway, walkway, and/or landscaping
on Owner's Unit. Such maintenance and repair of the Owner's Unit shall include, without
limitation'
11.1.1.1 Parking and Other Areas. Maintenance of all parking
areas, driveways and walkways in a clean and safe condition, including paving and repairing
or resurfacing such areas when necessary with the type of material originally installed
thereon or a substitute therefore as shall, in all respects, be equal in quality, appearance and
durability; the removal of debris and waste material and the washing and sweeping of paved
areas as required.
11.1.1.2 Lighting. Cleaning, maintaining and re-lamping of any
external lighting fixtures, except those as may be the property of any public utility or
government body.
11.1.1.3 Landscaping. Landscaping shall emphasize plantings and
other features which complement and enhance the existing character of the Community.
Maintenance of all landscaping, including the trimming, watering and fertilization of all grass,
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ground cover, shrubs or trees, removal of dead or waste materials, and replacement of any
dead or diseased grass, ground cover, shrubs or trees (except those trees located in the
Street Landscaping maintained by the City of Renton).
11.1.1.4 Drainage. Maintenance of all storm water drainage
systems, yard drains, and catch basins in their originally designed condition, and per any
governmental requirements and any conditions as provided here or on the Plat. Further, no
Owner shall take any action that would interfere with surface water drainage across his/her
Unit either through natural drainage or by drainage easements. The topographic conditions
of any Unit shall not be altered in any way that would adversely affect or obstruct the
approved and constructed storm drain system and surface flows without the written consent
of the ACC.
11.1.1.5 Hillsides and Other. Maintenance of all hillsides, slopes
and swales in their as designed and completed condition, and which shall not be changed or
interfered with without the prior written consent of the Board.
11.1.2 Remedies for Failure to Perform Owner Maintenance Obligations. If
any Owner fails to perform the maintenance and repair obligations required herein, then the
Board after fifteen (15) days' prior written notice to such delinquent Owner, shall have the
right, but not the obligation, to perform such maintenance and repair and to charge the
delinquent Owner and his/her Unit for the cost of such work together with interest thereon
from the date of the Association's advancement of funds for such work to the date of
reimbursement of the Association by Owner. If the delinquent Owner fails to reimburse the
Association for such costs within ten (10) days after demand therefore, the Association may,
at any time after such advance, record a claim of lien signed by an authorized agent of the
Association for the amount of such charge together with interest thereon and enforce the
Association lien in accordance with the provisions of this Declaration. The Association lien
and the rights to foreclose thereunder shall be in addition to all other rights and remedies
which the Board may have hereunder or in equity or at law, including any suit to recover a
money judgment for unpaid Assessments.
Section 11.2 Association's Maintenance and Repair Res onsibilitigs. The Association is
responsible for the maintenance, repair, and replacement of the Common Elements, including,
without limitation, (i) the Street Landscaping, including landscaped areas in the public right-of-way
and the landscape buffer areas around Tract 999, (ii) the Street Lighting, (iii) all Structures (if any),
and other improvements and landscaping on the Common Elements, provided, however,
maintenance and repair of any 6 foot cedar fencing, or portion thereof, bordering a Common Element
and a particular Unit shall be the responsibility of such Unit Owner in accordance with Section 11.1
above, (iv) all utility installations and storm water facilities serving the Community and not the
responsibility of an Owner or a governmental entity, and (v) fencing within the 154t' Ave NE Right of
Way until such time as the City of Renton authorizes removal of the fencing. The Association must
keep such items in good repair and in a neat, clean and sanitary condition, in compliance with
applicable Laws, the Governing Documents and the Community -wide Standard.
Section 11.3 Summary of Maintenance Responsibilities. The maintenance
responsibilities of the Owners and Association are summarized in Schedule B attached hereto. In the
event of any conflict between the text of this Article 11 and the schedule, the text shall control.
Section 11.4 Transfer of Responsibility. The Board may adopt Rules transferring
responsibility to maintain certain Limited Common Elements to the Owners if it determines that the
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Owners will regularly, properly and consistently maintain the Limited Common Elements, and that
there is little risk of damage to the Community or cost to the Association from such transfer of
maintenance responsibility. The Association may modify or revoke any such Rules if it determines
that modification or revocation is in the best interest of the Community.
Section 11.5 Construction and Alterations; Architectural Control. Although the Owners
have the responsibility for maintenance, repair and replacement of their Units, Homes and Yards as
set forth in this Article 11, the Board shall have the right to regulate any new Structures and any
alterations to existing Structures to ensure that they (i) comply with the Governing Documents and
(ii) are harmonious with the other Homes and improvements in the Community. Accordingly, except
as set forth in Governing Documents, no Owner may construct or install a new Structure or alter any
portion of an existing Structure, without the prior written approval of the Board.
11.5.1 Scope of Regulation and Authority. For the avoidance of doubt, the
authority of the Board under this Section 11.5 includes regulation of: (i) the location, size,
design and appearance of Structures, (ii) the materials and colors of exterior features and
surfaces of Structures, including siding, roofing, windows and doors, (iii) the placement and
appearance of ancillary items such as antennae, security devices, and hardscaping, and (iv)
other factors relating to compliance with the Governing Documents or harmony with the other
Homes and improvements in the Community. The Board shall not have authority to (i)
regulate the maintenance, repair or reconstruction of a Structure that does not change its
location, size or appearance, or (ii) regulate any landscaping (other than hardscaping) on a
Unit unless it alters/interferes with the plan requirements of the Community. The Board shall
have the authority to adopt Rules to implement and clarify the scope, standards and
processes under this Section 11.5 and to appoint, pursuant to the Bylaws, an architectural
control committee to exercise some or all of its authority hereunder or to advise it as to
matters hereunder.
11.5.2 particular Standards. The following standards shall apply to all
Structures and alterations of Structures in the Community.
11.5.2.1 The maximum height of any Home shall be per City of
Renton municipal code.
11.5.2.2 The City of Renton municipal code sets forth specific
requirements and restrictions governing fences. All Owners should consult with the City on
fence requirements and restrictions prior to submitting an application for ACC approval for
the installation of a fence on their Unit.
11.5.2.3 No radio, television or satellite antenna, dish or
receiving device other than a "protected antenna" (as, defined in 47 C.F.R. §1.4000, as it
may be amended) may be installed on the front of a Unit. Any receiving device shall not be
larger than 24 inches in diameter.
11.5.3 Approval Process. Subject to any Rules adopted by the Board, an
Owner desiring to construct or install any new Structures or alter any existing Structures on
its Unit must apply to the Board for approval. The Board may require the submission of plans
and specifications and other data relating to the proposal. The Board may require that plans
and specifications be prepared by a competent professional and may establish requirements
for the format and content of materials submitted to it. The Board may require evidence that
the Owner has obtained all permits necessary for the proposed work. Construction, alteration
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or repair shall not be started until written approval thereof is given by the Board. The Board
shall act promptly to process applications and render a decision. The failure of the Board to
approve a proposal within 60 days after receiving a complete application, shall be deemed
to constitute the Board's approval of the proposal.
11.5.4 Declarant Exempt. The Declarant (including any successor in
interest to Declarant's status as Declarant) shall not be subject to the restrictions of this
Section 11.5. Declarant reserves the right to exempt any Dealer to whom Declarant conveys
Units from the restrictions of this Section 11.5.
Section 11.6 Construction Work — Common Elements. Except as otherwise allowed by
the Governing Documents, or the Board, no owner may alter any portion of the Common Elements.
Section 11.7 Landscaping. The Board may require, at the Owner's expense, the
trimming, topping or, removal of any tree, hedge or shrub on an Owner's Unit that it determines is
interfering with travel on roads, sidewalks or trails in the Community, or presents a safety hazard
related to the Common Elements.
Section 11.8 Declarant Inspections. Until the expiration of all warranties given by the
Declarant and the time period for filing any claims against the Declarant, the Declarant shall have
the right, but not the obligation, to conduct inspections and tests from time to time of all or any parts
of the Common Elements, including the Limited Common Elements, in order to ascertain the physical
condition of the improvements in the Community and to determine whether maintenance, repairs or
replacements of any such improvements are indicated. The Declarant shall pay all costs of such
inspections and tests and restore the affected portion of the property to its condition immediately
priorthereto, and shall indemnify the Association and Owners of any affected Units from any damage
resulting therefrom. The Declarant shall have such rights of entry on, over, under, across and
through the property as may be reasonably necessary to exercise the rights described in this Section
11.8.
ARTICLE 12 SPECIAL DECLARANT RIGHTS
Section 12.1 Declarant's Right to Complete Improvements. The Declarant and its agents,
employees and contractors have the right to complete any improvements and otherwise perform
work that is authorized by the Declaration, indicated on the Map, authorized by building permits,
provided for under any purchase and sale agreement, necessary to satisfy any express or implied
warranty, or otherwise authorized or required by law. The Declarant also has the right to make any
modifications, improvements or changes to the Common Elements as the Declarant determines are
appropriate to increase the appeal of the Community to potential buyers, to correct problems in the
design or construction of the Community, or for the benefit of one or more Units. In conjunction with
the foregoing rights, until construction of the Community is completed, the Declarant shall have the
right to use any unassigned parking spaces and any portion of any garage or parking lot for staging,
storage, parking and other construction -related purposes. The foregoing rights shall terminate seven
years from the date this Declaration is recorded.
Section 12.2 Declarant's Right to Maintain Sales Facilities. The Declarant, its agents and
its employees have the right to install and maintain in any Units owned by the Declarant and in any
of the Common Elements any facilities that the Declarant deems necessary or convenient to the
construction, marketing, sale or rental of Units. These facilities may include but are not limited to
business offices, management offices, sales offices, construction offices, storage areas, signs,
model units and parking areas for Declarant and its employees, agents and contractors, and
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prospective Tenants or purchasers and their agents. The Declarant may install and maintain as
many of such facilities as it deems necessary or convenient in such locations as it deems necessary
or convenient. The Declarant may relocate such facilities as it determines is appropriate in its sole
discretion. The right to install and maintain such facilities will expire when the Declarant ceases to
be a Unit Owner and has no further Development Rights in the Community (including no more right
to add property to, or create additional Units in, the Community). The Declarant will have a
reasonable time, but in no event less than 60 days after such expiration, to remove any such facilities
from the Community.
Section 12.3 Declarant's Right to Use Easements. The Declarant and its agents,
employees and contractors have an easement over, across, under and through the Common
Elements of the Community as reasonably necessary for the purpose of completing construction,
exhibiting and preparing Units for sale, making repairs required pursuant to any contract of sale,
discharging the Declarant's obligations, or exercising Special Declarant Rights within the Community
or within any real estate that may be added to the Community. The foregoing rights shall terminate
seven years from the date this Declaration is recorded
Section 12.4 Intentionally Deleted.
Section 12.5 Intentionally Deleted
Section 12.6 Declarant's Right to Appoint, Remove and Veto. Until the Control
Termination Date, the Declarant shall have the right to appoint and remove all officers and members
of the Board. Notwithstanding the foregoing, not later than 60 days after Conveyance of 25% of the
Units that may be created to Owners other than the Declarant, at least one member and not less
than 25% of the members of the Board must be elected by Owners other than the Declarant; and not
later than 60 days after Conveyance of 50% of the Units that may be created to Owners other than
the Declarant, not less than one-third of the members of the Board must be elected by Owners other
than the Declarant. The Declarant may at any time voluntarily terminate its right to appoint and
remove officers and members of the Board by recording an amendment to the Declaration
surrendering such right. If the Declarant does so, it may, for the duration of the period ending on the
Control Termination Date, retain the right to veto or approve proposed actions of the Association or
Board before they become effective. To exercise this right, the Declarant must execute and record
an instrument that specifies the proposed actions that may be vetoed or approved by the Declarant.
