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CITY OF RENTON
CITY CLERK'S OFFICE 01 10 0 III III 001 1111 I I
1055Grady Way 20050415001265
RENTONON,,WA 98055-2189
CITY OF RENTON COV 52.00
PAGE001 OF 034
04/15/2005 11:49
KING COUNTY, WA
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet(RCW 65.04)
Document Title(s)
1. Declarations, Covenants, Easements and Restrictions for Westchester Kennydale
Reference Number(s) of Documents assigned or released:
❑ Additional reference numbers are on page
Grantor(s) (Last name first,then first name and initials)
1. Camwest Westchester LLC
2.
❑ Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1. CITY OF RENTON
❑ Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Portion of the SW 1/4,NE V4 Sec. 05, Twn 23 N,Rge 5 E, W.M.
. 3 ,
❑ Additional legal on page 33 of document.
Assessor's Property Tax Parcel/Account Number:
334-i3goa3(0o 91at alao, t ( -
❑ Assessor Tax# yetassigned
not eProp.Mgmt Initials
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS,
AND RESERVATIONS FOR WESTCHESTER KENNYDALE
A Subdivision
Grantor/Declarant: CAMWEST WESTCHESTER LLC., a Washington limited liability
corporation
Additional names on pg.N/A
Grantee: WESTCHESTER KENNYDALE HOMEOWNERS ASSOCIATION
Additional names on pg.N/A
Legal Description: SW 1/4,NE 1/4, SEC. 5, T. 23 N., R. 5 E., W.M.
Official legal description on Exhibit A
Assessor's Tax Parcel ID#: 3343902360, 2721, 2720, 1924
Reference# (if applicable):
03/09/05 11:27 AM
DECLARATION
OF
COVENANTS, CONDITIONS, RESTRICTIONS, AND RESERVATIONS
FOR
WESTCHESTER KENNYDALE
A Subdivision
03/09/05 11:27 AM
This Declaration is made as of this day of Kcir'ch , 2005, by CamWest
Westchester LLC., a Washington limited liability company, hereinafter referred to as
"Declarant."
RECITALS
A. Declarant is the owner of that certain real property and improvements located within
the City of Renton, County of King, State of Washington, commonly known as Westchester
Kennydale, referred to hereinafter as "Westchester Kennydale" or the "Property," which is
more particularly described in Exhibit A attached hereto.
B. Declarant desires to create an association at Westchester Kennydale to provide for the
maintenance, preservation, and architectural control of the Lots, Private Access and/or Utility
Easements and Common Areas (all as defined below) within the community and to promote
the health, safety, happiness, and welfare of the residents of the community.
C. For the benefit and protection of the Property, to enhance its value and attractiveness,
Declarant provides herein for a comprehensive system of land-use and building controls
within the Property.
SUBMISSION OF THE PROPERTY
TO THIS DECLARATION
Declarant, being the sole owner of the Property,perty, hereby makes this Declaration for the
purpose of submitting the Property to this Declaration, and declares that the Property
described above shall be held, sold, conveyed, encumbered, leased, rented, occupied and
improved subject to the following covenants, conditions, restriction, reservations, grants of
easement rights, rights of way, liens, charges and equitable servitudes, which are for the
purpose of protecting the value and desirability of the Property and shall be binding on all
parties having any right, title or interest in the Property or any part thereof, and shall inure to
the benefit of each owner thereof. This Declaration shall run with the land and bind
Declarant, its successors and assigns, all subsequent owners of the Property or any part
thereof, together with their grantees, successors, heirs, executors, administrators, devisees or
assigns. Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the
Property, shall and hereby is deemed to incorporate by reference all provisions of this
Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot
Owner,the Association, and any first Mortgagee of any Lot.
Article 1. DEFINITIONS
Section 1.1 Definitions. For the purposes of this Declaration and any amendments
hereto,the following definitions shall apply.
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"Architectural Control Committee" shall mean the Board, as defined below, or a
committee by that name designated by the Board.
"Articles" shall mean the articles of incorporation of the Association, as defined
below.
"Assessments" shall mean all sums chargeable by the Association against a Lot,
including, without limitation: (a) general and special assessments for maintenance, repair or
replacement of the Common Areas; (b) special assessments for maintenance, repair or
reconstruction of the Private Access and/or Utility Easements; (c) special assessments against
a Lot Owner for work done on the Owner's Lot; (d) fines imposed by the Association;
(e) interest and late charges on a delinquent Owner's account; and (f) costs of collection,
including reasonable attorneys' fees, incurred by the Association in connection with the
collection of a delinquent Owner's account.
"Association" shall mean the Westchester Homeowners Association, a Washington
non-profit corporation, as described more fully in Article 3, and its successors and assigns.
"Board" shall mean and refer to the Board of Directors of the Association, as provided
for in Article 3.
"Bylaws" shall mean the bylaws of the Association as they may from time to time be
amended.
"City" shall mean the City of Renton, Washington.
"Common Areas" shall mean all real property and improvements described in Section
2.1.
"Declarant" shall mean CamWest Westchester LLC., a Washington limited liability
corporation, and its successors and assigns if such successors or assigns should (i) acquire
more than one Lot from the Declarant for the purpose of development, and (ii) be specifically
assigned the rights and duties of Declarant by written instrument in recordable form.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions, and
Reservations for Westchester Kennydale and any amendments thereto.
"Home" shall mean a structure located on a Lot which is designed and intended for
use and occupancy as a residence or which is intended for use in connection with such
residence.
"Lot" shall mean and refer to any of the 37 numbered lots shown on the recorded Plat
of the Property except for lot 25, which shall not be part of the Westchester Kennydale
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Homeowners Association. Ownership of a Lot shall include ownership of the Home and
improvements now or hereafter constructed on the Lot.
"Member" shall mean a person entitled to membership in the Association pursuant to
Section 3.5.
"Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against
a Lot and shall also mean a real estate contract for the sale of a Lot.
"Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner,
of an encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the
designee of vendor, of a real estate contract for the sale of a Lot. For the purpose of
determining the percentage of first Mortgagees approving a proposed decision or course of
action, a Mortgagee shall be deemed a separate Mortgagee for each Lot on which it holds a
Mortgage which constitutes a first lien on said Lot Mortgagees shall have the same voting
rights as the owners of any Lot subject to such Mortgage.
"Notice and Opportunity to be Heard" shall mean the procedure wherein the Board
shall give written notice of the proposed action to all Owners, tenants or occupants of Homes
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 writing or both (as specified in the notice), subject to reasonable rules of
procedure established by the Board to assure 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.
"Owner" shall mean the owner of record, whether one or more persons or entities, of a
fee simple title to any Lot and, except as may be otherwise expressly provided herein, shall, in
the case of a Lot which has been sold pursuant to a real estate contract, include any person of
record holding a vendee's interest under such real estate contract, to the exclusion of the
vendor thereunder. Any person or entity having such an interest merely as security for the
performance of an obligation shall not be considered an owner.
"Person" shall include natural persons, partnerships, corporations, associations and
personal representatives.
"Plat" shall mean the plat of Westchester Kennydale recorded at Volume ,Z21 of
Plats, at pages through Recorder's File No. 200 S Oaf 1 $00 1,264, records
of King County, ashington.
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"Private Joint Access and/or Utility Easements" shall mean shall mean the private
access and/or easements benefiting certain Lots, as shown on the Plat and referred to in Plat
General Notes 7, 8, 9, 12, 13, & 17.
"Property" shall mean that portion of the Plat described in Exhibit A attached hereto.
"Structure" shall mean any building, fence, wall, pole, driveway, walkway, patio,
swimming pool, or the like.
"Transition Date" shall mean the earlier of the following: (i) the date on which the
votes of the Class A members of the Association equal the votes of the Class B member or(ii)
the seventh anniversary of the date of recording of this Declaration.
Article 2. COMMON AREAS
Section 2.1 Description of Common Areas. The Common Areas are comprised of
the following:
Tracts A& B for access and utilities
Private access easement over Lots 3 and 4 for access to Tract A
Private access easement over Lots 21 and 22 for access to lots 19 and 20
Private access easement over Lot 27 for access to lot 26
Landscape&Entry monument over lot 37 and adjacent public right-of-way
Section 2.2 Dedication of Common Areas. Declarant, by recording the Plat,
dedicates, transfers and conveys Tracts A and B and any easements appurtenant thereto to the
Association.
