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CITY OF RENTON COV 56.00
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TABLE OF CONTENTS
ARTICLE ONE Definitions 1
ARTICLE TWO Reserved 3
ARTICLE THREE Management of Common Areas and Enforcement of Declaration 3
Section One Development Period 3
Section Two Purpose of Development Period 3
Section Three Authority of Association After Development Period 3
Section Four Delegation of Authority 3
ARTICLE FOUR Membership 4
ARTICLE FIVE Voting Rights 4
ARTICLE SIX Property Rights in Common Areas 4
ARTICLE SEVEN Maintenance and Common Expenses 4
Section One Standard of Maintenance—Common Areas 4
Section Two Standard of Maintenance—Lots 4
Section Three Remedies for Failure to Maintain 4
Section Four Common Expenses 4
ARTICLE EIGHT Assessments 6
Section One Types of Assessments 6
Section Two Determination of Amount 6
Section Three Certificate of Payment 6
Section Four Special Assessments 6
Section Five Reserved 7
— Section Six Fines Treated as Special Assessments 7
ARTICLE NINE Collection of Assessments 7
Section One Lien—Personal Obligation 7
Section Two Delinquency 7
Section Three Suspension of Voting Rights 8
Section Four Commencement of Assessments 8
Section Five Enforcement of Assessments 8
ARTICLE TEN Building,Use and Architectural Restrictions 8
Section One Development Period 8
Section Two Authority of ACC After Development 8
Section Three Delegation of Authority of ACC 9
Section Four Appointment of ACC 9
Section Five Approval by ACC Required 9
Section Six Temporary Structures Prohibited 10
Section Seven Nuisances 10
Section Eight Limitations on Animals 10
Section Nine Limitations on Signs 11
Section Ten Completion of Construction Projects 11
Section Eleven Unsightly Conditions 11
Section Twelve Antennas, Satellite Reception 11
Section Thirteen Setbacks 12
Section Fourteen Roofs 12
Section Fifteen Fences,Walls 12
Section Sixteen Residential Use Only,Home Business Limited 12
Section Seventeen Underground Utilities Required 12
Section Eighteen Limitation on Storage of Vehicles 12
Section Nineteen Enforcement 13
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II
ARTICLE ELEVEN Easements 13
Section One Easements for Encroachments 13
Section Two Easements on Exterior Lot Lines 13
Section Three Association's Easement of Access 13
Section Four Easement for Developer 14
ARTICLE TWELVE Mortgage Protection 14
Section One Mortgagees 14
Section Two Liability Limited 14
Section Three Mortgagee's Rights During Foreclosure 14
Section Four Acquisition of Lot by Mortgagee 14
Section Five Reallocation of Unpaid Assessment 14
Section Six Subordination 15
Section Seven Mortgagee's Rights 15
Section Eight Limitation on Abandonment of Common Areas 15
Section Nine Notice 15
ARTICLE THIRTEEN Management Contracts 15
ARTICLE FOURTEEN Insurance 16
Section One Coverage 16
Section Two Replacement,Repair after Loss 16
ARTICLE FIFTEEN Rules and Regulations 16
ARTICLE SIXTEEN Remedies and Waiver 17
Section One Remedies not Limited 17
Section Two No Waiver 17
ARTICLE SEVENTEEN General Provisions 17
Section One Singular and Plural 17
Section Two Severability 17
Section Three Duration 17
— Section Four Attorney's Fees,Costs and Expenses 17
Section Five Method of Notice 18
Section Six Enforcement of Declaration 18
Section Seven Successors and Assigns 18
Section Eight Exhibits 18
ARTICLE EIGHTEEN Amendment and Revocation 18
Section One Exclusive Method 18
Section Two Amendment by Developer 18
Section Three Voting 18
Section Four Effective Date 19
Section Five Protection of Developer 19
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II
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AMBERWOOD II
DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS,
EASEMENTS & RESTRICTIONS
ARTICLE ONE Definitions
For purposes of the Declaration, Articles of Incorporation and Bylaws of the
Association, certain words and phrases have particular meanings,which are as follows:
1 "ACC" shall mean the Architectural Control Committee, as described in
Article Ten, Section Foiir.
2 Reserved.
3 "Articles" shall mean the Association's articles of incorporation and any
amendments.
4 "Association" shall mean the homeowner's association formed as,a nonprofit
corporation for the purpose of administering this Declaration.