The foregoing rights shall terminate on the Control Termination Date.
Section 12.7 Declarant's Right to Control Architectural Committees. Until the Declarant
no longer owns any Unit in the Community and no longer has a Development Right to create any
Units in the Community or real estate added to the Community, the Declarant has the right to appoint
and remove all officers and members of any construction, design review or aesthetic standards
committee of the Association. In addition, during the period set forth in this Section 12.7, the
Declarant shall have the right to control any construction, design review or aesthetic standards review
or approval process. The Declarant may voluntarily terminate its right to appoint and remove officers
and members of any such committee or control any process by recording an amendment to the
Declaration surrendering the right to appoint and remove officers and members of such committee.
If the Declarant does so, it may, for the duration of the period set forth in this Section 12.7, exercise
the right to approve certain actions of any such committee before they become effective. The
foregoing rights will terminate on the later of the date the Declarant no longer owns any Unit in the
Community, or the date the Declarant no longer has a Development Right to create any Units in the
Community or in real estate added to the Community.
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Section 12.8 Declarant's Right to Attend Association Meetings. The Declarant has the
right, whether or not it owns any Units in the Community, to attend all meetings of the Association,
except during any executive session when Owners are excluded. The Association shall send the
Declarant notices of all meetings and copies of all minutes of all meetings at the same time that such
items are sent to Unit Owners. Notices and minutes shall be delivered to the Declarant in a Tangible
Medium at the address specified in Section 26.1 or in such other manner as the Declarant shall
specify in a Record from time to time. The foregoing rights shall terminate seven years from the date
this Declaration is recorded.
Section 12.9 Declarant's Right to Association Records. The Declarant has the right,
whether or not it owns any Units in the Community, to have access to the Books and Records of the
Association to the same extent as a Unit Owner, including, without limitation, pursuant to Section
13.7 and Section 13.8 of this Declaration. The foregoing rights shall terminate seven years from the
date this Declaration is recorded.
Section 12.10 Intentionally Deleted.
Section 12.11 Intentionally Deleted.
Section 12.12 Intentionally Deleted.
Section 12.13 Intentionally Deleted.
Section 12.14 Intentionally Deleted:
Section 12.15 Intentionally Deleted.
Section 12.16 Exercise of Development Rights.
12.16.1 General. To exercise any Development Right reserved under this
Article 12, the Declarant shall prepare, execute and record an amendment to the Declaration.
In conjunction therewith, the Declarant shall record an amendment or supplement to the Map if
the previous Map lacks the required detail, certification or other matters required under the CIC
Act.
12.16.2 Subdivision of Units or Conversion of Common Elements. Whenever
the Declarant exercises the Development Right to subdivide or convert a Unit into additional
Units, Common Elements, or both, if the Declarant converts the Unit entirely to Common
Elements, the amendment to the Declaration must reallocate all the Allocated Interests of that
Unit among the other Units as if that Unit had been taken by condemnation under Section 22.
If the Declarant subdivides the Unit into two or more Units, whether or not any part of the Unit
is converted into Common Elements, the amendment to the Declaration must reallocate all the
Allocated Interests of the Unit among the Units created by the subdivision in any reasonable
and equitable manner prescribed by the Declarant.
Section 12.17 Use of Property_Subiect to Development Rights. The Owners shall have the
right to use the driveways, sidewalks, garage, parking spaces, and open spaces of the Community,
subject to the Declarant's Special Declarant Rights.
Section 12.18 Responsibility for Expenses. The Declarant shall be responsible for all
expenses incurred in connection with real estate subject to Development Rights. Notwithstanding
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the foregoing, all expenses associated with the operation, maintenance, repair and replacement of
any Common Element that the Owners have aright to use (including, without limitation, amenities,
parking spaces, drives, roads, sidewalks, trails and open spaces) must be paid by the Association
as a Common Expense. The Declarant's responsibility shall cease upon the exercise or expiration
of such Development Rights, whichever is earlier. The Declarant may pay such costs directly or
through the Association. The Declarant is also entitled to all income from such portions of the
property and any improvements thereon until the exercise or expiration of such Development Rights.
Section 12.19 Different Parcels: Different Times. Any Development Right may be
exercised with respect to different parcels of real estate at different times. No assurances are made
as to final boundaries of such parcels or as to the order in which those parcels may be subject to the
exercise of each Development Right. Even though a Development Right is exercised in any portion
of the real estate subject to that right, that right need not be exercised in all or in any other portion of
the remainder of that real estate.
Section 12.20 Liens. Any liens that arise in connection with the Declarant's ownership of
or construction of additional improvements shall attach only to the Declarant's interest in any
improvements owned by the Declarant or against the Declarant's Special Declarant Rights and shall
not adversely affect the rights of other Unit Owners or the priority of Mortgages on the Units. All
taxes and costs relating to improvements before the Units therein have been created shall be paid
by or allocated to the Declarant.
Section 12.21 Transfer of Special Declarant Rights. The rights described in this Article 12
shall not be transferred except by instrument evidencing the transfer executed by the Declarant or
the Declarant's successor and the transferee and recorded in the county in which the Community is
located. The rights and liabilities of the parties involved in such a transfer and of all Persons who
succeed to any Special Declarant Right are set out in the CIC Act.
Section 12.22 Termination of Special Declarant and Development Rights. Each Special
Declarant Right and Development Right shall terminate as set forth above. The Declarant may,
however, voluntarily terminate any or all aspects of its Special Declarant Rights or Development
Rights at any time by recording an amendment to the Declaration specifying which rights are thereby
terminated.
Section 12.23 Liability for Damage. The Declarant is subject to liability for the prompt
repair and restoration, to a condition compatible with the remainder of the Community, of any portion
of the Community damaged by the exercise of rights reserved by the Declarant pursuant to or created
by this Declaration or the CIC Act.
ARTICLE 13 OWNERS ASSOCIATION
Section 13.1 Form of Association. The Owners of Units shall constitute an owner's
association to be known as the Meadow View Estates Owners Association (the "Association"). The
Association shall be organized as a non-profit miscellaneous or mutual corporation, no later than the
date the first Unit in the Community is conveyed. Except where expressly reserved to the Owners
under the CIC Act or the Governing Documents, the affairs of the Association shall be managed by
a Board. The rights and duties of the Board and the Association shall be governed by the provisions
of the CIC Act, the Washington Miscellaneous and Mutual Corporations Act, chapter 24.06 RCW,
the Declaration and the Bylaws.
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Section 13.2 Bylaws. The initial directors appointed in the Articles will adopt initial Bylaws
to supplement the Declaration and to provide for the administration of the Association and the
property and for other purposes not inconsistent with the CIC Act or the Governing Documents. The
Bylaws may be amended pursuant to the procedures set forth in Article 24.
Section 13.3 Qualifications for Membership. Each Owner of a Unit (including the
Declarant as to Units it owns) shall be a member of the Association and shall be entitled to one
membership for each Unit owned. Only Owners may be members of the Association. Ownership of
a Unit shall be the sole qualification for membership in the Association. Corporations, partnerships,
associations, and other legal entities, trustees under an express trust, and other fiduciaries, as well
as natural persons, may be members of the Association.
Section 13.4 Transfer of Membership. The membership of an Owner in the Association
is appurtenant to the Unit giving rise to the membership. The membership may not be transferred in
any way except upon the transfer of title to the Unit and then only to the transferee of title to the Unit,
provided that if a Unit has been sold on contract, the contract purchaser shall, except as otherwise
set forth in the Governing Documents, exercise all rights of the Owner under the Governing
Documents, and shall be the voting representative unless otherwise specified. Any attempt to make
a prohibited transfer shall be void. Any transfer of title to a Unit will automatically transfer the
membership in the Association to the new Owner.
Section 13.5 Voting.
13.5.1 Number and Classes of Votes. The allocation of Voting Interests
in the Association is set forth in Section 6.4. Other matters concerning voting are set forth
in the Bylaws.
13.5.2 Arbitration. If the votes are tied on any matter voted upon by the
members of the Association, the matter shall be submitted to arbitration and mediation as
provided in Article 28 of this Declaration.
Section 13.6 Powers of Association.
13.6.1 General Powers. Except to the extent limited by the Governing
Documents, the Association shall have (i) all powers authorized under the CIC Act and the
Washington Nonprofit Miscellaneous and Mutual Corporations Act; (ii) all powers necessary
for the operation of the Community or governance of the Association; (iii) any other powers
authorized by this Declaration; and (iv) all powers that may be exercised by any corporation
of the same type as the Association.
13.6.2 Capital Improvements. The Association may cause additional
improvements to be constructed within the Common Elements and may acquire, hold,
encumber, convey, and dispose of, in the Association's name, any additional tangible or
intangible personal property. If the estimated cost of any such improvements or personal
property to the Community exceeds $25,000, the approval of the Owners holding at least
51% of the votes in the Association shall be required; and if such estimated cost exceeds
$50,000, the approval of the Owners holding 67% of the votes in the Association shall be
required. This Section 13.6.2 does not apply to maintenance, repair or replacement of
existing Common Element improvements.
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13.6.3 Rules. The Board shall have the power to adopt Rules for any
purpose authorized under the CIC Act, including the power to adopt Rules to establish and
enforce construction and design criteria and aesthetic standards pertaining to the
improvements and alterations to the Community. In adopting, amending or rescinding Rules,
the Board (i) shall give consideration to the matters brought to its attention after notice to the
Unit Owners; and (ii) shall give consideration to the interests of individual Owners and
Authorized Users as well as the interests of the Association. All Rules must be reasonable.
All Rules must treat similarly situated Units, Owners and Authorized Users similarly. No
Rules shall be inconsistent with or violate the provisions of the Governing Documents.
Before, adopting, amending or repealing any Rule, the Association must give all Owners
notice of: (1) its intention to adopt, amend, or repeal a Rule and provide the text of the Rule
or the proposed change; and (1i) a date on which the Board will act on the proposed Rule or
amendment after considering comments from Owners. Following adoption, amendment, or
repeal of a Rule, the Association must give notice to the Owners of its action and provide a
copy of any new or revised Rule.
Section 13.7 Accounts, Records, Financial Statements. Audits and Funds. The
Association must keep all of its funds in accounts in the name of the Association with a Qualified
Financial Institution. The Association shall keep financial records in accordance with accrual -based
accounting principles. The Association must establish and maintain its accounts and records in a
manner that will enable it to credit assessments for common expenses and specially allocated
expenses, including allocations to reserves, and other income to the association, and to charge
expenditures, to the account of the appropriate units in accordance with the provisions of this
Declaration. To assure that the unit owners are correctly assessed for the actual expenses of the
association, the accounts of the association must be reconciled at least annually unless the board
determines that a reconciliation would not result in a material savings to any unit owner. At least
annually, the Association shall prepare, or cause to be prepared, a financial statement of the
Association in accordance with accrual -based accounting principles. The annual financial statement
shall be audited at least annually by a certified public accountant who is not a member of the Board
or an Owner unless the annual Assessments for the year were less than $50,000.00 and Owners
holding a majority of the votes, excluding votes held by the Declarant, waive the audit for that year.