Section 2.3 Use of Common Areas. Each Owner shall have the right to use the
Common Areas in common with all other Owners, subject to this Declaration, the Bylaws,
any rules and regulations adopted by the Association, and the following:
2.3.1 The Association may totally bar or restrict use of portions of the
Common Areas where ordinary use could be dangerous, unreasonably increase Association
costs, or be detrimental to the environment, or is inconsistent with its designation as a
Sensitive Area on the Plat.
2.3.2 The Association shall have the right to suspend the voting rightsby any
Owner for any period during which any assessment against such Owner's Lot remains unpaid,
and for a period not to exceed 60 days for any, and for each separate, infraction of the
Association's published rules and regulations.
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2.3.3 The Association shall have the right to dedicate or transfer all or any
portion of the Common Areas, including easements thereon, to any public agency, authority,
or utility for such purposes and subject to such conditions as may be agreed to by the
Members. No such dedication or transfer shall be effective unless two-thirds of each class of
Members vote or consent in writing to such dedication or transfer. The instrument dedicating
or transferring all or any portion of the Common Areas shall be executed by the president and
secretary of the Association who shall certify that the requisite vote or consent has been
obtained.
Section 2.4 Storm Detention Tract. Tract A contains the storm detention vault for
the Property. The Association shall be responsible for all maintenance, repair and
replacement of the storm detention vault and the common storm drainage system it serves.
The Owners of Lots served by the access road from the public road over Tract A shall be
responsible for the cost of maintenance, repair and replacement of the road and any utilities
used in common by such Lots pursuant to Section 2.6; provided that the Association shall be
responsible restoring the access road following any repairs to the detention vault or common
storm drainage system.
Section 2.5 Landscape and Entry Signage easement; Lot 37. Easement over lot 37
and public right-of-way contains the entry signage for the Property and landscaping. The
Association shall be responsible for all maintenance, repair and replacement of the entry
signage, landscaping, irrigation, and lighting within the easement and the black aluminum
fence separating the easement and Lot 37 as well as the extension of the black aluminum
fence along the southern boundary of Lot 37. The Owner of Lot 37 shall maintain and
replace, if necessary, a cedar hedge on Lot 37 adjacent to the fence and easement and the
southern boundary line of Lot 37. If the Owner of Lot 37 fails to maintain or replace the
hedge, the Association shall, after Notice and Opportunity to be Heard provided to the Owner
of Lot 37, perform such maintenance or replacement as required and assess the cost against
the Owner. The Association shall be responsible for maintaining the landscaping in the right-
of-way between the easement and Lot 37 and NE 20th Street.
Section 2.6 Private Joint Access and/or Utility Easements. As described in General
Notes 7, 8, 9, 12, 13, & 17 of the Plat,there are various private access and/or utility easements
which benefit certain Lots. Declarant, by recording the Plat, grants such easements to the
Owners of the Lots benefited. The Association, at the request and cost of the Owners served
by an easement, shall be responsible for the maintenance of shared facilities within the
easement, as provided in Section 2.9.
Section 2.7 Delegation of Use. Any Member may delegate, in accordance with
such rules and regulations as the Association shall promulgate, his or her right of use and
enjoyment of the Common Areas to family members, guests, and tenants of such Member.
Each Owner shall be responsible for informing such Owner's family members, guests,
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tenants, and service personnel of the contents of this Declaration as well as any rules and
regulations that may be adopted by the Association as they may relate to the use and
enjoyment of the Common Areas. Each Owner shall be personally liable for any damage to
any Common Areas or any other area maintained by the Association or to any other property
of the Association, whether real or personal, caused by the Owner or the Owner's family
member, guest, tenant, agent, workman, contractor or other licensee or invitee. The
Association may have a lien upon the Owner's Lot for the amount of such damages as
determined by the Board after Notice and Opportunity to be Heard.
Section 2.8 Fencing. The Declarant has installed fencing along the perimeter of the
north, south, east and west property lines. Each property shall have full responsibility for the
maintenance, repair and replacement of such fencing within their respective property
boundaries; except that the Association shall maintain the black aluminum fencing along the
south boundary of Lot 37.
Section 2.9 Maintenance; Right-of-Way Street Trees. The Association shall have
full responsibility for the maintenance, repair, replacement and improvement of the Common
Areas, and upon request of the Owners served by a Private Joint Access and/or Utility
Easement as provided below, the a Private Joint Access and/or Utility Easement. All such
areas and facilities shall be reasonably maintained for their intended use, subject to applicable
governmental restrictions. The cost of maintenance, repair and replacement of the driveway
over Lots 3, 4 and Tract A shall be paid by or allocated to the Owners of those Lots; provided
that the Association shall be responsible for restoring any damage to the driveway resulting
from work done on the drainage vault or common drainage facilities under the driveway. The
Association shall, upon the written request of a majority of the Owners of the Lots served by a
Private Joint Access and/or Utility Easement, perform such maintenance, repairs or
reconstruction of the portion of the facilities within the tract or easement used in common as
may be requested by the Owners. If one or more of the Owners served by a Private Joint
Access and/or Utility Easement, but less than a majority of those served or benefited, makes a
written request to the Association to have maintenance, repairs or reconstruction of a portion
of the facilities within the easement used in common, the Board shall, after Notice and
Opportunity to be Heard given to all of the Owners benefited by the easement, decide whether
it is reasonably necessary for the maintenance, repair or reconstruction to be done. The cost
of such maintenance, repairs or reconstruction shall be assessed equally against each of the
Lots. The Association shall also maintain and replace as necessary the street trees within the
right-of-way adjacent to Lots within the Plat until the City or its successor has adopted a
maintenance program.
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Article 3. HOMEOWNERS ASSOCIATION
Section 3.1 Establishment. There is hereby created an association called the
Westchester Kennydale Homeowners Association or such other name as Declarant or the
Board shall determine(the"Association").
Section 3.2 Form of Association. The Association shall be a nonprofit corporation
formed and operated under the laws of the State of Washington.
Section 3.3 Articles and Bylaws. Declarant will adopt Articles of Incorporation
and will propose to the initial Board of Directors the adoption of Bylaws to supplement this
Declaration and to provide for the administration of the Association and the Property and for
other purposes not inconsistent with this Declaration. In the event of any conflict between
this Declaration and the Articles for such nonprofit corporation, the provisions of this
Declaration shall prevail. Bylaws for the administration of the Association and the Property,
and to further the intent of this Declaration, shall be adopted or amended by the Owners at
regular or special meetings; provided that the initial Bylaws shall be adopted by the Board of
Directors. In the event of any conflict between this Declaration and any Bylaws, the
provisions of this Declaration shall prevail.
Section 3.4 Board of Directors. The Association shall be managed by a Board of
Directors who are members of the Association. They shall be elected as set forth in the
Articles of Incorporation and Bylaws of the Association.
Section 3.5 Membership and Voting Rights. The Association shall have two
classes of voting membership:
3.5.1 Class A Members shall be all Owners except the Declarant, and each
Class A Member shall be entitled to one vote for each Lot owned, whether improved or not.
When more than one Person holds an interest in any Lot, all such Persons shall be members.
The vote for such Lot shall be exercised as the joint owners may decide among themselves,
but in no event shall more than one vote be cast with respect to any Lot.
3.5.2 The Class B member shall be the Declarant who shall be entitled to
three votes for each Lot owned by it. The Class B class of membership shall cease and be
converted to Class A membership upon the occurrence of the earlier of the following events:
(i) the votes of the Class A members equal the votes of the Class B member; or (ii) the
seventh anniversary of the date on which this Declaration is recorded.
Section 3.6 Transfer of Membership. The membership in the Association of each
Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership,
and shall not be transferred in any way except upon the transfer of title to the Lot and then
only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be
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void. Any transfer of title to a Lot shall operate automatically to transfer the membership in
the Association to the new Owner.
Section 3.7 Books and Records. The Board shall cause to be kept complete,
detailed, and accurate books and records of the receipts and expenditures of the Association,
in a form that complies with generally accepted accounting principles. The Board or a
majority of the Owners may at any time require an annual audit prepared by an independent
certified public accountant which shall be paid for by the Association.
Section 3.8 Inspection of Association Documents, Books, and Records. The
Association shall make available to Owners, Mortgagees, prospective purchasers and their
prospective mortgagees, and the agents or attorneys of any of them, current copies of this
Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements
of the Association, and the most recent annual audited financial statement, if one is prepared.