5 "Board" or "Board of Directors" shall mean the Board of Directors of the
Association.
6 "Bylaws" shall mean the Association's Bylaws and any amendments.
7 "Common Areas" shall mean the property, both real and personal, in which the
Association has been granted an ownership interest, easement, lease or other right of
control, by written instrument,by delineation on the Plat.
8 "Declaration" shall mean this Declaration of Protective Covenants,
Conditions, Easements and Restrictions, and any amendments thereto.
9 "Developer" shall mean Declarant Amber Wood II LLC only, or any persons
or entities to which it assigns all or a portion of its rights as Developer, or succeeds to its
interest. To the extent that a portion of the Developer's rights and responsibilities are
assigned, the assignee may exercise the rights and perform the responsibilities described
in the assignment.
10 "Development Period" shall mean the period of time from the date of recording
of this Declaration until 160 days after the date upon which 100% of the lots have been
improved by construction of single family homes by the Developer or its assignees, or
any shorter period as agreed to by all of the Developer's assignees. A partial delegation
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 1
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of authority by the Developer of any of the management duties described in this
Declaration shall not terminate the Development Period.
11 "Housing Unit' shall mean the building occupying a Lot.
12 "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings
and loan association or established mortgage company, or other entity chartered under
federal or State laws, any corporation or insurance company or state or federal agency
which holds a first mortgage or deed of trust against a Lot or Housing Unit thereon.
13 "Lot" shall initially refer to one of the Lots located in the Real Property
described herein.
14 "Member" shall mean every person or entity that holds a membership in the
Association.
16 "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other
portion of the Properties.
17 "Neighborhood Services" shall mean any services that the Association is
required to provide for the benefit of the Lots or related to their use by conditions
described on the Plat, in any recorded easement or agreement, this Declaration, or
applicable law.
18 "Owner" shall mean the recorded owner of a Lot, whether one or more persons
or entities, but excluding those having such interest merely as security. A real estate
contract purchaser shall be deemed the Owner.
19 `Person" shall mean a natural person, a corporation, a partnership, trustee or
other legal entity.
20 "Plat" shall mean the plat of Amberwood II, described on the first page of this
Declaration, together with all requirements described or referenced therein.
21 "`Properties" shall mean the Real Property.
22 "Sale" or "Sold" shall mean the date upon which ownership of a Lot is
transferred from an Owner to another person or entity by recordation of an instrument of
transfer such as a deed or real estate contract.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II -2
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ARTICLE TWO Reserved
ARTICLE THREE Management of Common Areas and
Enforcement of Declaration
Section One, Development Period. During the Development Period, the
Association and the ACC, together with all Common Areas and all Neighborhood
Services administered by the Association shall, for all purposes, be under the
management and administration of the Developer or its assignees. During the
development period, the Developer shall appoint the directors of the Association
provided in the Bylaws, and may appoint any persons the Developer chooses as directors.
At the Developer's sole discretion, the Developer may appoint members of the
Association to such committees or positions in the Association as the Developer deems
appropriate, to serve at the Developer's discretion and may assign such responsibilities,
privileges and duties to the members as the Developer determines, for such time as the
Developer determines Members appointed by the Developer during the Development
Period may be dismissed at the Developer's discretion.
Section Two, Purpose of Development Period. The Developer's control of the
Association during the Development Period is established in order to ensure that the
Properties and the Association will be adequately administered in the initial phases of
development, to ensure an orderly transition of Association operations, and to facilitate
the Developer's completion of construction of Housing Units.
Section Three, Authority of Association After Development Period. At the
expiration of Developer's management authority the Association shall have the authority
and obligation to manage and administer the Common Areas, the Neighborhood Services,
and to enforce this Declaration. Such authority shall include all authority provided for in
the Association's Articles, Bylaws, rules and regulations and this Declaration, together
•with other duties that may be assigned to the Association in any easement, agreement or
on the Plat. The Association shall also have the authority and obligation to manage and
administer the activities of the ACC in its responsibilities as described in Article Ten,
Section Five.
Section Four, Delegation of Authority. The Board of Directors or the Developer
may delegate any of its managerial duties, powers, or functions to any person, firm, or
corporation. The Board and the Developer shall not be liable for any breath of duty,
negligence, omission, intentional act or improper exercise by a person who is delegated
any duty, power or function by the Board of Directors or the Developer.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 3
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ARTICLE FOUR Membership
Every person or entity who is an Owner of any Lot agrees to be a Member of the
Association by acceptance of a deed for, or recordation of any other instrument signifying
ownership of, such Lot Membership may not be separated from ownership of any Lot.