The financial statement shall be completed in time for the Association's annual meeting and in any
event within 120 days following the end of the fiscal year. Any Mortgagee of a first Mortgage, and
Declarant pursuant to Article 12, will be entitled to receive the audited financial statement upon
written request. The Board, or Persons having 35% of the voting power of the Association, may
require that an audit of the Association and management books be presented at any special meeting.
An Owner or Mortgagee, or Declarant pursuant to Article 12, at such Person's expense, may at any
reasonable time conduct an audit of the books of the Board and Association. Upon written request
of Freddie Mac, Fannie Mae, HUD or VA, if it is a Mortgagee or prospective Mortgagee, the
Association shall provide within a reasonable time an audited financial statement of the Association
for the preceding fiscal year.
Section 13.8 Inspection of Documents. Books and Records. The Association shall make
available for inspection upon request, during normal business hours or under other reasonable
circumstances to Owners, Mortgagees, prospective purchasers and their prospective Mortgagees,
and Declarant pursuant to Article 12, and the agents or attorneys of any of them, current copies of
the Books and Records of the Association. The Association may require the requesting party to pay
a reasonable charge to cover the cost of making the copies.
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ARTICLE 14 TRANSITION TO OWNER CONTROL
Section 14.1 Election of New Board. No later than the Transition Date, the Board shall
call a Transition Meeting to elect a new Board. The Persons elected to the Board at the Transition
Meeting shall take office upon such election. Nothing shall prevent previously elected or appointed
directors from being elected at such election.
Section 14.2 Transfer of Association Property. No later than 30 days after the Transition
Meeting, the Declarant shall deliver to the Board elected at the Transition Meeting, or the
management agent of the Association, all property of the Owners and of the Association held or
controlled by the Declarant pursuant to the CIC Act.
Section 14.3 Audit of Association Records. No later than 60 days after the Transition
Meeting, the Board shall engage an independent certified public accountant to audit the records of
the Association in accordance with generally accepted auditing standards, unless the Owners, other
than the Declarant, by majority vote, elect to waive the audit. The cost of the audit shall be a Common
Expense.
Section 14.4 Termination of Contracts and Leases Made by the Declarant. Within two
years after the Transition Meeting, the Association may terminate, without penalty, upon not less
than 90 days' notice to the other party, any of the following if it was entered into before the Transition
Meeting: (a) any management, maintenance, operations or employment contract, or lease of
recreational or parking areas or facilities or (b) any other contract or lease between the Association
and the Declarant or an affiliate of the Declarant, as defined in Section 01 D(1) of the CIC Act. The
Association may terminate, without penalty, at any time after the board elected at the Transition
Meeting takes office, upon not less than 90 days' notice to the other party any contract or lease that
is not bona fide or was unconscionable to the Unit Owners at the time entered into. This Section 14.4
does not apply to any lease, the termination of which would terminate the Community or reduce its
size, unless the real estate subject to that lease was included in the Community for the purpose of
avoiding the right of the Association to terminate a [ease under this Section 14.4.
ARTICLE 15 THE BOARD OF DIRECTORS
Section 15.1 Qualifications of Directors and Officers. The qualifications, number, method
of election, removal and terms of service of the directors and officers shall be as specified in the
Bylaws
Section 15.2 Powers of the Board. Except where expressly reserved to the Owners
under the CIC Act or the Governing Documents, the affairs of the Association shall be managed by
the Board. The Board may exercise all powers of the Association, except as otherwise provided in
the CIC Act, or the Governing Documents. The Board shall arrange for, and shall have the exclusive
right to contract for, goods and services necessary for the proper functioning of the Community.
Those goods and services may include, but are not limited to, the following:
15.2.1 Utilities. All necessary utility services for the Common Elements
and the Units.
15.2.2 Additions to Common Elements. The addition of improvements
or personal property to the Common Elements.
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15.2.3 Professional Services. Legal and accounting services necessary
or proper for the operation of the Community or enforcement of Governing Documents;
services of a hearing officer for quasi-judicial disputes; or services of an architect or other
professional to assist with applications for changes to the Community.
15.2.4 Maintenance. The maintenance, repair and replacement of the
Common Elements including the Limited Common Elements (such as the parking areas,
landscaping, and common utility facilities).
15.2.5 Other Necessary Expenditures. Any other materials, supplies,
furniture, labor, services, insurance, taxes or assessments which the Board is required to
secure or pay for pursuant to the terms of this Declaration or the Bylaws, or under law, or
which, in its opinion, is necessary or proper for the operation of the Community, or for the
enforcement of this Declaration or the Bylaws.
15.2.6 Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire property or any part thereof
which may or is claimed to, in the opinion of the Board, constitute a lien against the property
or againstthe Common Elements, ratherthan merely against the interest therein of particular
Owners. Where one or more Owners are responsible for the existence of such lien, they
shall be jointly and severally liable for the cost of discharging it, and any costs and expense
incurred by the Board by reason of such lien or liens shall be assessed against the Owners
and the Units responsible to the extent of their responsibility and shall be immediately due
and payable to the Association.
Section 15.3 Managing Agent. The Declarant or Board may contract with an experienced
professional Managing Agent to assist the Board in the management and operation of the Community
and may delegate such of its powers and duties to the Managing Agent as it deems to be appropriate,
except as limited herein. Any contract with a Managing Agent shall have a term no longer than one
year (but may be renewable by agreement of the parties for successive one-year periods) and shall
be terminable by the Board without payment of a termination fee, either (a) for cause, on 30 days'
written notice; or (b) without cause, on not more than 90 days' written notice.
Section 15.4 Authority to Borrow. If the Board determines that the funds of the
Association are or will be insufficient to pay the expenses of the Association, the Association may
borrow funds to pay such expenses. To secure the repayment thereof, the Association may,
encumber (subject to the limitations set forth in this Declaration) any portion of the Common
Elements. Proceeds of the conveyance or financing are an asset of the Association. In addition, to
secure the repayment thereof, the Association may assign (subject to the limitations set forth in this
Declaration) its right to receive future income of the Association, including any receivable, right to
payment, and special and general Assessments from the Unit Owners. Prior to making such an
assignment, the Board shall provide a notice of intent to borrow to all the Owners. The notice must
include the purpose and maximum amount of the loan, the estimated amount and term of any
assessments required to repay the loan, a reasonably detailed projection of how the money will be
expended, and the interest rate and term of the loan, and must set a date for a meeting of the Owners
to consider ratification of the borrowing not fewer than 14 or more than 60 days after mailing of the
notice. Unless at that meeting, whether or not a quorum is present, the Owners to which a majority
of the votes in the Association are allocated reject the proposal to borrow funds, the Association may
proceed to borrow the funds in substantial accordance with the terms contained in the notice. In
connection with the encumbrance of future income of the Association, the Association may execute
such loan documents and undertake such obligations as the lender may require to realize on the
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encumbrance including powers of attorney, control over deposit accounts, the right to file or foreclose
Assessment liens, and the right to contact account debtors (including the Unit Owners) and require
that payment be made directly to the lender.
Section 15.5 Standard of Conduct. In the performance of their duties, the officers and
directors are required to exercise the degree of care and loyalty to the Association required of an
officer or a director of a corporation organized, and are subject to the conflict of interest rules
governing directors and officers, under chapter 24.06 RCW.
Section 15.6 Limitations on Board Authority. The Board shall act reasonably, in light of
the facts determined by the Board, in making all determinations, exercising its discretion, granting or
withholding consent, or taking any action on behalf of the Association. The Board shall not, without
the vote or agreement of the Unit Owners, (i) amend the Declaration except as set forth in Article 24,
(ii) amend the organizational documents of the Association, (iii) terminate the Community, (iv) elect
members of the Board, or (v) determine the qualifications, powers, duties, or terms of office of
members of the Board. The Board may, in accordance with the Bylaws, fill vacancies in its
membership for the unexpired portion of any term.
Section 15.7 Limitation of Liability; Indemnification. The liability of each director, officer
and committee member, including the Declarant when acting in any such capacity, shall be limited
as set forth in the Association's Articles. Each director, officer and committee member, including the
Declarant when acting in any such capacity, shall be entitled to indemnity, reimbursement of
expenses and advances of expenses as set forth in the Association's Articles.
Section 15.8 Lawsuits or Arbitration Proceedings.
15.8.1 General. The Association may institute, defend, or intervene in
litigation or in arbitration, mediation, or administrative proceedings or any other legal
proceeding ("Proceedings") in its own name on behalf of itself or on behalf of two or more
Unit Owners, in a representative capacity, on matters affecting the Community, but any
action on behalf of Unit Owners shall not convert any individual claims or legal rights that the
Unit Owners may have into claims or rights of the Association.
15.8.2 Notice. The Board must carefully evaluate the potential costs and
risks to the Unit Owners before committing the Unit Owners to a course of action in any
Proceedings. The Board shall evaluate those matters and promptly provide notice in a
Record to the Units Owners about any legal proceedings in which the Association is a party
other than Proceedings involving the enforcement of Rules or to recover unpaid
Assessments due to the Association. The notice shall describe: (i) the principal amount
sought to be recovered; (ii) the estimated attorneys' fees which will be chargeable to the
Association; (iii) the basis on which the attorneys' fees will be paid (for example, hourly, flat
fee or contingent); (iv) the estimated cost of all witnesses or investigators including
bookkeepers, accountants, consultants, investigators, contractors, and experts; (v) the
nature of the Association's claims and defenses and the amount at issue; and (vi) the
negative consequences the Unit Owners could suffer by reason of the proposed
Proceedings, including the likelihood of special Assessments and the impact of the litigation
on Unit sales or refinancing while the Proceedings are pending.
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ARTICLE 16 BUDGET AND ASSESSMENTS
Section 16.1 Fiscal Year. The Board may adopt such fiscal year for the Association as it
deems to be convenient. Unless another year is adopted, the fiscal year will be the calendar year.
Section 16.2 Preparation of Budget. Not less than 30 days before the end of the fiscal
year in which Assessments are collected, the Board shall prepare a budget for the Association for
the coming year. The budget must include: (1) the projected income to the Association by category,
(ii) the projected Common Expenses and those Specially Allocated Expenses that are subject to
being budgeted, both by category, (iii) the amount of Assessments per Unit and the date the
Assessments are due, (iv) the amount of regular Assessments budgeted for contribution to the
reserve account, (v) a statement of whether the Association has a reserve study that meets the
requirements of the CIC Act and, if so, the extent to which the budget meets or deviates from the
recommendations of that reserve study, and (vi) the current deficiency or surplus in reserve funding
expressed on a per unit basis. The Budget shall also take into account any surplus or deficit carried
over from the preceding year, and make provision for reasonable reserves for contingencies. The
Board need not reserve for items that can reasonably be funded from cash flow or borrowing, and
need not adopt a "fully funded" plan or contribution and may adopt such plan and contribution rate
as it deems appropriate in its reasonable discretion. The Board may at any suitable time require the
commencement of contributions to such reserve accounts. The Board need not adopt a new budget
prior to the Transition Date, and any budget adopted during such period may be based on the actual
expenses for the Association and need not provide for accumulation of reserves.