"Available" shall mean available for inspection upon request, during normal business hours or
under other reasonable circumstances. The Association may require the requesting party to
pay a reasonable charge to pay the cost of making the copies.
Article 4. MANAGEMENT OF THE ASSOCIATION
Section 4.1 Administration of the Property. The Members covenant and agree that
the administration of the Property shall be in accordance with the provisions of this
Declaration and the Bylaws of the Association which are made a part hereof. Administrative
power and authority shall be vested in the Board.
Section 4.2 Authority and Duties of the Board. On behalf of and acting for the
Association, the Board, for the benefit of the Property and the Members, shall have all powers
and authority permitted to the Board under this Declaration including, but not limited to, the
following:
4.2.1 Levy, collect, and enforce the collection of, assessments, as more
particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the
duties and functions of the Association hereunder.
4.2.2 Require any officer or employee of the Association handling or
responsible for Association funds to furnish adequate fidelity insurance, the premiums for
which shall be paid by the Association.
4.2.3 Enter into agreements with one or more qualified persons to provide for
the maintenance and repair of the Common Areas and Private Joint Private Joint Access
and/or Utility Easements, the collection of assessments, the sending of all required notices to
Owners,the operation of Association meetings, and other regular activities of the Association.
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4.2.4 Contract and pay for any materials, supplies, labor or services which
the Board should determine are necessary or proper for carrying out its powers and duties
under this Declaration, including legal, accounting, management, security patrol or other
services; however, if any materials, supplies, labor or services are provided for particular
Lots, Private Joint Access and/or Utility Easements, or their Owners, the cost thereof shall be
specially charged to the Owners of such Lots or easements. The Board may pay the Declarant
a reasonable fee for any services it performs on behalf of the Association.
4.2.5 All checks, drafts, or other orders for the payment of money, notes, or
other evidences of indebtedness in the name of the Association shall be signed by such officer
or officers, agent or agents of the Association and in such manner as is from time to time
determined by the Board.
Section 4.3 Adoption of Rules and Regulations. When and to the extent it deems
advisable, the Board may adopt reasonable rules and regulations governing the maintenance
and use of the Common Areas and the Property and other matters of mutual concern to the
Members, which rules and regulations are not inconsistent with this Declaration and the
Bylaws and which treat all Members fairly and in a non-discriminatory manner.
Section 4.4 Additional Powers of the Association. In addition to the duties and
powers of the Association, as specified herein and elsewhere in this Declaration, but subject
to the provisions of this Declaration, the Association, acting through its Board, shall have the
power to do all other things which may be deemed reasonably necessary to carry out its duties
and the purpose of this Declaration.
Article 5. ARCHITECTURAL CONTROL
Section 5.1 Construction and Exterior Alterations or Repairs.
5.1.1 All Structures (including, without limitation, concrete or masonry
walls,rockeries, driveways, fences, hedges, swimming pools, if any, or other Structures)to be
constructed, erected, placed or altered within the Property, all exterior alterations and repairs
(including, but not limited to, re-roofing or repainting) of any Structures on the Property and
visible from any street or other Lot, and any construction or alteration of landscaping on the
Property must be approved by the Board or an Architectural Control Committee ("ACC")
composed of three or more representatives appointed by the Board; provided, that until
completed Homes have been constructed on all of the Lots, Declarant shall act as the ACC.
Complete plans and specifications of all such proposed buildings, structures, exterior
alterations and repairs, or landscaping together with detailed plans showing the proposed
location of the same on the particular building site and other data requested by the ACC shall
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be submitted to the ACC before construction, alteration or repair is begun. Construction,
alteration or repair shall not be started until written approval thereof is given by the ACC.
5.1.2 The ACC will review submittals as to the quality of workmanship and
materials planned and for conformity and harmony of the exterior design with proposed or
existing structures on the Lots and, as to location of the building, with respect to topography,
finish grade elevation and building setback restrictions and compliance with the Plat, in
accordance with architectural guidelines to be adopted by the ACC. Depending upon the
proposal, the plans may require additional review by engineers, architects, other design
professionals and/or governmental agencies.
5.1.3 All plans and specifications submitted for approval by the ACC must
be submitted in duplicate at least 30 days prior to the proposed construction or exterior
alteration or repair starting date. In the event the ACC fails to approve or disapprove such
design and location within 30 days after said plans and specifications have been submitted to
it, the ACC will be deemed to have given its approval. Approval by the ACC does not
preclude or replace any required governmental agency approval.
5.1.4 The maximum height of any building shall be established by the ACC
as part of plan approval and shall be given in writing together with the approval. If the ACC
has failed to disapprove such design and location within the 30 day limit, and such design and
location is thereby deemed approved, the maximum height of any building shall be no greater
than 30 feet and must also comply with local zoning, land use and building codes.
5.1.5 The ACC may require that all plans or specifications be prepared by an
architect or a competent house designer approved by the ACC. One complete set of the plans
and specifications shall in each case be delivered to and permanently left with the ACC. All
buildings or structures shall be erected or constructed, and all exterior alterations or repairs
made, by a contractor, house builder or other person or entity approved by the ACC. The
ACC shall have the right to refuse to approve any design, plan or color for such
improvements, construction or exterior, alteration or repair visible from a street or other Lot
which is not suitable or desirable, in the ACC's opinion, and such refusal may be based
entirely on aesthetic or other factors.
5.1.6 In evaluatinganydesign, the ACC mayconsider the suitabilityof the
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proposed building or other structure, the material of which it is to be built, the exterior color
scheme,the site upon which such buildings or structures are proposed to be built,the harmony
thereof with the surroundings, and the effect or impairment that such building or structure will
have on the view or outlook of surrounding Lots, compliance with the Plat, and any and all
other factors which, in the ACC's opinion, shall affect the desirability or suitability of such
proposed structure, building, improvements, or exterior alteration or repair.
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5.1.7 The ACC shall have the right to disapprove the design or installation of
a swimming pool or any other recreational structure or equipment deemed undesirable, in the
ACC's reasonable opinion, based on aesthetic factors or otherwise. The ACC mayconsider
p
the visual impact of the proposed structure or equipment and the noise impact of the related
activities upon all nearby Lots or Common Areas. Any enclosure or cover used in connection
with such a recreational structure or equipment whether temporary, collapsible or seasonal,
shall be treated as a permanent structure for purposes of these covenants, and shall to be
subject to all the conditions, restrictions, and requirements as set forth herein for all buildings
and structures.
5.1.8 The ACC may require, at the Owner's expense, the trimming, topping
or, if deemed necessary by the ACC, removal of any tree, hedge or shrub on the Owner's Lot
which the ACC determines is reasonably blocking or interfering with the view or access to
sunlight of another Lot or any Common Area.
5.1.9 Declarant (including any successor in interest to Declarant's status as
Declarant) shall not be subject to the restrictions of this Section 5.1 as to any Lot owned by
Declarant.
5.1.10 By majority vote, the ACC may adopt or amend architectural
guidelines consistent with this Declaration for making its determinations hereunder.
5.1.11 No Structure shall be erected, altered, placed or permitted to remain on
any Lot unless the Structure complies with the Plat and with applicable building codes. The
ACC may require that the Owner furnish the ACC with evidence that all necessary permits
have been obtained from the City for any work on a Lot for which ACC approval is required
under this Section prior to commencement of the work.
Section 5.2 Declarant Facilities. Notwithstanding any provision in this Declaration
to the contrary, Declarant and its agents, employees and contractors shall be permitted to
maintain during the period of sale of Lots or Homes upon such portion of the Property (other
than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of
the Declarant may be reasonably required, convenient or incidental to the construction, sale or
rental of Lots and Homes, including but not limited to a business office, storage area, signs,
model units, sales office, construction office and parking areas for all prospective tenants or
purchasers of Declarant.
Article 6. USE AND MAINTENANCE OBLIGATIONS OF OWNERS
Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs
which are to be performed by the Association pursuant to the provisions of this Declaration,
each Owner, at said Owner's cost and expense, shall promptly and continuously maintain,
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repair, replace and restore the Home and other Structures or improvements on the Owner's
Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all
applicable laws, the provisions of this Declaration, and any rules and regulations of the
Association. If any Owner fails to maintain, repair, replace or restore the Owner's Home,
other Structures located on the Lot, or the Owner's Lot,the Association may, after Notice and
Opportunity to be Heard, at the Owner's cost and expense, maintain, repair, replace or restore
such items or areas and the Owner shall pay or reimburse the Association on demand for all
such costs and expenses. All trees, hedges, shrubs, and flowers shall be kept in an attractive,
neat, trimmed and pruned condition. Owners shall not allow their Lots to become overgrown
or unkempt so as to create a visual nuisance. Leaves, clippings, dead plants and other yard
waste shall be placed in a compost pile or appropriate containers for disposal.