All Members shall have rights and duties as specified in this Declaration, and in the
Articles and Bylaws of the Association.
ARTICLE FIVE Voting Rights
Members shall be entitled to one vote for each Lot owned. No more than one vote
shall be cast with respect to any Lot. The voting rights of any Member may be suspended
as provided in the Declaration, or the Articles or Bylaws of the Association. Members'
votes may be solicited and tabulated by means other than personal attendance at
meetings, such as mail, electronic mail, or facsimile.
ARTICLE SIX Property Rights in Common Areas
The Association shall have the right and obligation to maintain improvements,
vegetation, signage and utilities in and on the Common Areas, subject to any restrictions
delineated on the Plat of the Properties. The Association shall have the exclusive right to
use and manage the Common Areas and any easements in which the Association holds an
-- interest in a manner consistent with the Plat,this Declaration, the Articles and the Bylaws
of the Association or in any easement. During the Development Period, the Developer
shall have the exclusive use of the Common Areas for the placement of structures, signs
and materials related to the construction and marketing of homes on the Real Property,
without compensation to the Association. The Board shall have the power, in addition to
all other powers granted it by this Declaration, the Bylaws, applicable law and any
easements, to grant additional easements or enter into agreements related to the Common
Areas without further approval of the Members to the fullest extent permitted under law,
as if the Board is the sole owner of the Common Areas.
ARTICLE SEVEN Maintenance and Common Expenses
Section One, Standard of Maintenance - Common Areas. The Association shall
maintain the Common Areas and any easements in which the Association holds an
interest in a manner consistent with good building and nursery practices, in compliance
with all applicable governmental codes, regulations, easements and agreements. The
Association shall maintain the detention and water quality system and emergency access
roads until such time that those improvements are deeded or sold to a government
agency, which will assume maintenance and responsibility of such improvements.
Section Two, Standard of Maintenance—Lots. Each Lot Owner hereby covenants
and agrees to maintain the Owner's respective Lot, and the Housing Unit located thereon
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 4
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in the same condition as a reasonably prudent homeowner would maintain the Owner's
home so that the Real Property will reflect a high pride of ownership. Unless otherwise
specified on the Plat, each Lot Owner shall perform at the Lot Owner's expense the
maintenance and upkeep of any drainage swales and/or underground drain lines and catch
basins installed on the owner's Lot.
Section Three, Remedies for Failure to Maintain. If any Lot Owner shall fail to
conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or
fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a
reasonably prudent homeowner, or in a manner which preserves the drainage for other
Lots, the Association shall notify the Lot Owner in writing of the maintenance required.
If the maintenance is not performed within thirty (30) days of the date notice is delivered,
the Association shall have the right to provide such maintenance, and to levy an
assessment against the non-performing Lot Owner and the Lot for the cost of providing
the maintenance. The assessment shall constitute a lien against the Lot owned by the
non—performing Lot Owner and may be collected and foreclosed in the same manner as
any other delinquent monthly or special assessment. The Association shall have all
remedies for collection as provided in Article Nine of the Declaration. In the event that
emergency repairs are needed to correct a condition on a Lot which poses a substantial
risk of injury or significant property damage to others, the Association may immediately
perform such repairs as may be necessary after the Association has attempted to give
notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances
shall be sufficient if attempted orally or in writing immediately prior to the Association's
undertaking the necessary repairs. Emergency repairs performed by the Association, if
not paid for by the Lot Owner, may be collected by the Association in the manner
provided for herein notwithstanding the failure of the Association to give the Lot Owner
the thirty(30) day notice.