Section 16.3 Ratification of Budget. Within 30 days after adoption of any proposed
budget for the Community, the Board shall provide a copy of the budget to all the Owners and shall
set a date for a meeting of the Owners to consider ratification of the budget not fewer than 14 or
more than 50 days after mailing of the summary. Unless at that meeting the Owners to which a
majority of the votes in the Association are allocated reject the budget, the budget and the
Assessments against the Units included in 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. If the Board proposes a supplemental budget during
any fiscal year, such budget shall not take effect unless ratified by the Unit Owners in accordance
with this Section 16.3.
Section 16.4 Revisions to Budget. The Board may revise the budget and any
Assessments based thereon, from time to time for any reason, including non-payment of any Owner's
Assessments. Any revision to the budget is, however, subject to the notice requirements and the
right of Owners to ratify the revised budget set forth in Section 16.3.
Section 16.5 Assessments for Common Expenses. The sums required by the
Association for Common Expenses as reflected in the annual budget and any supplemental budget
shall be divided into installments to be paid periodically, as determined by the Board, over the period
to be covered by the budget or supplemental budget. The Assessment for Common Expenses for
each Unit shall be the sum of (a) the Common Expense Liability of that Unit multiplied by the total
periodic installment for Common Expenses (except Specially Allocated Expenses) for all Units; and
(b) any Specially Allocated Expenses of that Unit. Assessments shall commence against all Units
that have been created by this Declaration no later than the date of the first Conveyance of a Unit to
an Owner other than Declarant. Notwithstanding the foregoing, the Declarant may delay the
commencement of Assessments for some or all Common Expenses or Specially Allocated Expenses
beyond such date, in which event the Declarant must pay all of the Common Expenses or Specially
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Allocated Expenses that have been delayed during the period of delay. The Declarant may exercise
the right to delay Assessments for any Units whether initially created or subsequently created
pursuant to a Development Right to create Units. If Declarant has paid insurance premiums prior to
the commencement of Assessments, it shall be entitled to a refund from the Association of any
unearned premium for the period after commencement of Assessments. If the Association does not
have adequate working capital at the commencement of Assessments to reimburse the Declarant
for the unearned premiums, it may deliver a promissory note to the Declarant and pay the balance
due over time.
Section 16.6 Specially Allocated Expenses. There are no Specially Allocated Expenses.
Section 16.7 Misconduct. To the extent that any Common Expense is caused by the
negligence of any Owner or Authorized User of any Unit, the Association may assess that expense
against the Owner's Unit.
Section 16.8 Special Assessments. For those Common Expenses which cannot
reasonably be calculated and paid on a periodic basis, the Board may levy special Assessments for
such expenses against the Units, subject to ratification by the Owners pursuant to Section 16.3.
Section 16.9 Reserve Studies. The Association shall obtain reserve studies and updated
reserve studies as required by the CIC Act. An initial reserve study must be prepared by a reserve
study professional and based upon either a reserve study professional's visual site inspection of
completed improvements or a review of plans and specifications of or for unbuilt improvements, or
both when construction of some but not all of the improvements is complete. An updated reserve
study must be prepared annually and need not be completed each year by a reserve study
professional; provided, however, that an updated reserve study must be prepared at least every third
year by a reserve study professional and based upon a visual site inspection conducted by the
reserve study professional. Until the expiration of all warranties given by or imposed upon the
Declarant, and the time period for filing any claims against the Declarant, the Board shall
contemporaneously send a copy of each reserve study to the Declarant at the address specified in
Section 26.1, or such other address as the Declarant may specify in a Record to the Association
from time to time.
Section 16.10 Creation of Reserve Account. Once Assessments for replacement reserves
are collected, the Board shall establish one or more accounts for the deposit of reserve contributions.
Any reserve account must be an income -earning account maintained under the direct control of the
Board, and the Board is responsible for administering the reserve account. The operation of the
reserve account and any Assessments for contribution to the reserve account shall be further
governed by this Article 16 and the Bylaws.
Section 16.11 Withdrawals from Reserve Accounts. The Board may withdraw funds from
the Association's reserve accounts to pay for unforeseen or unbudgeted costs that are unrelated to
replacement costs of the reserve components. Any such withdrawal must be recorded in the minute
books of the Association. The Board must give notice of any such withdrawal to each Unit Owner
and adopt a repayment schedule not to exceed twenty-four months unless the Board determines that
repayment within twenty-four months would impose an unreasonable burden on the Unit Owners.
The Board must provide to Unit Owners along with the annual budget adopted in accordance with
Section 16.2 of this Declaration (a) notice of any such withdrawal, (b) a statement of the current
deficiently in reserve funding expressed on a per Unit basis, and (c) the repayment plan. The Board
may withdraw funds from the reserve account without satisfying the notification of repayment
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requirements under this section to pay for replacement costs of reserve components not included in
the reserve study.
Section 16.12 Payment of Assessments. On a date as the Board may establish by Rule,
each Owner shall pay or cause to be paid to the treasurer or designated agent of the Association all
Assessments against the Unit due for that period, as determined by the Board. Any Assessment
that is not paid when due will be subject to late charges, interest charges and collection adopted by
the Board pursuant to Section 17.8. The Board shall have the right to change the Assessments to a
monthly collection but any additional fees associated with this change will be passed to each Owner.
Section 16.13 Proceeds Belong to Association. All Assessments and other receipts
received by the Association on behalf of the Community shall belong to the Association.
Section 16.14 Failure to Assess. Any failure by the Board or the Association to make the
budgets and Assessments hereunder before the expiration of any year for the ensuing year shall not
be deemed a waiver or modification in any respect of the provisions of this Declaration, or a release
of the Owner from the obligation to pay Assessments during that or any subsequent year, and the
Assessments amounts established for the preceding year shall continue until new Assessments are
established.
Section 16.15 Certificate of Unpaid Assessments. Upon the request of any Owner or
Mortgagee of the Owner's Unit, the Board must furnish a statement signed by an officer or authorized
agent of the Association stating the amount of unpaid Assessments against that Unit. The
Association must furnish the statement within 15 days after receiving the request. The statement
shall be binding on the Association, the Board and every Unit Owner, unless and to the extent known
by the recipient to be false. The Board may establish a reasonable fee to be charged to reimburse
it for the cost of preparing the statement.
Section 16.16 Recalculation of Assessments. If Common Expense Liabilities are
reallocated, Assessments and any installment thereof not yet due shall be recalculated in accordance
with the reallocated liabilities. The Board shall have the discretion to determine when to impose the
recalculated Assessments, but in no event, shall the Board delay imposition beyond the fiscal year
during which the Common Expense Liabilities were reallocated.
Section 16.17 Initial Contribution to Working Capital. The first purchaser (as defined in the
CIC Act) of any Unit shall, at the time of closing, pay to the Association (or the Declarant as set forth
below), in addition to other amounts due, an estimated amount of Five Hundred Dollars ($500.00),
as a non-refundable initial contribution to the Association's working capital. The Declarant shall not
use any such contributions to defray expenses that are the obligation of Declarant.
ARTICLE 17 LIEN AND COLLECTION OF ASSESSMENTS
Section 17.1 Assessments Are a Lien: Priority.
17.1.1 The Association has a lien on a Unit for any unpaid Assessment
levied against a Unit from the time the Assessment is due.
17.1.2 A lien under this Article 17 shall be prior to all other liens and
encumbrances on a Unit except: (i) liens and encumbrances recorded before the recording
of this Declaration; (ii) a Mortgage on the Unit recorded before the date on which the unpaid
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Assessment became due; and (iii) liens for real estate taxes and other governmental
assessments or charges against the Unit.
17.1.3 Except as provided in this Section 17.1.3, the lien shall also be prior
to the Mortgages described in Section 17.1.2(ii) to the extent of an amount equal to:
17.1.3.1 Assessments (whether specially allocated or not) for
Common Expenses, excluding any amounts for capital improvements, based on the periodic
budgets adopted by the Association pursuant to Article 16, which would have become due
in the absence of acceleration during the six months immediately preceding the institution of
proceedings to foreclose either the Association's lien or a Mortgage described in Section
17.1.2 ii : plus
17.1.3.2 The Association's actual costs and reasonable attorneys'
fees incurred in foreclosing its lien but incurred after the giving of the notice described in
Section 17.1.3.3; provided, however, that the costs and reasonable attorneys' fees that will
have priority under this Section 17.1.3.2 shall not exceed $2,000 or an amount equal to the
amounts described in Section 17.1.3.11 whichever is less.
17.1.3.3 The notice must satisfy the requirements of Section 515 of
the CIC Act.
17.1.4 Recording of this Declaration constitutes recorded notice and
perfection of the lien for Assessments; however, the Association may record a notice of claim
of lien for Assessments in the real estate records of the county in which the Community is
located. Such recording shall not constitute the notice referred to in Section 17.1.3.3.
Section 17.2 Judicial Foreclosure. A lien arising under this Article 17 may be enforced
judicially by the Association or its authorized representative in the manner set forth in chapter 61.12
RCW, subject to any rights of redemption under chapter 6.23 RCW. Upon an express waiver in the
complaint of any right to a deficiency judgment in a judicial foreclosure action, the period of
redemption shall be eight months.
Section 17.3 Non -Judicial Foreclosure. A lien arising under this Article 17 may be
foreclosed non -judicially in the manner set forth in chapter 61.24 RCW for non judicial foreclosure of
deeds of trust. For the purpose of preserving the Association's non -judicial foreclosure option, this
Declaration shall be considered to create a grant of each Unit in trust to Chicago Title Company or
other title company or their successors or assigns ("Trustee"), to secure the obligations of each Unit
Owner to the Association for the payment of Assessments. Each Unit Owner shall retain the right to
possession of its Unit so long as Grantor is not in default of an obligation to pay Assessments. The
Trustee shall have a power of sale with respect to each Unit, which becomes operative in the case
of a default in a Unit Owner's obligation to pay Assessments. The Units are not used principally for
agricultural or farming purposes. If the Association forecloses its lien non -judicially pursuant to this
Section 17.3, it shall not be entitled to the lien priority over Mortgages provided in Section 17.1.3 and
shall be subject to the limits on deficiency judgments under chapter 61.24 RCW.
Section 17.4 Receiver During Foreclosure. In an action to collect Assessments or to
foreclose on a lien on a Unit, the Association shall be entitled to the appointment of a receiver to
collect all sums due and owing to the Unit Owner before commencement of the action or during the
pendency of the action. The receivership shall be governed by chapter 7.60 RCW. During the
pendency of the action, the court may order the receiver to pay sums held by the receiver to the
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Association for any Assessments against the Unit. The exercise by the Association of the foregoing
rights shall not affect the priority of preexisting liens on the Unit.
Section 17.5 Effect of Foreclosure. The Association or its authorized representative shall
have the power to purchase the Unit at the Foreclosure sale and to acquire, hold, lease, mortgage,
or convey the same. Nothing in this Article 17 shall prohibit the Association from taking a deed in
lieu of Foreclosure. Except as provided in Section 17.1.3, the holder of a Mortgage or other
purchaser of a Unit who obtains the right of possession of a Unit through Foreclosure shall not be
liable for any Assessments or installments thereof that became due prior to such right of possession.
Such unpaid Assessments shall be deemed to be Common Expenses collectible from all the Owners,
including such Mortgagee or other purchaser of the Unit. Foreclosure of a Mortgage does not relieve
the prior Owner of personal liability for Assessments accruing against the Unit prior to the date of
such sale.