Section 6.2 Restrictions on Storage. No Owner shall store or allow any occupant
or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or
trucks over two tons (except those used by Declarant in connection with the development of
the Property or construction of the Homes) or any disabled or inoperable motor vehicle on the
Property unless any such vehicle is completely enclosed and hidden from view within a
garage or within such other enclosure as may be approved in advance by the ACC. Violations
of this Section shall subject such vehicles to impound, at the expense and risk of the owner
thereof.
Section 6.3 Roads and Sidewalks. The road and sidewalks located within the
Property shall be used exclusively for normal access, ingress and egress, and no obstructions
shall be placed thereon or therein except by express written consent of the Board. The Board
may adopt rules and regulations governing parking within the Property by Owners and their
guests.
Section 6.4 Residential Use. All Lots and Structures located thereon shall be used,
improved and devoted exclusively for residential purposes only, including: (i) sleeping,
eating, food preparation for on-site consumption by occupants and guests, entertaining by
occupants or personal guests, and similar activities commonly conducted within a residential
dwelling (without regard to whether the Owner or occupant uses the Home as a primary or
secondary personal residence, on an ownership, rental, lease or invitee basis) or such other
reasonable ancillary purposes commonly associated with residential dwellings and otherwise
in compliance with this Declaration and all applicable laws for residential dwellings; (ii) for
use as a home office or for a home occupation not involving use by nonresident employees or
regular visits by customers or clients; (iii) for the common social, recreational or other
reasonable uses normally incident to such purposes; and (iv) for purposes of operating the
Association and managing the Property.
Section 6.5 No Nuisances. No noxious or offensive conditions shall be permitted
upon any Lot or improvement thereon, nor shall anything be done thereon which is or may
become an annoyance or nuisance to other occupants on the Property.
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Section 6.6 Restriction on Further Subdivision. No Lot, or any portion of a Lot in
the Property, shall be divided and sold or resold, or ownership changed or transferred
whereby the ownership of any portion of the Property shall be less than the area required for
the use district in which the Property is located; provided, the foregoing shall not prohibit
deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.
Section 6.7 Garbage and Trash Removal. No Lot, Private Joint Use Driveway
Tract, or Common Area shall be used as a dumping ground for rubbish, trash, garbage, litter,
junk and other debris. All garbage, trash and yard waste shall be placed in appropriate
sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the
prompt and regular disposal of all of garbage, trash, junk and yard waste from the Owner's
Lot. All containers for garbage, trash and yard waste may be placed in public view only on
the designated collection day.
Section 6.8 Animal Restrictions. No insects, reptiles, poultry or animals of any
kind shall be raised, bred or kept in or on any Home or Lot, or on any Private Joint Use
Driveway Tract, or on any Common Area, except that domesticated dogs, cats or other usual
household pets (hereinafter referred to as "pets") not exceeding in aggregate two per Home
may be kept on the Lots subject to rules and regulations adopted by the Board. No dog
houses, kennels, dog runs or the like may be kept or maintained on any Lot or on the outside
of any Home. All pets when outside a Home shall be maintained on an adequate leash or
other means of physically controlling the pet, by a person capable of controlling the pet at all
times or by a suitable invisible electronic confinement system not dangerous to humans. Pets
shall not be allowed to leave excrement on any Lot or on any portion of the Common Areas or
Private Joint Use Driveway Tracts. Any Owner whose pet violates these provisions or who
causes any unreasonable noise or damage to persons or property shall be liable to all such
harmed Owners and their families, guests, and invitees. The Board may, after Notice and
Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing
other Owners unreasonably, and may exercise this authority for specific pets even though
other pets are permitted to remain.
Section 6.9 Signs. No signs shall be displayed to public view on any Lot except (i)
one professionally created sign of not more than one square foot displaying the resident's
name; (ii) one sign of not more than five square feet advertising the Lot for sale or rent, (iii)
signs used by Declarant or other home builders to advertise Lots or Homes for sale, or(iv) the
permanent entry signs for Vineyard Crest.
Section 6.10 Renting and Leasing.
6.10.1 With respect to the leasing, renting, or creation of any kind of tenancy
of a Home, the Owner (except for a lender in possession of a Lot and improvements located
thereon following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust
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sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or renting
less than the entire Home, and for any term less than 30 days, and all leasing or rental
agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws,
with a default of the tenant in complying with this Declaration, the Articles or Bylaws
constituting a default under such lease or rental agreement.
6.10.2 If a Home is rented by its Owner, the Board may collect, and the tenant
or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay
any amounts due the Association hereunder, plus interest and costs, if such amounts are in
default over 30 days. The renter or lessee shall not have the right to contest payment over to
the Board, and such payment will discharge the lessee's or renter's duty of payment to the
Owner for rent to the extent such rent is paid to the Association, but will not discharge the
liability of the Owner (and the Home under this Declaration for assessments and charges) or
operate as an approval of the lease. The Board shall not exercise this power where a receiver
has been appointed with respect to the Home or its Owner, or in derogation of any rights
which a Mortgagee of such Home may have with respect to such rents. Other than as stated
herein,there are no restrictions on the right of any Owner to lease or otherwise rent his Home.
Section 6.11 Zoning Regulations. Zoning regulations, building regulations,
environmental regulations and other similar governmental regulations applicable to the
Property subject to this Declaration shall be observed. In the event of any conflict between
any provision of such governmental regulations and restrictions of this Declaration, the more
restrictive provisions shall apply.
Section 6.12 Business Use. No business of any kind shall be conducted on any Lot
with the exception of (i) the business of the Declarant in developing and selling Homes or
Lots, and (ii) home occupations approved by the Board which do not involve employees,
regular visits by customers or clients, create excess traffic, parking problems, noise, or
otherwise violate this Declaration. Owners shall also comply with all of the requirements of
the appropriate local government concerning the operation of such home occupations. No
business materials, supplies or equipment shall be stored on any Lot within the view of
another Lot, except for items relating to an improvement which is under construction in
conformance with this Declaration. •
Section 6.13 Temporary Residence. No outbuilding,tent, shack, garage, trailer, shed
or temporary building of any kind shall be used as a residence either temporarily or
permanently, except for trailers used by Declarant, builders, or contractors during the
construction period.
Section 6.14 Satellite Dishes. Except as approved by the ACC, no antenna, satellite
dish or similar equipment shall be affixed to the exterior any Structure or otherwise placed on
any Lot. The ACC may regulate the location and screening of any antenna, satellite dish or
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similar equipment which the Owner may have a right to install on the Owner's Lot pursuant
to the federal law.
Section 6.15 Governmental and Plat Requirements. All Structures and other Lot
improvements shall comply with the Plat and all applicable governmental requirements
including, without limitation, minimum setback requirements.
Section 6.16 Oil and Mining Operations. No oil drilling, oil development
operations, oil refining, quarrying or mining operations of any kind shall be permitted upon or
in any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon
or in any Lot. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected,maintained or permitted upon any Lot.
Section 6.17 Use and Disposal of Hazardous Substances. The Owner of each Lot
shall comply with all state, federal and local laws and regulations governing or in any way
relating to the handling, storage, use, dumping, discharge or disposal of any hazardous
substance or material. The owner of each Lot shall not dispose of or discharge any hazardous
substance or materials on any Lot, Private Joint Use Driveway Tract, Common Area, public
street or other area located within the Property.
Section 6.18 Completion of Projects. Any Structures or improvements, including
any repairs or replacement thereof, constructed on any Lot shall be completed as to external
appearance, including finish painting, within six months from the commencement of
construction except for reasons beyond the control of the Owner, in which case a longer
period may be permitted by the ACC. This period may be extended by the ACC due to
inclement weather.
Section 6.19 Mailboxes. Each of the mailboxes and mailbox structures shall be
placed in locations approved by the United States Postal Service. Owners may not damage or
otherwise interfere with a mailbox structure. Parking in front of the mailbox structures is
prohibited.
Section 6.20 Exterior Add-ons. No awnings, air conditioning units, or other
projections shall be placed on or hang from the exterior surfaces of any Home unless they
have been approved by the ACC. Notwithstanding the foregoing, basketball hoops may hang
from exterior surfaces of a Home as long as the hoop is hidden from view from the road
located within the Property.