• Section Four, Common Expenses. The Association shall perform such work as is
necessary to perform all Neighborhood Services, and to carry out all the duties
described in this Declaration, the Plat, and in any easement or agreement made by the
Association. The Association shall delegate the responsibility for management and
supervision of such work to the Board, the ACC or to a manager or agent hired by the
Board for the purpose of such management and supervision. Expenses for such work
shall be paid by the Association for the benefit of all Lot Owners and shall be referred
to as Common Expenses. The Common Expenses shall be paid by the Association from
funds collected from assessments paid by Lot Owners. The Common Expenses shall
include, but shall not be limited to, the following:
1 The real and personal property taxes levied upon the Association for
the Common Areas;
2 The cost of maintaining (a) insurance coverage for the Common Areas
and (b) insurance coverage and fidelity bonds for directors and officers of the
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 5
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Association and the ACC;
3 The cost of maintaining, repairing, replacing, operating and leasing all
Common Areas and their improvements (which Common Areas shall include any
Wetlands, Sensitive Area or Open Space Tracts described on the plat which the
Association owns or is designated as the party responsible for their maintenance and
repair). Such costs include, but are not limited to, storm water detention facilities,
landscaped entries, signs, lights, fences, walls, postal service boxes, easements,
controlling vegetation, plantings and landscaping (if not maintained by applicable
governmental jurisdiction);
4 Any other expense which shall be designated as a Common Expense in
the plat of the Property, the Declaration, its Exhibits, the easements and the agreements
of the Association, or from time to time are identified by the Association.
ARTICLE EIGHT Assessments
Section One, Types of Assessments. Each Lot shall be subject to monthly or
annual assessments or charges, and certain special assessments, in an amount to be
determined by the Association, or by the Developer during the Development Period.
Section Two, Determination of Amount. The Board of Directors of the Association
shall determine the amount of assessments necessary to pay Common Expenses. The
amount of assessments may be increased or decreased periodically as may be necessary
to provide for payment of the Common Expenses. The amount of such assessments shall
be equal for all Lots. There shall be no assessment for Lots owned by Developer or its
assignees, without the consent of the Developer or the assignees. The Association may
create and maintain from assessments reserve funds for replacement of Common Areas
and their improvements. Written notice of all assessments shall be given to each Owner.
If the Board fails to fix an assessment for a fiscal year, the prior assessment shall be
automatically continued at the sum previously set by the Board until such time as the
Board acts in the manner provided by RCW Chapter 64.38 (or any successor statute
permitting automatic adjustments in the budget).
Section Three, Certificate of Payment. The Association shall, upon written
demand, furnish a certificate in writing setting forth whether the assessment on a
specified Lot has been paid. A reasonable charge may be made for the issuance of the
certificate. Such certificate shall be conclusive evidence of payment of any assessment
stated to have been paid.
Section Four, Special Assessments. In addition to the assessments authorized
above, the Association, by its Board of Directors may levy, in any year, a special
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 6
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assessment applicable to that year only, for the purpose of defraying the cost of any
construction or reconstruction, unexpected repair or replacement of facilities in the
Common Areas. However, the Developer and its assignees shall not be obligated to pay
any special assessments on Lots owned by the Developer or its assignees. Assessments
may be made based upon the estimated cost of such work, prior to the work's
commencement, provided such estimate has been provided by a contractor retained by
the Board for the purpose of such estimate. All special assessments for construction of
new facilities or acquisition of new equipment, which are not for the upgrade, repair or
replacement of existing improvements, shall require approval of two-thirds the Members.
Section Five, Reserved.
Section Six, Fines Treated as Special Assessments. Any fines levied by the
Association pursuant to RCW Chapter 64.38 (or any successor statute authorizing the
imposition of fines) shall be treated as a special assessment of the Owner fined, and may
be collected by the Association in the manner described in Article Nine.
ARTICLE NINE Collection of Assessments
Section One, Lien - Personal Obligation. All assessments, together with
interest and the cost of collection shall be a continuing lien upon the Lot against which
each such assessment is made. The lien shall have all the incidents of a mortgage on real
property. Each such assessment, together with interest, costs and reasonable attorney's
fees, shall also be the personal obligation of the person who was the Owner of the Lot at
the time the assessment was due. No Owner may waive or otherwise avoid liability for
assessments by non-use of the Common Areas or abandonment of the Lot.
Section Two, Delinquency. If any assessment is not paid within thirty (30) days
after its due date, the assessment shall bear interest from said date at twelve percent
(12%), or, in the event that twelve percent (12%) exceeds the maximum amount of
interest that can be charged by law, then the highest permissible rate as provided by law.