Section 17.6 Assessments Are Personal Obligations. In addition to constituting a lien on
the Unit, all sums assessed by the Association chargeable to any Unit, including all charges in this
Article 17, shall be the personal obligation of the Owner of the Unit when the Assessments are made.
Suit to recover personal judgment for any delinquent Assessments shall be maintainable without
foreclosing or waiving the liens securing them.
Section 17.7 Extinguishment of Lien and Personal Liability. A lien for unpaid
Assessments and the personal liability for payment of Assessments are extinguished unless
proceedings to enforce the lien or collect the debt are instituted within six years after the full amount
of the Assessments sought to be recovered becomes due.
Section 17.8 Joint and Several Liability. In addition to constituting a lien on the Unit, each
Assessment shall be the joint and several obligation of the Owner or Owners of the Unit to which the
same is assessed as of the time the Assessment is due. In a voluntary Conveyance, other than by
foreclosure, the grantee of a Unit shall be jointly and severally liable with the grantor for all unpaid
Assessments against the grantor up to the time of the grantor's Conveyance, without prejudice to
the grantee's right to recover from the grantor the amounts paid by the grantee therefore. Suit to
recover a personal judgment for any delinquent Assessment shall be maintainable in any court of
competent jurisdiction without foreclosing or waving the lien securing such sums.
Section 17.9 Late Charges and Interest on Delinquent Assessments. The Association
may from time to time establish reasonable late charges and a rate of interest to be charged, not to
exceed the maximum rate calculated under RCW 19.52.020 on all subsequent delinquent
Assessments or installments thereof. If the Association has not established such a rate, delinquent
Assessments shall bear interest from the date of delinquency at the maximum rate permitted under
RCW 19.52.020 on the date on which the Assessments became delinquent.
Section 17.10 Recovery of Attorneys' Fees and Costs. The Association shall be entitled
to recover any costs and reasonable attorneys' fees incurred in connection with the collection of
delinquent Assessments, whether or not such collection activities result in a suit being commenced
or prosecuted to judgment. In addition, the prevailing party shall be entitled to recover costs and
reasonable attorneys' fees if it prevails on appeal and in the enforcement of a judgment.
Section 17.11 Limitations on Foreclosure Proceedings. The Association may not
commence an action to Foreclose a lien on a Unit under this Article 17 unless: (i) the Unit Owner, at
the time the action is commenced, owes a sum equivalent to at least three months of Assessments,
and (ii) the Board approves commencement of a Foreclosure action specifically against that Unit.
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Every aspect of a collection, Foreclosure, sale or other conveyance under this Article 17, including
the method, advertising, time, date, place and terms must be commercially reasonable.
Section 17.12 Security Deposit. An Owner who has been chronically delinquent in paying
its Assessments may, from time to time, be required by the Board, after Notice and Opportunity to
be Heard, to make and maintain a security deposit not in excess of three months' estimated
Assessments, which shall be collected and shall be subject to penalties for non-payment as are other
Assessments. The deposit shall be held in a separate fund, credited to such Owner, and may be
resorted to at any time when such Owner is 10 days or more delinquent in paying Assessments.
Section 17.13 Remedies Cumulative. The remedies provided herein are cumulative, and
the Board may pursue them, and any other remedies which may be available under law although not
expressed herein, either concurrently or in any order.
ARTICLE 18 ENFORCEMENT OF GOVERNING DOCUMENTS
Section 18.1 Rights of Action. Each Owner and its Authorized Users and the Association
shall comply with the Governing Documents and the proper decisions of the Board. The Declarant
shall enjoy all the rights and assume all the obligations of an Owner as to each unsold Unit in the
Community owned by the Declarant. The Association acting on behalf of the Owners or any Owner
acting on its own behalf may bring an action to recover sums due or damages, or for injunctive relief,
or any or all of them, against any party who fails to comply with the Governing Documents and the
proper decisions of the Board.
Section 18.2 Additional Rights. In addition to any rights authorized by the CIC Act, the
Board may, after Notice and Opportunity to Be Heard, take any of the following actions against any
party who fails to comply with the Governing Documents and the proper decisions of the Board:
18.2.1 Require an Owner, at its own expense, to stop work on, and
remove, any improvement from such Owner's Unit or other areas of the Community in
violation of the Governing Documents and to restore the property to its previous condition
and, upon failure of the Owner to do so, the Board or its designee shall have the right to
enter the property, remove the violation and restore the property to substantially the same
condition as previously existed and any such action shall not be deemed a trespass;
18.2.2 Levy Assessments to cover costs incurred by the Association to
cure a violation of the Governing Documents;
18.2.3 Apply a security deposit posted by an Owner to any unpaid
charges or Assessments;
18.2.4 Suspend any right or privilege of a Unit Ownerwho fails to pay an
Assessment, but the Association may not (i) deny a Unit Owner or other occupant access to
the Owner's Unit, (ii) suspend a Unit Owner's right to vote, or (iii) withhold services provided
to a Unit or a Unit Owner by the Association if withholding the service would endanger the
health, safety, or property of any Person; and
18.2.5 Exercise self-help or take action to abate any violation of the
Governing Documents.
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Notice and Opportunity to Be Heard shall not be required in an emergency situation or in regard to
the removal of vehicles or items that are in violation of parking Rules.
Section 18.3 Remedies Cumulative: Attorneys' Fees. All remedies set forth in the
Governing Documents shall be cumulative of any remedies available at law or in equity. In any action
to enforce the Governing Documents, if the Association or Owner prevails, it shall be entitled to
recover all costs, including, without limitation, its attorneys' fees and court costs, reasonably incurred
in such action.
Section 18.4 Enforcement Discretion: No Waiver. The decision to pursue enforcement
action in any particular case shall be left to the judgment of the Board, except that the Board shall
not be arbitrary or capricious in taking enforcement action. Without limiting the generality of the
foregoing sentence, the Board may determine that, under the circumstances of a particular case:
18.4.1 The Association's position does not justify taking action or further
action;
18.4.2 The covenant, restriction or Rule being enforced is, or is likely to
be, construed as inconsistent with applicable law;
18.4.3 Although a violation may exist or may have occurred, it is not so
material as to be objectionable to a reasonable Person or to justify expending the
Association's resources; or
18.4.4 It is not in the Association's best interests to pursue enforcement
action.
Such a decision shall not be construed to be a waiver of the right of the Association to enforce such
provision at a later time under other circumstances or preclude the Association from enforcing any
other covenant, restriction or Rule. The receipt by the Board of payment of an Assessment from an
Owner, with knowledge of a breach by the Owner, shall not be a waiver of the breach. No waiver by
the Board of any requirement shall be effective unless expressed in a Record and signed for by the
Board. This Section 18.4 also extends and applies to the Declarant.
Section 18.5 Notice and Opportunity to Be Heard. Whenever this Declaration requires
that an action of the Board be taken after Notice and Opportunity to Be Heard, the following
procedure shall be observed: The Board shall give written notice of the proposed action to all
Owners, Tenants or occupants of knits whose interest would be significantly affected by the
proposed action. The notice shall include a general statement of the proposed action and the date,
time and place of the hearing, which shall be not less than five days from the date notice is delivered
by the Board. At the hearing, the affected Person shall have the right, personally or by a
representative, to give testimony orally, in a Record or both (as specified in the notice), subject to
reasonable Rules of procedure established by the Board to ensure a prompt and orderly resolution
of the issues. Such evidence shall be considered in making the decision but shall not bind the Board.
The affected Person shall be notified of the decision in the same manner in which notice of the
meeting was given.
ARTICLE 19 TORT AND CONTRACT LIABILITY
Section 19.1 Declarant Liability. An Owner is not liable, solely by reason of being an
Owner, for an injury or damage arising out of the condition or use of the Common Elements. Neither
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the Association nor any Owner except the Declarant is liable for the Declarant's torts in connection
with any part of the Community which the Declarant has the responsibility to maintain. An action
alleging a wrong done by the Association must be brought against the Association :and not against
any Owner. An Owner is not precluded from bringing an action contemplated by this Section 19.1
because it is a Unit Owner or a director or officer of the Association.
Section 19.2 Limitation of Liability for Utility Failure. Except to the extent covered by
insurance obtained by the Association, neither the Association, the Board, the Managing Agent nor
the Declarant shall be liable to any Unit Owner for:
19.2.1 the failure of any utility or other service to be obtained and paid
for by the Board;
19.2.2 injury or damage to Person or property caused by the elements,
or resulting from electricity, water, rain, dust, mold or mildew which may leak, travel or flow
from outside of any building; from any Unit, Common Element or part of the building; from
any pipes, drains, conduits, appliances, or equipment; or from any other place; or
19.2.3 inconvenience or discomfort resulting from any action taken to
comply with the Governing Documents or any law, ordinance or orders of a governmental
authority. No diminution or abatement of Assessments shall be claimed or allowed for any
such utility or service failure, or for such injury or damage, or for such inconvenience or
discomfort.
Section 19.3 Limitation of Personal Liability; Indemnification. Each director and officer of
the Association shall be insulated from liability for its conduct as a director or officer of the Association
to the extent set forth in Article 10 of the Articles and shall be entitled to indemnification to the extent
set forth in Article 11 of the Articles.
ARTICLE 20 INSURANCE
Section 20.1 Required Insurance. Commencing not later than the time of the first
Conveyance of a Unit to a Person other than the Declarant; the Association shall maintain in its own
name, to the extent reasonably available and subject to reasonable deductibles, insurance meeting
the requirements of this Article 20. The Association may, however, delay procurement of fidelity
insurance until the election of the Board at the Transition Meeting. All insurance must be obtained
from insurance carriers who are generally acceptable for similar projects, are authorized to do
business in the State of Washington and meet the acceptability criteria of Fannie Mae, Freddie Mac,
HUD and VA. The Board shall review at least annually the adequacy of the Association's insurance
coverage. The Board shall promptly notify the Unit Owners if the required property or liability
insurance is not reasonably available.
Section 20.2 Property Insurance Requirements. The Association shall maintain property
insurance written on a "special form" of coverage. The property insurance shall cover (i) all Common
Elements (including Limited Common Elements) and all real estate that must become Common
Elements, (ii) to the extent not described in the foregoing clause, all installed machinery and
equipment and personal property owned by the Association and located outside of a Unit (including
but not limited to furniture, media equipment, and appliances used for refrigerating, ventilating,
cooking, dishwashing or laundering), and (iii) all other personal property of the Association. The
property insurance shall insure against all risks of direct physical loss and may, but need not, include
damage caused by earthquakes or terrorism. The amount of insurance shall not be less than 100%
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of the current replacement cost of the insured property at the time the insurance is purchased and at
each renewal date, exclusive of land, excavations, foundations and other items normally excluded
from property policies. To ensure adequate property insurance coverage, the Board shall periodically
obtain insurance replacement cost appraisals of any buildings and personal property for which
insurance is required under this Section 20.2.
Section 20.3 Liability Insurance Requirements. The Association shall maintain
commercial general liability insurance, including medical payments insurance, which provides
coverage for bodily injury and property damage resulting from the operation, maintenance or use of
the Common Elements in an amount of at least $1,000,000 for any single occurrence and $2,000,000
aggregate and which contains a specific endorsement to preclude the insurer's denial of a Unit
Owner's claim because of the negligent act of the Association or other Unit Owners.