Section 6.21 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots
when permitted by law. Reasonable and adequate precautions against fires must be taken.
Excessive smoke or soot accumulation from fires shall not be allowed. No other outdoor fires
shall be permitted on the Property, except for fires by Declarant or contractors for burning
construction wastes where all necessary government permits have been obtained.
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•
Section 6.22 Screened Service Areas. Unsightly items must be hidden from view
within a Home or garage or within a fenced or screened area where they will not be seen from
any Lot or road. Unsightly items shall include, but shall not be limited to, garbage and trash,
clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and
ladders. The design and materials used for any fenced or screened area shall be consistent
with the general appearance of the Home and must receive prior approval from the ACC.
Section 6.23 Damage and Repair of Property. Upon any Substantial Damage (as
defined below) to any Home or Lot, the Owner shall promptly restore and Repair (as defined
below) the Home to substantially the same size and design as the original Home. The prior
written consent or vote of the Board and a vote of 67% of the total votes entitled to be cast by
the Owners of the Lots is required to rebuild in accordance with a plan that is different from
the original plan as it may have been modified by alterations approved by the Board. As used
in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board
the estimated damage for the Home exceeds ten percent of the full, fair market value of the
Home before the damage occurred, as determined by the then current assessment for the
purpose of real estate taxation.
Article 7. ASSESSMENTS
Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each
Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in
such deed, is deemed to covenant and agree to pay to the Association any assessment duly
levied by the Association as provided in this Declaration. Such assessments, together with
interest, costs, late charges and reasonable attorneys fees, shall also be a charge on the land
and shall be a continuing lien upon the Lot against which each such assessment is made.
Each such assessment, together with interest, costs, late charges and reasonable attorneys'
fees, shall also be the personal obligation of the person who was the Owner of such Lot at the
time when the assessment fell due. The personal obligation for delinquent assessments shall
not pass to his successor title unless the lien for such delinquent assessments had been
properly recorded prior to title transfer or unless expressly assumed by that party. When
ownership of a Lot changes, assessments payable in installments which have been established
for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day
year.
Section 7.2 Liability for Assessments. Any assessments which may be levied from
time to time pursuant to the authority of the Board shall be established in accordance with this
Article 7, except for assessments levied against Owners for the purpose of paying or
reimbursing the Association for costs incurred or to be incurred in connection with
performing requested maintenance, repairs or reconstruction of facilities share in common
with other Owners within the Private Joint Access and/or Utility Easements pursuant to
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Section 2.9 or for the purpose of paying or reimbursing the Association for costs incurred or
to be incurred in connection with bringing an Owner's Lot into compliance with the
provisions of this Declaration. Declarant shall not be obligated to pay any assessment levied
against any Lots owned by it unless a Home has been constructed on the Lot and the Home is
occupied. No Owner may exempt himself or herself from liability for his assessments by
abandoning the Owner's Lot.
Section 7.3 Association Budget. The Association shall prepare, or cause the
preparation of, an operating budget for the Association at least annually, in accordance with
generally accepted accounting principles. The operating budget shall set forth sums required
by the Association, as estimated by the Board, to meet its annual costs and expenses.
Assessments on each Lot shall commence upon a date specified by the Declarant by notice to
the Association or the Owners. The members of the Association who are obligated to pay
assessments based on a particular budget may reject said budget at a special meeting of the
Association by a vote of 51% of the votes of each class of Members. Until assessments have
commenced, the Declarant shall pay the actual expenses of the Association.
Section 7.4 Levy of General Assessment. In order to meet the costs and expenses
projected in its operating budget, the Board shall determine and levy on every Owner a
general assessment. The Association's operating budget shall be divided by the number of
Lots to determine the amount of one assessment unit. Except as provided in Section 7.3 with
respect to unoccupied Lots owned by the Declarant, each Owner's general assessment shall be
calculated by multiplying the number of Lots owned by the Owner by one assessment unit.
Section 7.5 Amount of General Assessment. The Board shall make reasonable
efforts to determine the amount of the general assessment payable by each Owner for an
assessment period at least 30 days in advance of beginning of such period. Notice of the
general assessment shall thereupon be sent to each Owner subject to assessment; provided,
however, that failure to notify an Owner of the amount of an assessment shall not render such
assessment void or invalid. Any failure by the Board, before the expiration of any assessment
period, to fix the amount of the general assessment hereunder for the next period, shall not be
deemed a waiver or modification in any respect of the provisions of this Article or a release of
any Owner from the obligation to pay the general assessment, or any installment thereof, for
that or any subsequent assessment period.
Section 7.6 Assessment Period. The general assessment fixed for the preceding
period shall continue until a new assessment is fixed. Upon any revision by the Association
of the operating budget during the assessment period for which each budget was prepared, the
Board shall, if necessary, revise the general assessment levied against the Owners and give
notice of the same in the same manner as the initial levy of a general assessment for the
assessment period.
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Section 7.7 Special Assessments. In addition to the general assessments authorized
by this Article, the Association may levy an assessment or assessments at any time against all
Lot Owners, applicable to that year only, for the purpose of defraying, in whole or in part, the
cost of any construction or reconstruction, inordinate repair, or replacement of a Common
Area, or for such other purposes as the Association may consider appropriate; provided,
however, that any such assessment must have the prior favorable vote of a majority of each
class of Members. The amount of each Owner's special assessment for any year shall be
calculated like the general assessment, except that the total special assessment shall be
substituted for the operating budget amount and shall be payable in one or more installments,
as determined by the Board. In addition, costs of the Association incurred pursuant to Section
2.9 for maintenance, repair or reconstruction of facilities shared in common with other
Owners within any Private Joint Access and/or Utility Easement shall be a special assessment
against the Owners served by that Tract or benefited by that easement payable in one or more
installments, as determined by the Board; and costs incurred by the Association for work done
on the Owner's Lot pursuant to Section 6.1 shall be a special assessment against the Owner of
that Lot. Special assessments may be levied either before or after the work is done, in the
discretion of the Board.
Section 7.8 Manner and Time of Payment. Assessments shall be payable in such
reasonable manner as the Board shall designate. Any assessment or installment thereof which
remains unpaid for at least 15 days after the due date to thereof shall bear interest at the rate of
12%per annum, and the Board may also assess a late charge in an amount not exceeding 25%
of any unpaid assessment which has been delinquent for more than 15 days.
Section 7.9 Accounts. Any assessments collected by the Association shall be
deposited in one or more Federally insured institutional depository accounts established by
the Board. The Board shall have exclusive control of such accounts and shall maintain
accurate records thereof No withdrawal shall be made from said accounts except to pay for
charges and expenses authorized by this Declaration.
Section 7.10 Lien. In the event any assessment or installment thereof remains
delinquent for more than 30 days, the Board may, upon 15 days' prior written notice to the
Owner of such Lot of the existence of the default, accelerate and demand immediate payment
of the entire assessment. The amount of any assessment assessed or charged to any Lot plus
interest, costs, late charges and reasonable attorneys' fees, shall be a lien upon such Lot. A
notice of assessment may be recorded in the office where real estate conveyances are recorded
for the county in which this property is located. Such notice of assessment may be filed at
any time at least 15 days following delivery of the notice of default referred to above in this
Section. • The lien for payment of such assessment and charges shall have priority over all
other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1.
Suit to recover a money judgment for unpaid assessments or charges shall be maintainable
without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a
mortgage.
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Section 7.11 Waiver of Homestead. Each Owner hereby waives, to the extent of any
liens created pursuant to this Article, the benefit of any homestead or exemption law in effect
at the time any assessment or installment thereof become delinquent or any lien is imposed
pursuant to the terms hereof.
Section 7.12 Records and Financial Statements. The Board shall prepare or cause to
be prepared for any fiscal year in which the Association levies or collects any assessments, a
balance sheet and an operating (income/expense) statement for the Association which shall
include a schedule of delinquent assessments identified by the number of the Lot and the
name of the Lot Owner; provided, however, such documents need not be prepared by a
certified public accountant unless requested by the Board or a majority of the Owners. The
Board shall cause detailed and accurate records of the receipts and expenditures of the
Association to be kept specifying and itemizing the maintenance, operating, and any other
expense incurred. Such records, copies of this Declaration, the Articles and the Bylaws, and
any resolutions authorizing expenditures of Association funds shall be available for
examination by any Owner at convenient weekday hours.