A late charge of five percent (5%) of the amount overdue shall be charged for any
payment more than ten (10) days past due. Each Member hereby expressly grants to the
Association, or its agents, the authority to bring all actions against each Member
personally for the collection of such assessments as a debt and to enforce lien rights of
the Association by all methods for the enforcement of such liens, including foreclosure
by an action brought in the name of the Association in a like manner as a mortgage of
real property, and such Member hereby expressly grants to the Association the power of
sale in connection with such liens. The liens provided for in this section shall be in favor
of the Association, and shall be for the benefit of the Association. The Association shall
have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and
convey any Lot obtained by the Association.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 7
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Section Three, Suspension of Voting Rights. In the event any Member shall be in
arrears in the payment of the assessments due or shall be in default of the performance of
any of the terms of the Articles and Bylaws of the Association, the rules or regulations
adopted by the Association, or the Declaration for a period of thirty (30) days, the
Member's right to vote shall be suspended and shall remain suspended until all payments
are brought current and all defaults remedied. In addition, the Association shall have
such other remedies against such delinquent Members as may be provided in the Articles,
Bylaws or Declaration.
Section Four, Commencement of Assessments. The assessments may commence
as to each Lot (except Lots owned by the Developer) upon the initial conveyance of the
Lot after itis improved by construction of a single-family home. The first assessment on
any Lot shall be adjusted according to the number of days remaining in the month. At the
time of each initial sale, the Developer or the Developer's assignee who constructed the
home on the Lot may collect from each Purchaser an amount equal to one years
assessment for the Association, to be placed in the Association's account. Any interest
earned by the Association on assessments held by it shall be to the benefit of the
Association.
Section Five, Enforcement of Assessments. The Board may take such action as is
necessary, including the institution of legal proceedings, to enforce the provisions of this
Article. In the event the Board begins an action to enforce any such rights, the prevailing
party shall be entitled to its attorney's fees, costs and expenses incurred in the course of
such enforcement action as provided in Article Seventeen, Section Five.
ARTICLE TEN Budding,Use and Architectural Restrictions
Section One, Development Period. The Developer hereby reserves the right to
exercise any and all powers and controls herein given to the Board of Directors, the ACC
or its authorized representative in this Article of the Declaration, during the Development
Period. This reserved right shall automatically terminate at the end of the Development
Period, or when the reserved right is relinquished to the Board of Directors or the ACC of
the Association
Section Two, Authority of ACC After Development. At the expiration of the
Developer's management authority, the ACC shall have the authority and obligation to
manage and administer the review of building plans, specifications and plot plans and
such other submissions as described in Section Five herein, and to enforce these
covenants, conditions and restrictions. Such authority shall include all authority provided
for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially
adopted, or as amended, and all the authority granted to the ACC by this Declaration.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 8
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Section Three, Delegation of Authority of ACC. The ACC or the Developer may
delegate any of its duties, powers, or functions described in this Article to any person,
firm, or corporation.
Section Four, Appointment of ACC. After the Development Period, the Board
shall appoint the members of the ACC. There shall be three members of the ACC,
chosen in the manner described in the Articles and Bylaws of the Association. If the
Board fails to appoint the members of the ACC, or the members of the ACC resign and
no replacements assume the office, the Board shall act as'the ACC until members of the
ACC are appointed and take office.
Section Five, Approval by ACC Required. Except as to construction, alteration, or
improvements performed by the Developer,no construction activity of any type including
clearing and grading, cutting or transplanting of significant natural vegetation may begin
on a Lot or Common Area and no building, structure, fence or other improvement shall
be erected, placed or altered on any Lot or Common Area until, at a minimum, the
building plans, specifications, plot plans, and landscape plan showing the nature, kind,
shape, height, materials, exterior color and location of such building, structure or other
improvements have been submitted and approved in writing by the ACC or its authorized
representative as to harmony of exterior design and location in relation to and its effect
upon surrounding strictures and topography. Further, no fences, hedges or walls shall be
erected or altered and no significant exterior changes shall be made to any building
including, but not limited to, exterior color changes, additions or alterations until such
written approval shall have been obtained
1 Time Limits. If the ACC or its authorized representative shall fail to
notify the Owner of its action for a period of thirty (30) days following the date of the
submission of the required information to the ACC, or its authorized representative, the
Owner may proceed with the proposed work notwithstanding the lack of written approval
by the ACC or its authorized representative. The required information shall be considered
submitted to the ACC upon personal delivery of a complete set of all required
information to the person designated to receive such items by the ACC, or by mail three
days after deposit in the U S Mail, postage prepaid, certified, return receipt requested, to
the ACC in care of the Board of Directors of the Association at the address designated in
the most recent notice of assessment issued by the Board, or at such other address as is
designated by the Board by written notice to the Members.