Section 20.4 Fidelity Insurance Requirements. The Association shall maintain, or require
its Managing Agent to maintain, fidelity insurance naming the Association and its officers, directors,
trustees and employees, any Managing Agent, and all other Persons who handle or are responsible
for handling funds held or administered by the Association, whether or not the Person receives
compensation for services, as insured. The bond shall contain waivers of any defense based upon
the exclusion of Persons who serve without compensation from any definitions of "employee" or
similar expression. The policy must provide minimum limits at least equal to the larger of (i) the
highest amount of funds, including reserve funds, that the Association is expected to hold at any time
while the policy is in force, or (ii) three months of the expected aggregate Assessments for the policy
term, plus reserve funds. There shall be no requirement to obtain a fidelity bond prior to the
Transition Meeting.
Section 20.5 Additional Insurance Requirements. The insurance policies obtained
pursuant to Section 20.2 and Section 20.3 shall:
20.5.1 Provide that the Association is the named insured, and that each
Unit Owner is an insured under the policy with respect to liability arising out of the Owner's
interest in the Common Elements or membership in the Association;
20.5.2 Provide that the insurer waives its right to subrogation under the
policy as to any and all claims against the Association, the Owner of any Unit and/or their
respective agents, employees or Tenants, and members of their household, and of any
defenses based upon coinsurance or upon invalidity arising from the acts of the insured;
20.5.3 Provide that no act or omission by any Unit Owner, unless acting
within the scope of the Owner's authority on behalf of the Association, or any failure of the
Association to comply with any warranty or condition regarding any portion of the premises
over which the Association has no direct control, will void the policy or be a condition to
recovery under the policy; and
20.5.4 Provide that if, at the time of a loss under the policy, there is other
insurance in the name of a Unit Owner covering the same risk covered by the policy, the
Association's policy provides primary insurance, and that the liability of the insurer
thereunder shall not be affected by, and the insurer shall not claim any right to set-off,
counterclaims, apportionment, proration, contribution or assessment by reason of, any other
insurance obtained by or for any Unit Owner or any Mortgagee.
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Section 20.6 _Adjustment of Losses; Insurance Trustee; Power of Attorney. Any loss
covered by the insurance described in Section 20.2 must be adjusted with the Association, but the
proceeds for that loss are payable to any insurance trustee designated forthat purpose, or otherwise
to the Association, and not to any holder of a Mortgage. The insurance trustee or the Association
must hold any insurance proceeds in trust for the Association, Unit Owners and lien holders as their
interests may appear. Subject to the provisions of Sections 20.9 and 21.4, the proceeds must be
disbursed first for the repair or restoration of the damaged property, and the Association, Unit Owners
and lien holders are not entitled to receive payment of any portion of the proceeds unless there is a
surplus of proceeds after the property has been completely repaired or restored or the Community
is terminated. Each Owner appoints the Association, or any insurance trustee or successor trustee
designated by the Association, as attorney -in -fact for the purpose of purchasing and maintaining
such insurance, including the collection and appropriate disposition of the proceeds thereof, the
negotiation of losses and execution of releases of liability, the execution of all documents and the
performance of all other acts necessary to accomplish such purposes. Each Owner and the Owner's
Mortgagee, if any, are beneficiaries of the policy in accordance with percentages established by the
Common Ownership Interest of Owner's Unit. Certificates of insurance shall be issued to each
Owner and Mortgagee upon request.
Section 20.7 Additional Insurance. The Association may maintain such other insurance
as the Board deems advisable; provided that notwithstanding any other provisions herein, the
Association shall continuously maintain in effect such casualty, flood, loss of maintenance fees and
liability insurance and a fidelity bond meeting the insurance and fidelity bond requirements for similar
projects established by Fannie Mae, Freddie Mac, HUD or VA, or other governmental agencies
involved in the secondary mortgage market, so long as any such agency is a Mortgagee or an Owner
of a Unit within the Community or an insurer of a Mortgage encumbering a Unit, except to the extent
such coverage is not reasonably available or has been waived in a Record by such agency.
Section 20.8 Owners' Individual Insurance. Each Unit Owner shall maintain special
cause -of -loss coverage in an amount equal to 100% of the replacement cost of its Home (exclusive
of such items as land, foundations, excavations, and other items normally excluded from property
policies). Each Unit Owner and Tenant shall maintain a liability policy insuring against liability for
property damage or bodily injury caused by the Unit Owner or Tenant or those for whom each is
legally responsible, and cover any obligation to pay or reimburse the Association for any deductible
under the Association's property insurance or for any portion of loss caused by the insured and not
covered by the Association's property insurance. The liability policy shall have a limit of liability of
at least $500,000. Owners must obtain the required insurance from insurance carriers authorized to
do business in the State of Washington. All policies must provide that coverage may not be canceled
without 30 day's written notice to the Association. The Board may adopt Rules that establish greater
or more specific requirements for such policies, including minimum amounts and types of coverage.
Section 20.9 Use of Insurance Proceeds. Any portion of the Community, for which
insurance is required under Section 20.2 which is damaged or destroyed must be repaired or
replaced promptly by the Association pursuant to Article 21.
Section 20.10 Certificate. An insurer that has issued an insurance policy under this Article
20 shall issue certificates or memoranda of insurance to the Association and; upon written request,
to any Unit Owner or Mortgagee. The insurer issuing the policy may not modify the amount or the
extent of the coverage of the policy or cancel or refuse to renew the policy unless the insurer has
complied with all applicable provisions of chapter 48.18 RCW pertaining to the cancellation or non -
renewal of contracts of insurance.
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Section 20.11 Notification of Sale of Unit. Promptly upon Conveyance of a Unit, the new
Unit Owner shall notify the Association of the date of the Conveyance and the Unit Owner's name
and address. The Association shall notify each insurance company that has issued an insurance
policy to the Association for the benefit of the Owners of the name and address of the new Owner
and request that the new Owner be made a named insured under such policy.
ARTICLE 21 DAMAGE AND REPAIR OF DAMAGE TO PROPERTY
Section 21.1 Definitions: Damage, Substantial Damage, Repair, Emergency Work. As
used in this Article 21:
21.1.1 "Damage" shall mean all kinds of damage, whether of slight
degree or total destruction, caused by casualty or other occurrence, but shall not include
construction defects, deterioration or wear and tear.
21.1.2 "Substantial Damages shall mean that in the judgment of a
majority of the Board the estimated Assessment determined under Section 21.2.4 for any
one Unit exceeds 3% of the full, fair market value of the Unit before the Damage occurred,
as determined by the then current assessed value for the purpose of real estate taxation.
21.1.3 "Re air" shall mean restoring the damaged improvements to
substantially the condition they were in before they were damaged, with the Unit and the
Common Elements having substantially the same boundaries as before. "Repair" does
include restoration of improvements or betterments installed after Conveyance by the
Declarant if those improvements or betterments are not insured because the Owner failed
to notify the Board of their installation. Modifications to conform to applicable governmental
Rules or available means of construction may be made.
21.1.4 "Emergency Work" shall mean work that the Board deems
reasonably necessary to avoid further Damage or substantial diminution in value to the
improvements and to protect the Owners from -liability from the condition of the site.
Section 21.2 Initial Board Determination. In the event of Damage to any portion of the
Community that the Association is required to insure by this Declaration, the Board shall promptly
take the following actions. In doing so, the Board shall obtain such advice from professionals (such
as engineers, architects, contractors, insurance consultants, lenders and attorneys) as the Board
deems advisable and shall consider the information then known to the Board.
21.2.1 Determine the nature and extent of the Damage to the insured
property and loss to the Association, together with an inventory of the improvements and
property directly affected thereby.
21.2.2 Obtain as reliable an estimate as possible of the cost and time to
Repair the Damage, which estimate shall, if reasonably practicable, be based upon two or
more firm bids obtained from responsible contractors.
21.2.3 Determine the insurance proceeds and reserves, if any, that will
likely be available to pay for the Damage.
21.2.4 Determine (1) the amount, if any, by which the estimated cost of
Repair is likely to exceed the expected insurance proceeds, the reserves available to Repair
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the Damage, other available funds of the Association, and the deductibles owed by Owners;
and (ii) the likely amount of the Assessments that would have to be made against each Unit
if the excess cost were to be paid as a Common Expense.
Section 21.3 Notice of Damaae. The Board shall provide each Owner with a written
notice summarizing the initial Board determinations made under Section 21.2, explaining any further
information needed by the Board to make a final decision on the cost and schedule for Repairs. If
the Board determines that the Damage is Substantial Damage then the notice shall also explain any
further information needed by the Board to allow the Owners to make an informed decision about
Repairs to the Community, and shall call a special meeting to consider whether to Repair the
Damage. If the Damage affects a material portion of the Community, the Board shall also send the
notice to each Mortgagee. if the Board fails to call a meeting within 30 days of the Damage, any
Owner or Mortgagee may call such a meeting. The Board may, but is not required to, call such a
meeting in other circumstances.
Section 21.4 Execution of Repairs.
21.4.1 The Association shall promptly Repair any damaged portion of
the Community that the Association is responsible to insure and to maintain or repair unless:
21.4.1.1 The Community is terminated by vote at a special
meeting called in accordance with Section 21.3 and taken in accordance with the termination
provisions of the Declaration and CIC Act;
21.4.1.2 Repair would be illegal under any state or local health
or safety statute or ordinance; or
21.4.1.3 Owners holding at least 80% of the votes in the
Association, including every Owner of a Unit or Limited Common Element which will not be
rebuilt, and the Declarant if the Declarant has the right to create Units in the Community,
vote not to Repair the Damage.
21.4.2 The Board shall have the authority to employ architects and
engineers, advertise for bids, let contracts to contractors and others and take such other
action as is reasonably necessary to make the Repairs. Contracts for the Repair work shall
be awarded when the Board, by means of insurance proceeds and sufficient Assessments,
has provided for paying the cost. The Board may authorize the insurance carrier to make
the Repairs if the Board is satisfied that the work will be done satisfactorily, and if such
authorization does not contravene any insurance trust agreement or requirement of law.
21.4.3 The Board may enter into a written agreement with a reputable
financial institution or trust or escrow company that the institution or company shall act as an
insurance trustee to adjust and settle any claim for casualty loss in excess of $50,000, or for
the institution or company to collect the insurance proceeds and carry out the provisions of
this Article 21.
The Board may expend so much of the insurance proceeds and Association funds as the
Board deems reasonably necessary for Emergency Work (which Emergency Work may include but
is not necessarily limited to removal of the damaged improvements and clearing, filling, and grading
the land), and the remaining funds, if any, and the property shall thereafter be held and distributed
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as provided in Section 21.5. The cost of Repair or replacement in excess of insurance proceeds,
reserves, and deductibles paid by Owners, is a Common Expense.
Section 21.5 Effect of Decision Not to Repair. If all of the damaged or destroyed portions
of the insured property are not repaired or replaced:
21.5.1 The insurance proceeds attributable to the damaged Common
Elements shall be used to restore the damaged area to a condition compatible with the
remainder of the Community;
21.5.2 The insurance proceeds attributable to Units and Limited Common
Elements that are not repaired or replaced shall be distributed to the Owners of those Units and
the Owners of the Units to which those Limited Common Elements were allocated or to lien
holders, as their interests may appear; and
21.5.3 The remainder of the proceeds shall be distributed to all the Unit
Owners or lien holders, as their interests may appear, in proportion to their Common Ownership
Interests.