Section 7.13 Certificate of Assessment. A certificate executed and acknowledged by
the treasurer or the president of the Board (or an authorized agent thereof, if neither the
president nor treasurer is available) stating the indebtedness for assessment and charges or
lack thereof secured by the assessments upon any Lot shall be conclusive upon the
Association as to the amount of such indebtedness on the date of the certificate, in favor of all
persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or
any Mortgagee of a Lot within a reasonable time after request, in recordable form, at a
reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot
may pay any unpaid assessments or charges with respect to such Lot, and, upon such
payment, shall have a lien on such Lot for the amounts paid of the same priority as its lien.
Section 7.14 Foreclosure of Assessment Lien; Attorneys Fees and Costs. The Board
(or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of,
or collect any assessment. In any action to foreclosure the lien of, or otherwise collect
delinquent assessments or charges, any judgment rendered in favor of the Association shall
include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred in
preparation for or in the prosecution of said action, in addition to all costs permitted by law.
Said liens may be foreclosed as a mortgage.
Section 7.15 Curing of Default. The Board shall prepare and record a satisfaction
and release of the lien for which a notice of assessment has been filed and recorded in
accordance with this Article upon timely payment or other satisfaction of all delinquent
assessments set forth in the notice and all other assessments which have become due and
payable following the date of such recordation with respect to the Lot to which such notice of
assessment was recorded, together with all costs, late charges and interest which have accrued
03/09/05 11:27 AM - 21 -
thereon. A fee of twenty-five dollars ($25.00) or such other amount as may from time to time
be set by the Board covering the cost of preparation and recordation shall be paid to the
Association prior to such action. The satisfaction and release of the lien created by the notice
of assessment shall be executed by the president or treasurer of the Association or by any
authorized representative of the Board. For the purpose of this paragraph, the term "costs"
shall include costs and expenses actually incurred or expended by the Association in
connection with the cost of preparation and recordation of the notice of assessment and any
efforts to collect the delinquent assessments, including a reasonable sum for attorneys' fees
and costs.
Section 7.16 Delinquent Assessment Deposit; Working Capital.
7.16.1 A Lot Owner may be required by the Board, from time to time, to make
and maintain a deposit up to three months' estimated monthly assessments, which may be
collected as are other assessments and charges. Such deposit shall be held in a separate fund,
be credited to the Lot owned by such Owner, and be for the purpose of establishing a reserve
for delinquent assessments.
7.16.2 Resort may be had thereto at any time when such owner is ten days or
more delinquent in paying his or her monthly or other assessments and charges. Said deposits
shall not be considered as advance payments of regular assessments. In the event the Board
should draw upon said deposit as a result of a Lot Owner's delinquency in payment of any
assessments, the Owner shall continue to be responsible for the immediate and full payment
of said delinquent Assessment (and all penalties and costs thereon) and thus the full
restoration of said deposit, and the Board shall continue to have all of the rights and remedies
for enforcing such assessment payment and deposit restoration as provided by this
Declaration and by law.
7.16.3 Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to
a refund from the Association of any deposit or reserve account made or maintained with
respect to such Lot pursuant to this or any other section of this Declaration; rather, any such
deposit or reserve account shall continue to be held by the Association for the credit of such
Lot, and the seller/Owner shall be responsible for obtaining from the purchaser appropriate
compensation therefor.
7.16.4 The first purchaser of any Lot shall pay to the Association, in addition
to other amounts due, an amount equal to three months of monthly assessments as an initial
contribution to the Association's working capital. Such working capital contributions shall
not be used to defray Declarant's expenses in completing the construction or development of
the Property, to pay Declarant's contributions to Association reserves or to make up any
deficits in the budget of the Association.
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Article 8. COMPLIANCE AND ENFORCEMENT
Section 8.1 Enforcement.
8.1.1 Each Member, Board member and the Association shall comply strictly
with the provisions of this Declaration and with the Bylaws and administrative rules and
regulations adopted by the Association (as the same may be lawfully amended from time to
time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by
the Board (acting through its officers on behalf of the Association and the Owners) or by the
aggrieved Owner on his own, against the party (including an Owner or the Association)
failing to comply.
8.1.2 In any action or arbitration to enforce the provisions of Section 8.1 or
any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in
such action or arbitration shall be entitled to an award for reasonable attorneys' fees and all
costs and expenses reasonably incurred in preparation for prosecution of said action or
arbitration, in addition to all costs permitted by law.
Section 8.2 No Waiver of Strict Performance. The failure of the Board or
Declarant, as applicable, in any one or more instances to insist upon or enforce the strict
performance of any of the terms, covenants, conditions or restrictions of this Declaration, or
of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a
relinquishment for the future of such term, covenant, condition or restriction, but such term,
covenant, condition or restriction shall remain in full force and effect.No waiver by the Board
of any provision hereof shall be deemed to have been made unless expressed in writing and
signed by the Board.
Section 8.3 Arbitration. Any dispute between the Owners, between an Owner and
the Board or the Association or between an Owner, the Board or the Association and
Declarant shall be determined by arbitration in the King County, Washington, under the
American Arbitration Association (AAA) Commercial Arbitration Rules with Expedited
Procedures in effect on the date hereof, as modified by this Declaration. There shall be one
arbitrator selected by the parties within seven days of the arbitration demand or, if not, then
selected pursuant to the AAA Rules. The arbitrator shall be an attorney with at least five
years owners association, subdivision or real estate law experience. Any issue about whether
a claim must be arbitrated pursuant to this Declaration shall be determined by the arbitrator.
At the request of either party made not later than 45 days after the arbitration demand, the
parties agree to submit the dispute to nonbinding mediation which shall not delay the
arbitration hearing date. There shall be no substantive motions or discovery, except the
arbitrator shall authorize such discovery as may be necessary to ensure a fair hearing, which
shall be held within 90 days of the demand and concluded within two days. These time limits
are not jurisdictional. The arbitrator shall apply substantive law and may award injunctive
relief or any other remedy available from a judge including attorney fees and costs to the
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•
prevailing party, but the arbitrator shall not have the power to award punitive damages. This
arbitration provision shall not cover claims by the Association for collection of assessments;
such claims shall be governed by Article 7.
Section 8.4 Remedies Cumulative. Except for claims which must be arbitrated
pursuant to Section 8.3 above, the remedies provided herein are cumulative, and the Board
may pursue them concurrently, as well as any other remedies which may be available under
law although not expressed herein.
Article 9. LIMITATION OF LIABILITY
Section 9.1 No Personal Liability. So long as a Board member, Association
committee member, Association officer, or authorized agent(s) has acted in good faith,
without willful or intentional misconduct, upon the basis of such information as may be
possessed by such person, no person shall be personally liable to any Member, or other party
including the Association, for any damage, loss or prejudice suffered or claimed on account of
any act, omission, error, negligence (except gross negligence), any discretionary decision or
failure to make a discretionary decision, by such person in such person's official capacity;
provided, however, that this Section shall not apply where the consequences of such act,
omission, error or negligence are covered by insurance or bond obtained by the Board
pursuant to Article 4 or Article 14 hereof.
Section 9.2 Indemnification. Each Board member or Association committee
member, or Association Officer, and their respective heirs and successors, shall be
indemnified by the Association against all expenses and liabilities, including attorneys' fees,
reasonably incurred by or imposed in connection with any proceeding to which he or she may
be party, or in which he or she may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred, except in such cases wherein
such person is adjudged guilty of intentional misconduct, or gross negligence or a knowing
violation of law in the performance of his or her duties, and except in such cases where such
person has participated in a transaction from which said person will personally receive a
benefit in money, property, or services to which said person is not legally entitled; provided,
however, that in the event of a settlement, indemnification shall apply only when the Board
approves such settlement and reimbursement as being in the best interests of the Association.
Nothing contained in this Section 9.2 shall,however, be deemed to obligate the Association to
indemnify any Member who is or has been a Board member or officer of the Association with
respect to any duties or obligations assumed or liabilities incurred by him or her under and by
virtue of the Declaration as a Member or Owner of a Lot.