2 Guidelines. The ACC may adopt and amend, subject to approval by the
Board, written guidelines to be applied in its review of plans and specifications, in order
to further the intent and purpose of this Declaration and any other covenants or
restrictions covering Real Property. If such guidelines are adopted, they shall be
available to all interested parties upon request.
3 Meetings. The ACC shall meet as is necessary to review any plans or
specifications provided pursuant to this Section, and shall keep and maintain a record of
all actions taken at meetings or otherwise.
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 9
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4 No Waiver. Approval by the ACC of any plans, drawings or
specifications shall not be a waiver of the right to withhold approval of any similar plan,
drawing, specification or mailer submitted for approval.
5 Consultation. The ACC may retain and consult persons or entities to
assist in the evaluation of plans submitted to the Board for review.
6 Appeals. After the Development Period, the Board shall serve as an
appellate panel to review decisions of the ACC upon request of a partyaggrieved by the
ACC's decision. The Board shall provide, through rules and regulations, a procedure by
which decisions of the ACC may be appealed to the Board. The Board may choose, in its
discretion, to limit the scope of such appeals and provide time limitations for appeals to
be made to the Board.
7 Enforcement. The ACC may recommend and request that the Board
initiate legal proceedings to enforce the terms of these covenants or orders of the ACC.
Legal proceedings may only be instituted, however, after approval of the Board.
8 No Liability. The ACC, its agents and consultants shall not be liable to
the Association, its members, to any Owner or to any other person for any damage, loss
or prejudice resulting from any action or failure to act on a matter submitted to the ACC
for determination, or for failure of the ACC to approve any mailer submitted to the ACC.
The ACC shall not be liable for any damage, loss or prejudice resulting from any action
by a person who is delegated a duty,power or function by the ACC.
9 Fees. The ACC may charge a fee for the review of any mailer submitted
to it. Any fee schedule adopted by the ACC must be approved by the Board.
Section Six, Temporary Strictures Prohibited. No basement, tent, shack, garage,
barn or other outbuilding or buildings or any structure of a temporary or moveable
character erected or placed on the Properties shall at any time be used as living quarters
except as specifically authorized by the ACC.
Section Seven,Nuisances. No noxious or undesirable thing, activity or use of any
Lot in the Properties shall be permitted or maintained. If the ACC shall determine that a
thing or use of property is undesirable or noxious, such determination shall be conclusive.
The ACC may recommend and the Board may direct that steps be taken as is reasonably
necessary, including the institution of legal action or the imposition of fines in the
manner authorized by RCW Chapter 64 38, to abate any activity, remove anything or
terminate any use of property which is determined by the ACC or described in this
Declaration to constitute a nuisance.
Section Eight, Limitation on Animals. No animal, livestock or poultry of any
kind shall be raised, bred or kept on any Lot, except cats, dogs, birds or fish may be kept
if they are not kept, bred or maintained for any commercial purpose, and they shall not be
DECLARATION OF COVENANTS, CONDITIONS,
EASEMENTS AND RESTRICTIONS FOR AMBERWOOD II - 10
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kept in numbers or under conditions reasonably objectionable in a closely built-up
residential community. Animals shall not be allowed to roam loose outside the limits of
any Lot on which they are kept. Any dogs must be kept so as to minimize excessive
noise from barking or otherwise shall be considered a nuisance according to the terms of
this Declaration.
Section Nine, Limitation on Signs. No sign of any kind shall be displayed to
public view on any Lot, except one sign, not to exceed 24 inches by 24 inches,
advertising the Lot(where posted) for sale or rent by the Owner, or the Owner's agent. In
addition to other rights reserved to the Developer in the Declaration, the Developer
hereby reserves for itself so long as it owns any Lot, the right to maintain upon the
property such signs as in the opinion of the Developer are required, convenient or
incidental to the merchandising and sale of the Lots (Including signs at the entrance to the
plat which he deems necessary for the merchandising of the project). All other signs,
except as described above, shall only be displayed to public view after written approval
of the ACC, its authorized representative, or the Developer.