If the Unit Owners vote not to rebuild any Unit, that Unit's Allocated Interests are automatically
reallocated upon the vote as if the Unit had been condemned under Article 22, and the Association
promptly shall prepare, execute, and record an amendment to this Declaration reflecting the
reallocations. Notwithstanding the provisions of this Section 21.5, Article 25 governs the distribution
of insurance proceeds if the Community is terminated.
ARTICLE 22 CONDEMNATION
Section 22.1 Power of Attorney. The Association shall represent the Unit Owners in any
legal proceedings related to the condemnation of all or part of the Common Elements, and shall have
the sole authority to control, negotiate and settle such matters on behalf of the Unit Owners. Each
Owner appoints the Association as attorney -in -fact for the purpose of representing the Owners in
any proceedings, negotiations, settlements or agreements regarding a condemnation of any part of
the Common Elements. Any proceeds from a condemnation shall be paid to the Association for the
benefit of affected Units and their Mortgagees, as set forth herein. Should the Association not act,
based on their right to act pursuant to this Section 22.1, the affected Owners may individually or
jointly act on their own behalf.
Section22.2 Consequences of Condemnation: Notices. If any Unit or portion thereof or
the Common Elements or Limited Common Elements or any portion thereof is made the subject
matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by
a condemning authority, the Association shall promptly give notice of the proceeding or proposed
acquisition to each Owner and Mortgagee and to the Declarant unless each and every Development
Right and Special Declarant Right has expired.
Section 22.3 Condemnation of a Unit. If a Unit is acquired by condemnation, or if part of
a Unit is acquired by condemnation leaving the Unit Owner with a remnant of a Unit that may not
practically or lawfully be used for any purpose permitted by this Declaration, the award must
compensate the Owner for the Owner's Unit and its Allocated Interests, whether or not any Common
Elements are acquired. The award shall be distributed to the Owner or lien holder of the Unit, as
their interests may appear. Upon acquisition, unless the decree otherwise provides, that Unit's
Allocated Interests are automatically reallocated to the remaining Units in proportion to the respective
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Allocated Interests of those Units before the taking, and the Association shall promptly prepare,
execute, and record an amendment to this Declaration reflecting the reallocations. Any remnant of
a Unit remaining after part of a Unit is taken under this Section 22.3 is thereafter a Common Element.
Section 22.4 Condemnation of Part of a Unit. Except as provided in Section 22,3, if part
of a Unit is acquired by condemnation, the award must compensate the Unit Owner for the reduction
in value of the Unit and its Common Ownership Interest, whether or not any Common Elements are
acquired. The award shall be distributed to the Owner or lien holders of the Unit, as their interests
may appear, Upon acquisition, unless the decree otherwise provides: (a) that Unit's Common
Ownership Interest and Common Expense Liability are reduced in proportion to the reduction in the
size of the Unit; and (b) the portion of the Allocated Interests divested from the partially acquired Unit
is automatically reallocated to that Unit and the remaining Units in proportion to the respective
Allocated Interests of those Units before the taking, with the partially acquired Unit participating in
the reallocation on the basis of its reduced Allocated Interests.
Section 22.5 Condemnation of Common Element or Limited Common Element. If part of
the Common Elements is acquired by condemnation, any portion of the award attributable to the
acquisition of a Limited Common Element must be equally divided among the Owners of the Unit to
which that Limited Common Element was allocated at the time of the acquisition, or to lien holders,
as their interests may appear, and the portion of the award attributable to the other Common
Elements shall be distributed to the Association. If the Board determines that a particular Owner's
interest in the Common Elements will be diminished with respect to other Owners by the acquisition
of a Common Element, the Declaration may be amended to adjust that Owner's Common Expense
Liability allocation, or to remove the allocation of a Limited Common Element to that Owner's Unit,
as the case may be.
Section 22.6 Reconstruction and Repair. Any reconstruction and repair necessitated by
condemnation shall be governed by the procedures specified in Article 21.
Section 22.7 Taking of Special Declarant Rights. The Association will have no power to
represent the Declarant in any condemnation or eminent domain proceedings relating to any
Development Rights or Special Declarant Rights. The Declarant, and not the Association, will be
entitled to receive all awards attributable to any Development Rights or Special Declarant Rights.
ARTICLE 23 PROCEDURES FOR SUBDIVIDING OR COMBINING UNITS
Section 23.1 Subdivision or Combination of Units. A Unit may not be subdivided into a
greater number of Units, and two or more Units may not be combined into a lesser number of Units.
This Section 23.1 does not apply to the exercise of Development Rights.
ARTICLE 24 AMENDMENT OF DECLARATION, MAP, ARTICLES OR BYLAWS
Section 24.1 Procedures. Except in cases of amendments that may be executed by the
Declarant, the Association or certain Owners under other provisions of this Declaration or under the
CIC Act, the Declaration, the Map, the Articles and the Bylaws may be amended only by vote or
agreement of the Owners as specified in this Article 24. Provisions in this Declaration pertaining to
Special Declarant Rights that have not expired may not be amended without the consent of
Declarant.
24.1.1 Any Owner or Owners may propose amendments to the Board,
If approved by a majority of the Board, the amendment shall be submitted to the members
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of the Association for their consideration. [fan amendment is proposed by Owners with 20%
or more of the votes in the Association, the Board shall submit the amendment to the
members of the Association for their consideration at the next regular or special meeting for
which timely notice can be given. The notice for any meeting at which an amendment will
be considered shall include the text of the amendment.
24.1.2 Amendments may be adopted at a meeting of the members of the
Association or by such alternative methods as allowed by the Bylaws, after such notice as
is required by the Bylaws and this Declaration has been given to all Persons (including
Mortgagees) entitled to receive notices.
24.1.3 Upon its adoption and the receipt of any necessary consent under
this Article 24, an amendment to the Declaration or the Map will become effective when it is
recorded or filed in the real estate records in the county in which the Community is located.
The amendment shall be indexed in the name of the Community and shall contain a cross-
reference by recording number to the Declaration and each previously recorded amendment
thereto. No action to challenge the validity of an amendment to the Declaration or Map
adopted by the Association pursuant to this Article 24 may be brought more than one year
after the amendment is recorded. An amendment to the Articles shall be effective upon filing
the amendment with the Secretary of State. An amendment to the Bylaws shall be effective
upon adoption.
24.1.4 Amendments under this Section 24.1 shall be prepared,
executed, recorded and certified on behalf of the Association by any officer of the Association
designated for that purpose or, in the absence of designation, by the president of the
Association.
Section 24.2 Consent Required. Except in cases of amendments that may be executed
by a Declarant, the Association, or certain Owners under the CIC Act pursuant to different standards,
including as specified in RCW 64.90.285, the percentages of consent of Owners and Mortgagees
required for adoption of amendments to the Declaration, the Articles and the Bylaws are as follows:
24.2.1 General. Except as set forth elsewhere in this Section 24.2, an
amendment to the Declaration, the Map, Articles or Bylaws shall require the vote or agreement
of Unit Owners holding at least 67% of the Voting Interest in the Association.
24.2.2 Creation of Special Declarant Rights; Increase in .Units: Boundary
Changes; Changes in Allocated Interests. Except to the extent permitted or required under the
CIC Act or this Declaration, an amendment to the Declaration that creates or increases Special
Declarant Rights, increases the number of Units, changes the boundaries of any Unit, or
changes the Allocated Interests of a Unit shall require the vote or agreement of the Owners
holding at least 90% of the Voting Interest in the Association, including the consent of any
Owner of a Unit, the boundaries or Allocated Interests of which will be changed by the
amendment.
24.2.3 Modificationof Allowed and Prohibited Uses. Except to the extent
permitted or required under the CIC Act or this Declaration, an amendment to the Declaration
that allows any use of the Units other than residential use or that prohibits the residential use of
the Units shall require the vote or agreement of the Owners holding at least 90% of the Voting
Interest in the Association. Any such amendment must provide reasonable protection for a use
permitted at the time the amendment is adopted.
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24.2.4 Director and Officer Indemnification. No amendment to any provision
in the Declaration, Articles or Bylaws may restrict, eliminate or modify (i) any right of a director
or officer of an Association to indemnification or any (ii) limitation of liability of such persons, as
to conduct that occurred prior to the amendment. Any current or former director or officer
affected by such amendment, who is not a Unit Owner is a third party beneficiary of this
provision entitled to enforce it.
24.2.5 Special Declarant Rights. No amendment may restrict, eliminate, or
otherwise modify any Special Declarant Right that has not expired without the consent of the
Declarant and any Mortgagee of record with a security interest in the Special Declarant Right
or in any real estate subject thereto. No amendment may restrict, eliminate, or otherwise modify
any right of directors or officers to indemnification for conduct that occurred prior to the
amendment, without the consent of that director or officer.
Section 24.3 Amendments by Declarant. In addition to any other rights to amend the
Governing Documents in the CIC Act or this Declaration, the Declarant may at any time, upon 30
days advance notice to the Association, adopt, execute and record an amendment or supplement to
the Governing Documents to @ correct a mathematical mistake, an inconsistency, or a scrivener's
error, or (ii) clarify an ambiguity in the Governing Documents with respect to an objectively verifiable
fact, including, without limitation, recalculating any Allocated Interest, clarifying or correcting the
location, dimensions or characteristics of the constructed improvements, clarifying or correcting the
as -built boundaries or areas of the Units, or complying with the requirements of Fannie Mae, Freddie
Mac, HUD, VA, lenders, or title insurers, all within five years after the recordation or adoption of the
Governing Document containing or creating the mistake, inconsistency, error or ambiguity. The
Declarant may execute and record any such amendment itself and need not otherwise comply with
the requirements of this Article 24.
ARTICLE 25 TERMINATION OF COMMUNITY
Section 25.1 Action Required. Except in the case of the taking of all Units by
condemnation or a judicial termination of the Community pursuant to the CIC Act, the Community
may be terminated only by (i) agreement of Owners of Units to which at least 80% of the Voting
Interest in the Association is allocated, and (ii) the consent of all the holders, including Declarant, of
any unexpired Development Rights or Special Declarant Rights.
Section 25.2 Limitation on Termination. The Community may not be terminated while the
Declarant has any Development Right or Special Declarant Right without the consent of the
Declarant and any Mortgagee of record with a security interest in the Development Right or Special
Declarant Right or in any real estate subject thereto, excluding Mortgagees of Units owned by
Persons other than the Declarant.
Section 25.3 CIC Act Governs. The applicable provisions of the CIC Act relating to
termination of common interest communities, contained in Section 290 of the CIC Act, as it may be
amended, shall govern the termination of the Community, including, but not limited to, the disposition
of real estate in the Community and the distribution of proceeds from the sale of real estate.
ARTICLE 26 NOTICES
Section 26.1 Form and Delivery, of Notice. Notices to the Association, Board, any Owner
or any occupant of a Unit must be provided in such manner as provided in the CIC Act. Notices to
the Declarant must be provided in a Tangible Medium and must be transmitted by mail, private carrier
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or personal delivery to the following address, or such other address as the Declarant may specify in
written notice to the Board or the Owners:
SSHI LLC
11241 Slater Ave NE, Suite 200
Kirkland, WA 98033
Attn: HOA Department
ARTICLE 27 ASSIGNMENT BY DECLARANT
The Declarant reserves the right to assign, transfer, sell, lease, or rent all or a portion of the
property then owned by it and reserves the right to assign all or any of its rights, duties and obligations
created under this Declaration.