Article 10. MORTGAGEE PROTECTION
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Section 10.1 Priority of Mortgages. Notwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assessments shall be subject to tax liens
on the Lot in favor of any assessing and/or special district and be subject to the rights of the
secured party in the case of any indebtedness secured by first lien mortgages or deeds of trust
which were made in good faith and for value upon the Lot. A mortgagee of a Lot, or other
purchaser of a Lot, who obtains possession of a Lot as a result of foreclosure or deed in lieu
thereof will be liable for any assessment accruing after such possession. Such unpaid share of
common expenses or assessments shall be deemed to be common expenses collectible from
all of the Lot Owners including such possessor, his successor and assigns. For the purpose of
this Article, the terms "mortgage" and "mortgagee" shall not mean a real estate contract (or
the vendor thereunder), or a mortgage or deed of trust (or mortgagee or beneficiary
thereunder) securing a deferred purchase price balance owed with respect to a sale by an
individual Lot Owner other than Declarant.
Section 10.2 Effect of Declaration Amendments. No amendment of this Declaration
shall be effective to modify, change or limit or alter the rights expressly conferred upon
mortgagees in this instrument with respect to any unsatisfied mortgage duly recorded unless
the amendment shall be consented to in writing by the holder of such mortgage. Any
provision of this Article conferring rights upon mortgagees which is inconsistent with any
other provision of this Declaration shall control over such other inconsistent provisions.
Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions,
restrictions, covenants, easements or reservations herein contained shall not affect or impair
the lien or charge of any bona fide mortgage made in good faith for value on any Lots;
provided, however, that any subsequent owner of the Lot shall be bound by these provisions
whether such owner's title was acquired by foreclosure or trustee's sale or otherwise.
Section 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of
the Association in writing, the Association shall give written notice to such first mortgagee
that an Owner/mortgagor of a Lot has for more than 60 days failed to meet any obligation
under this Declaration. Any first mortgagee shall, upon written request, also be entitled to
receive written notice of all meetings of the Association and be permitted to designate a
representative to attend such meetings.
Section 10.5 Furnishing of Documents. The Association shall make available to
prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies
of the Declaration, Bylaws, and other rules governing the Property, and the most recent
balance sheet and income/expense statement for the Association, if any has been prepared.
Article 11. EASEMENTS AND SPECIAL TRACTS
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Section 11.1 Association Functions. There is hereby reserved to Declarant and the
Association or their duly authorized agents and representatives such easements as are
necessary to perform the duties and obligations of the Association as are set forth in the
Declaration, or in the Bylaws, and rules and regulations adopted by the Association.
Section 11.2 Utility Easements. Various easements are reserved on the Lots, as
provided by the Plat and applicable laws, ordinances and other governmental rule and
regulations for utility installation and maintenance, including but not limited to, underground
electric power, telephone, cable television, water, sewer, gas and drainage and accessory
equipment, together with the right to enter upon the Lots at all times for said purposes.
Within these easements, no structure, planting, or other material shall be placed or permitted
to remain that may damage, interfere with the installation and maintenance of utilities, that
may change the direction of flow of drainage channels in the easements, or that may obstruct
or retard the flow of water through drainage channels in the easements. The easement area of
each Lot, and all improvements thereon, shall be maintained continuously by the Owner of
each Lot benefited, except for those improvements for which a public authority or utility
company or which Association is responsible, as provided on the Plat or in this Declaration.
The Owner shall maintain the portion of any utility on the Owner's Lot that serves only the
Owner's Lot to the point of connection to the portion of the system that serves more than one
Lot. The Association shall have an easement for the maintenance, repair and replacement of
the portion of the private storm drainage system which serves more than one Lot up to the
point of connection to the public drainage system.
Section 11.3 Entry by Security Patrol. If the Board contracts for security patrol
service, said service, and its employees, shall in have the right to enter onto any of the Lots,
Private Joint Use Driveway Tracts, and Common Areas in order to carry out their duties under
such security patrol agreement; provided, however, that, said patrol service can enter a Lot
only if it is either (i) doing so with reasonable cause, or (ii) acting with the consent of the
Owner or tenant of such Lot.
Article 12. ABANDONMENT OF SUBDIVISION STATUS
Section 12.1 Duration of Covenants. The covenants contained herein shall run with
and bind the land and be perpetual, unless modified by an instrument executed in accordance
with Article 13.
Section 12.2 Abandonment at Subdivision Status. The Association shall not, without
the prior written approval of the governmental entity having jurisdiction over the Property and
without prior written approval of 100% of all first Mortgagees and Owners (other than the
sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the
subdivision status of the Property as approved by the governmental entity having appropriate
jurisdiction over the Property.
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Article 13. AMENDMENT OF DECLARATION OR PLAT MAP
Section 13.1 Declaration Amendment. Amendments to this Declaration shall be
made by an instrument in writing entitled "Amendment to Declaration" which sets forth the
entire amendment. Until the Transition Date, this Declaration may be amended by an
instrument approved and executed by Declarant and approved by the 67% of each class of
member in the Association. Thereafter, amendments must be approved by Owners, including
Declarant, having over 67% of the votes in the Association. The members' approval may be
obtained by a special vote of the members at a meeting of the Association, or the written
consent of the requisite percentage of members. The amendment shall be executed by the
president and secretary of the Association who shall certify that the requisite vote or consent
has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51%
of all Mortgagees who have requested from the Association notification of amendments shall
be required for any material amendment to the Declaration or the Bylaws of any of the
following: voting rights; assessments, assessment liens, and subordination of such liens;
reserves for maintenance, repair, and replacement of Common Areas; insurance or fidelity
insurance; responsibility for maintenance and repair; the boundaries of any Lot; convertibility
of Lots into Common Areas or of Common Areas into Lots; leasing of Lots other than set
forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot;
a decision by the Association to establish self-management when professional management
has been required previously by the Mortgagees; or any provisions which are for the express
benefit of Mortgagees or eligible insurers or guarantors of first Mortgages. It is specifically
covenanted and understood that any amendment to this Declaration properly adopted will be
completely effective to amend any or all of the covenants, conditions and restrictions
contained herein which may be affected and any or all clauses of this Declaration unless
otherwise specifically provided in the section being amended or the amendment itself. No
amendment to this Declaration concerning maintenance of the private street, storm water
facility or common utilities shall be effective without prior written consent of the City.
Section 13.2 Plat. Except as otherwise provided herein,the Plat may be amended by
revised versions or revised portions thereof referred to and described as to affect an
amendment to the Declaration adopted as provided for in Section 13.1. Copies of any such
proposed amendment to the Plat shall be made available for the examination of every Owner.
Such an amendment to the Plat shall be effective, once properly adopted, upon having
received any governmental approval required by law and recordation in the appropriate city or
county offices in conjunction with the Declaration amendment.
Section 13.3 Amendments to Conform to Construction. Declarant, upon Declarant's
sole signature, and as an attorney-in-fact for all Lot Owners with irrevocable power coupled
with an interest, may at any time, until all Lots have been sold by Declarant, file an
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amendment to the Declaration and to the Plat to conform data depicted therein to
improvements as actually constructed and to establish,vacate and relocate easements.
Article 14. INSURANCE
Section 14.1 Association Insurance. The Board shall cause the Association to
purchase and maintain at all times as a common expense a policy or policies necessary to
provide comprehensive liability insurance; fidelity insurance; worker's compensation
insurance to the extent required by applicable laws; insurance against loss of personal
property of the Association by fire, theft, or other causes with such deductible provisions as
the Board deems advisable; and such other insurance as the Board deems advisable. The
Board may also, in its sole discretion, cause the Association to purchase and maintain
insurance, if available, for the protection of the Association's directors, officers, and
representatives from personal liability in the management of the Association's affairs. The
Board shall review at least annually the adequacy of the Association's insurance coverage.
All insurance shall be obtained from insurance carriers that are generally acceptable for
similar projects and licensed to do business in the state of Washington. All such insurance
policies and fidelity bonds shall provide that coverage may not be cancelled or substantially
modified (including cancellation for nonpayment of premium) without at least 30 days' prior
written notice to any and all insureds named therein, including Owners, holders of mortgages,
and designated servicers of mortgagees.
Section 14.2 Owners' Insurance.
14.2.1 All Owners shall obtain and maintain property insurance, liability
insurance, and such other insurance as the Board deems advisable. All insurance shall be
obtained from insurance carriers that are generally acceptable for similar residential properties
and authorized to do business in the state of Washington. All such insurance policies shall
provide that coverage may not be cancelled or substantially modified (including cancellation
for nonpayment of premium) without at least 30 days' prior written notice to the Association.
All Owners shall provide the Association with proof of insurance upon the request of the
Association.