ARTICLE 28 DISPUTE RESOLUTION
Section 28.1 Mediation and Binding Arbitration of Claims. Any and all claims, disputes or
controversies (whether under federal, state or local law) between or between or among any of the
Association, the Board or one or more Unit Owners or Authorized Users arising from or related to (i)
the Governing Documents, (ii) the Community, or (iii) the management oroperation of the Community
or the Association, including, without limitation, any such claim of breach of contract, negligence,
breach of any duty under the Washington Uniform Common Interest Ownership Act or breach of any
alleged duty of good faith and fair dealing (collectively, "Claims"), shall be resolved exclusively by
binding, non-appeable, arbitration as set forth herein. Notwithstanding the foregoing, the following
matters shall not be Claims subject to mandatory mediation or arbitration under this Article 28: (i)
any action or remedy initiated by or against any Mortgagee, (ii) judicial Foreclosure actions, (iii) non -
judicial trustee's sales, (iv) the appointment of a receiver during Foreclosure, or (v) actions to collect
or enforce any order, decision or award rendered by arbitration.
Section 28.2 Initiation of Arbitration; Mediation. If any party to a Claim determines that
the Claim cannot be resolved without intervention, then that party shall give notice in a Tangible
Medium to all other parties to the Claim demanding that the Claim be submitted to mediation and
arbitration pursuant to this Article 28. The parties shall attempt to resolve any Claims in good faith
through mediation at the outset of any arbitration proceeding. Any administrative fees of the
mediation service and fees of the mediator shall be borne equally by the parties to the mediation.
Each party shall pay its own attorneys' fees and costs in connection with the mediation.
Section 28.3 Arbitrators Authority. This Article 28 shall be deemed to be a self-executing
arbitration agreement. Without limiting the authority of the arbitrator under the applicable arbitration
rules, the arbitrator shall have the authority to decide (i) the substance of the Claim and any defenses
and counterclaims relating thereto, (ii) procedural or evidentiary issues, (iii) issues relating to
discovery, (iv) issues relating to applicable law, and (v) issues as to the interpretation or the
enforceability of this arbitration agreement, including, without limitation, its revocability,
unconscionability or voidability for any cause, the scope of arbitrable issues. The arbitrator shall
have the authority to award both damages and injunctive relief and to enforce the arbitration award.
The arbitrator shall not have the authority to award punitive or exemplary damages.
Section 28.4 Arbitration Fees. All administrative fees of the arbitration service and fees
of the arbitrator shall be borne equally by the parties to the arbitration, subject to the discretion of the
arbitrator to reallocate such fees in the interests of justice.
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Section 28.5 Arbitration Service: Arbitrator. The arbitration shall be conducted by the
American Arbitration Association pursuant to its Construction Industry Arbitration Rules in effect as
of the date of the arbitration demand. The arbitrator shall possess sufficient knowledge in single
family plat communities as determined by the arbitration service.
Section 28.6 Arbitration Procedures and Hearing. All arbitration hearings and meetings
shall occur in the county in which the Community is located. The arbitrator shall apply the substantive
law of the State of Washington. The arbitrator may allow factual discovery of information from the
parties and witnesses to the extent reasonably relevant to claims and damages at issue but shall
protect the parties from irrelevant, burdensome or unreasonable discovery. Prior to the arbitration
hearing, the parties must agree upon a written statement of the claim theories to be arbitrated. The
arbitrator shall schedule the arbitration hearing for the earliest possible time that is consistent with
fairness to the parties and the complexity of the issues. A party may request a stenographic record
of the arbitration hearing. At the conclusion of the hearing in making the award, the arbitrator shall
state in writing the theories raised by the parties and on which the award is based.
Section 28.7 Attorneys' Fees and Costs. The arbitrator shall have the authority to award
actual reasonable attorneys' fees and costs to the prevailing party. An attorneys' fee award shall be
calculated based upon the actual reasonable hours spent multiplied by a reasonable hourly rate
given the experience and knowledge of the biller, without adjustment for risk, delay or difficulty. An
attorneys' fee award must be reasonable under the Washington Rules of Professional Conduct. For
purposes of this section, a party is a prevailing party if it recovers the majority of the relief it has
claimed, or if it prevents another party from recovering the majority of the relief it has claimed,
including the enforcement of this Article 28. It may be appropriate in some cases to determine the
prevailing party on a claim by claim basis. In some cases there may be no prevailing patty.
Section 28.8 Finality. The decision and award of the arbitrator shall be final and binding
and may not be appealed to an arbitration panel or a court. The arbitrator's decision and award and
may be entered as a judgment in any state or federal court of competent jurisdiction, and a party
may institute judicial proceedings to enforce the arbitration award.
Section 28.9 _Applicability of Arbitration Acts. The parties expressly agree that the use,
operation, management, development, maintenance, repair and replacement of the Community
involve and concern interstate commerce and are governed by the provisions of the Federal
Arbitration Act (9 U.S.C. § 1, et seq.) and the Washington Uniform Arbitration Act (Chapter 7.04A
RCW) now in effect and as the same may from time to time be amended, to the exclusion of any
inconsistent state or local law, ordinance or judicial rule. To the extent that any state or local law,
ordinance orjudicial rule shall be inconsistent with any provision of the rules of the arbitration service
under which the arbitration proceeding shall be conducted, the rules of the arbitration service shall
govern the conduct of the arbitration.
Section 28.10 Applicability of Statutes of Limitations. No Claim can be asserted in
arbitration after the date such claim could be asserted in a judicial proceeding under applicable
statutes of limitation and repose.
Section 28.11 Enforceability. This Article 28 shall inure to the benefit of, and be
enforceable by, the Association, the Board, the Unit Owners and Authorized Users and their
respective members, managers, officers, directors, employees, agents, attorneys and insurers. The
initiation by any party who reserves the right to arbitrate of a judicial proceeding concerning this
arbitration agreement or any matter arbitrable hereunder, or the filing of a [is pendens, shall not be
deemed a waiver of the right to arbitrate or to enforce this arbitration agreement, and, notwithstanding
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any provision of law to the contrary, shall not be asserted or accepted as a reason to delay or refuse
to participate in arbitration, or to refuse to enforce this arbitration agreement.
Section 28.12 Severability. If any provision of this Article 28 shall be determined by the
arbitrator or by any count to be unenforceable or to have been waived, the remaining provisions shall
be deemed to be severable therefrom and enforceable according to their terms.
Section 28.13 Waiver of Right to Judicial Proceedings. Each person subject to this
Declaration waives any right it may have to institute a. judicial proceeding to decide a Claim, to
demand arbitration under chapter 64.50 of the Revised Code of Washington, or to demand a trial de
novo after arbitration under chapter 64.50 of the Revised Code of Washington.
Section 28.14 Waiver of Right to Jury Trial. Each person subject to this Declaration
waives any right it may have to a jury trial under federal or state law as to any dispute between them
arising from or involving a Claim. In addition, if the arbitration provisions of this Article 28 are deemed
entirely or partially invalid, void or unenforceable by the arbitrator or a judge, such that the parties
are not required to resolve their disputes through binding arbitration for any reason, any and all
Claims shall be tried before a judge in a court of competent jurisdiction in the State of Washington in
the county where the Community is located, and not before a jury, and all parties waive any right to
a trial by jury.
Section 28.15 Survival. The provisions of this Article 28 shall survive the transfer by any
party of its interest or involvement in the Community or any Unit and the termination of this
Declaration.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK;
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DECLARATION -MEADOW VIEW ESTATES PAGE 48-
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DECLARANTS SIGNATURE PAGE FOR
DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS
Date:
STATE OF WASHINGTON
) ss.
COUNTY OF KING
SSHI LLC, a Delaware limited liability
company dba D.R. Horton
By: SHLR of Washington, Inc., a
Washingt9m core ation, it's Manager
By: �555�,Z
Kevin Capuzz' tle Division President
I do hereby certify that Kevin Capuzzi, personally known to me to be the Seattle Division President
of SHLR of Washington, Inc., a Washington corporation, the Manager of SSHI LLC, a Delaware
limited liability company, the company that executed the within and foregoing instrument, appeared
before me and acknowledged said instrument to be the free and voluntary act and deed of said
company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to
execute said instrument.
DATED: 51L—IA
KATHERINE E ORNI
NOTARY PUBLIC
STATE OF WASHIINGTON
License Number 84852
My Ccmmisslcn Expires August 34, 2022
(Print Name)
Notary Public for the tate of Washington
Residing at: 1AJQ ✓ /
My commission expires: Z.
DECLARATION- MEADQVV VIEW ESTATES SIGNATURE PAGE
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SCHEDULE A
Meadow View Estates
DESCRIPTION OF REAL ESTATE SUBJECT TO DECLARATION
LOT 4, BLOCK 2, CEDAR RIVER nVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 16 OF PLATS, PAGE 52, RECORDS OF KING COUNTY, WASHINGTON.
DECLARATION -MEADOW VIEW ESTATES SCHEDULE A
Instrument Number: 20190328000335 Document:COV Rec: $151.00 Page -
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SCHEDULE B
Meadow View Estates
MAINTENANCE RESPONSIBILITY CHART
UNIT IMPROVEMENT.
OWNED BY:
MAINTAINED BY:
PAID FOR BY:
Home and Structures on Unit
Unit Owner
Unit Owner
Unit Owner
Yards, improvements and landscaping on
Unit
Unit Owner
Unit Owner
Unit Owner
Portions of Utility Installations serving only
one Home
Unit Owner
Unit Owner
Unit Owner
Private Storm Drainage Easement
Unit Owner
Benefitted Unit Owners
Benefited Unit Owners
Landscape Strip Along Frontage
Unit Owner
Unit Owner
Unit Owner
Street Planter Strips - Landscaping
City of Renton
Unit Owner
Unit Owner
LIMITED COMMON ELEMENT
OWNED BY:
MAINTAINED BY,
PAID FOR BY:
None
COMMON ELEMENTS
OWNED BY:
MAINTAINED BY:
PAID FOR BY:
Tract 999
Unit Owners (equal and
undivided), subjectto Public
Storm Drainage Easement
Association maintains Tract, including
landscaping outside of fence; City has the
right to maintain public storm drainage
facilities and fence within Public Storm
Draina a Easement
Association: Assessed to all Units
City pays for maintenance of storm drainage
facilities that it maintains within Public Storm
Draina a Easement
7.5' Landscape Buffer on Lot 14
Unit Owner
Association
Association: Assessed to all Units
Landscape and fencing on Storm Tract
Unit Owners (equal and
undivided
Association
Association: Assessed to all Units
Mail Kiosk
Association
Association
Association: Assessed to all Units
PUBLIC PROPERTY
OWNED BY:
MAINTAINED BY:
PAID FOR BY:
Public Street Landscaping TREES ONLY
Ci of Renton
Ci of Renton
City of Renton
Utili Installations Serving Multiple Homes
Public/Private
PubliclPrivate
PublictPdvate Utili Com an
Fencing within 154t Ave NE ROW
CitY of Renton
I Association
Association
Public Storm Drainage Facilities in Tract 999
_q!ty of Renton
I City of Renton
City of Renton
DECLARATION —MEADOW VIEW ESTATES SCHEDULE B