14.2.2 The property insurance maintained by each Owner shall, at the
minimum, provide all risk or special cause of loss coverage in an amount equal to the full
replacement cost of each Home and all fixtures and improvements located thereon, with such
reasonable deductibles and exclusions from coverage as the Board may from time to time
approve or by rule or regulation establish.
14.2.3 The liability insurance coverage maintained by each Owner shall cover
liability of the insureds for property damage and bodily injury and death of persons arising out
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of the operation, maintenance, and use of the Lot and such other risks as are customarily
covered for similar residential properties with a limit of liability of at least $300,000.
14.2.4 Any portion of the Home or Lot for which insurance is required under
this Article which is damaged or destroyed shall be repaired or replaced promptly by the
Owner pursuant to Section 6.23 unless the subdivision is terminated or repair or replacement
would be illegal under any state or local health or safety statute or ordinance.
Article 15. MISCELLANEOUS
Section 15.1 Notices.
15.1.1 Any written notice or other documents as required by this Declaration,
may be delivered personally or by certified mail. If by mail, such notice, unless expressly
provided for herein to the contrary with regard to the type of notice being given, shall be
deemed to have been delivered and received 48 hours after a copy thereof has been deposited
in the United States mail,postage prepaid, addressed as follows:
15.1.1.1 If to a Member, other than Declarant: to the mailing
address of such Member maintained by the Association, pursuant to the Bylaws.
15.1.1.2 If to Declarant, whether in its capacity as a Member, or
in any other capacity,the following address (unless Declarant shall have advised the Board in
writing of some other address):
CamWest Westchester LLC
do CamWest Development, Inc.
9720 NE 120th Place, Suite 100
Kirkland, Washington 98034
Attention: Sara Slatten
15.1.1.3 Prior to the organization of the Association, notices to
the Association shall be addressed as set forth above. Thereafter, notices to the Association
shall be addressed to the official mailing address furnished by written notice from the
Association. In addition, from and after the organizational meeting, notice of the address of
the Association shall be given by the Board to each Owner,within a reasonable time after the
Board has received actual notice of such Owner's purchase of a Lot.
Section 15.2 Conveyance: Notice Required. The right of an Owner to sell, transfer,
or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval,
first refusal, or similar restriction by the Association or the Board, or anyone acting on their
behalf If a Lot is being sold, the Board shall have the right to notify the purchaser, the title
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insurance company, and the closing agent of the amount of unpaid assessments and charges
outstanding against the Lot, whether or not such information is requested.
Section 15.3 Successors and Assigns. This Declaration shall be binding upon and
shall inure to the benefit of the heirs, personal representatives, successors and assigns of
Declarant, and the heirs, personal representatives, grantees, lessees, sublessees and assignees
of the Member.
Section 15.4 Joint and Several Liability. In the case of joint ownership of a Lot, the
liability of each of the Owners thereof in connection with the liabilities and obligations of
Owners,set forth in or imposed by this Declaration, shall be joint and several.
Section 15.5 Mortgagee's Acceptance.
15.5.1 This Declaration shall not initially be binding upon any Mortgagee of
record at the time of recording of said Declaration but rather shall be subject and subordinate
to said Mortgagee's Mortgage.
15.5.2 Declarant shall not consummate the conveyance of title of any Lot until
the Mortgagee of the Lot shall have accepted the provisions of this Declaration and made
appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The
issuance and recording of the first such partial release by said Mortgagee shall constitute its
acceptance of the provisions of this Declaration and the status of the Lots remaining subject to
its Mortgage as well as its acknowledgment that such appropriate arrangements for partial
release of Lots has been made; provided, that, except as to Lots so released, said Mortgage
shall remain in full force and effect as to the entire property.
Section 15.6 Severability. The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of any one provision or
portion thereof shall not affect the validity or enforceability of any other provision hereof.
Section 15.7 Construction. The provisions of this Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation and
maintenance of the Property.
Section 15.8 Captions. Captions given to the various articles and sections herein are
for convenience only and are not intended to modify or affect the meaning of any of the
substantive provisions hereof.
Section 15.9 Effective Date. The Declaration shall take effect upon recording.
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first
herein above written.
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DECLARANT: CAMWEST WESTCHESTER LLC, a
Washington limited liability company
By CAMWEST DEVELOPMENT, INC., a
Washington corporation, its Sol Member
By
Eric . Camp 1, its President
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that ERIC H. CAMPBELL is the
person who appeared before me, and said person acknowledged that said person signed this
instrument, on oath stated that said person was authorized to execute the instrument and
acknowledged it as the President of CAMWEST DEVELOPMENT, INC., a Washington
corporation,the Sole Member of CAMWEST WESTCHESTER LLC, a Washington limited
liability company,to be the free and voluntary act of such parties for the uses and purposes
mentioned in the instrument.
Dated this 91'1 day of ,}{4Ar011 , 2005.
1,1),J SCq?�, (Si . e � otary)
;OSS I 0,1(40.41,,
*; ®m. ;*_ (Legibly Print or Stamp Name of Notary)
N jOUgI\G m Notary public in and for the state of Washington,
"%171�fiVARY25;.*.6S residing at Redwto , (AJA
VWiskO, My appointment expires 2-25 -0'6
03/09/05 11:27 AM - 32 -
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EXHIBIT A
Legal Description of the Property
PARCEL A
TRACT 272, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4,
ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF PLATS, PAGE 82,
IN KING COUNTY, WASHINGTON;
EXCEPT THE EAST 100.FEET THEREOF; AND EXCEPT THE SOUTH 80 FEET OF THE
WEST 126 FEET THEREOF.
THE EAST 100 FEET OF TRACT 272, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF
EDEN DIVISION NO. 4, ACCORDING TO THE PLAT THEREOF; RECORDED.IN VOLUME 11,
OF PLATS, PAGE 82, IN KING COUNTY, WASHINGTON.
PAP'cgLC
THAT PORTION OF TRACT 263, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN
DIVISION NO. 4, ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF
PLATS, PAGE 82, IN KING COUNTY, WASHINGTON.
COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT; THENCE NORTH ALONG
THE WEST LINE THEREOF; 288 1/4 FEET; THENCE EAST IN A STRAIGHT UNE TO A
POINT ON THE EAST UNE OF SAID TRACT, 288 1/4 FEET NORTH OF THE SOUTHEAST
CORNER OF SAID TRACT; THENCE SOUTH ON SAID EAST LINE 130 FEET; THENCE WEST
- PARALLEL WITH THE NORTHERLY LINE OF THE PROPERTY HEREIN DESCRIBED 127 1/4
FEET; THENCE SOUTH 158 1/2 FEET TO THE SOUTH UNE OF SAID TRACT; THENCE
WEST ON SAID SOUTH UNE 127 1/4 FEET, MORE OR LESS, TO THE POINT OF
BEGINNING; EXCEPT THAT PORTION DESCRIBED AS'FOLLOWS:
BEGINNING AT A POINT ON THE SOUTH UNE OF SAID TRACT 263 DISTANT WESTERLY
127.25 FEET FROM THE SOUTHEAST CORNER THEREOF; THENCE NORTHERLY PARALLEL
WITH THE EASTERLY LINE OF SAID TRACT 263, A DISTANCE OF 86 FEET; THENCE
WESTERLY PARALLEL WITH THE SOUTH UNE OF SAID TRACT 263, A DISTANCE OF 95
FEET; THENCE SOUTHERLY PARALLEL WITH THE EAST LINE OF SAID TRACT 263, A
DISTANCE OF 86 FEET TO THE SOUTH LINE THEREOF; THENCE EASTERLY 95 FEET TO
THE POINT OF BEGINNING.
PSL A •
TRACT 252, C.D. HILLMAN'S LAKE WASHINGTON GARDEN OF EDEN DIVISION NO. 4,
ACCORDING TO THE PLAT THEREOF; RECORDED IN VOLUME 11 OF PLATS, PAGE 82,
IN KING COUNTY, WASHINGTON;
EXCEPT THE SOUTH 80 FEET THEREOF;
EXCEPT THE EAST 150 FEET LYING SOUTHERLY OF THE NORTH 12 FEET THEREOF
ALSO THE WEST 15.5 FEET OF THE EAST 165.5 FEET OF THE SOUTH 80 FEET OF .
SAID TRACT 252;
ALSO, EXCEPT THE NORTH HALF OF THE NORTH HALF OF SAID TRACT 252; AND
THE SOUTH 288.25 FEET OF SAID TRACT 252.
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03/09/05 11:27 AM