Section Ten, Completion of Construction Projects. The work of construction of
all building and structures shall be pursued diligently and continuously from
commencement of construction until the structures are fully completed and painted. All
structures shall be completed as to external appearance, including finish painting, within
eight months of the date of commencement of construction, except such construction as is
performed by the Developer or its assignees, which shall be exempt from the limitations
contained in this Section. Front yard landscaping must be completed within 90 days of
completion of a Housing Unit, and rear yard landscaping must be completed within one
year of completion of a Housing Unit. Except with the approval of the ACC, no person
shall reside on the premises of any lot until such time as the improvements to be erected
thereon in accordance with the plans and specifications approved by the Board have been
completed.
Section Eleven, Unsightly Conditions. No unsightly conditions shall be permitted
to exist on any Lot. Unsightly conditions shall include, without limitation, laundry
hanging or exposed in view for drying, litter, trash, junk or other debris, inappropriate,
broken or damaged furniture or plants, non-decorative gear, equipment, cans, bottles,
ladders, trash barrels and other such items, and no awnings, air conditioning units, heat
pumps or other projections shall be placed on the exterior walls of any Housing Unit
unless prior written approval shall have been obtained from the ACC.
Section Twelve, Antennas, Satellite Reception. Satellite dishes of no more than two
feet in diameter or diagonal measurement are permitted on the Properties with ACC
approval of the location of the satellite dish in the manner described in Article Ten,
Section Five. Except as provided above, no radio or television antenna or transmitting
tower or satellite dish shall be erected on the exterior of any home without approval of
the ACC obtained pursuant to Article Ten, Section Five, and a showing by the Owner
that such installation will be visually shielded from most of the view of the residents
traveling upon streets located on the Properties.
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Section Thirteen, Setbacks. No building shall be located on any Lot nearer to the
front lot line or nearer to the side street than the minimum budding setback lines adopted
by the governmental authority with jurisdiction over the Properties.
Section Fourteen, Roofs. Roofs on all buildings must be finished with materials
approved for use by the ACC or its authorized representatives. More than one type of
material may be approved.
Section Fifteen, Fences. Walls. In order to preserve the aesthetics of the
Properties, no fence or wall shall be erected or placed on any Lot unless prior written
approval has been obtained from the ACC. The design and color of any fence on the
Properties, whether visible to the other Lots or not, shall be constructed and finished
according to the standard fence detail, as such detail is initially designated by the
Developer during the Development Period, and continued or modified by the ACC after
the Development Period. If a standard fence detail is attached to this Declaration, such
fence detail and any required color for a fence may be modified by the Developer, the
ACC or the Board.
Section Sixteen, Residential Use Only, Home Businesses Limited. Except for
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Developers and its assignees' temporary sales offices and model homes, no Lot shall be
used for other than one detached single-family dwelling with driveway parking for not
more than three cars. A trade, craft business, commercial or business or commercial
activity ("Home Business") may be conducted or carried on within any building located
on a Lot, provided that any goods, materials or supplies used in connection with any
trade, service or business, wherever the same may be conducted, be kept or stored inside
any building on any Lot and that they not be visible from the exterior of the home, nor
shall any goods, used for private purposes and not for trade or business be kept or stored
outside any building on any Lot. The provisions of this Section shall permit such Home
Businesses to the extent permitted by applicable zoning laws and other government laws,
regulations, rules and ordinances. Nothing in this Section shall permit (1) the use of a
Lot for a purpose which violates law, regulations, rules or applicable zoning codes, or (2)
Home Business activities that cause a significant increase in neighborhood traffic, or (3)
modification of the exterior of the home. The Association may, from time to time,
promulgate rules restricting the activities of Home Businesses located on the Properties
pursuant to the authority granted to the Association under these Covenants, the Bylaws,
and RCW Chapter 64.38.
Section Seventeen, Underground Utilities Required. Except for any facilities or
equipment provided by the Developer, its assignees, or any utility, all electrical service,
telephone lines and other outdoor utility lines shall be placed underground.
Section Eighteen, Limitation on Storage of Vehicles. The Lots, Common Areas
and/or streets located on the Properties shall not be used for the storage and/or overnight
parking of any vehicle other than private family automobiles, non-commercial trucks and
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motorcycles. No inoperable vehicles of any kind shall be parked, stored, maintained, or
constructed unless stored in a garage Boats, boat trailers, house trailers, campers,
commercial trucks, trucks with a camper, or other recreational vehicles or similar object
("Restricted Vehicles") may not be stored and/or parked overnight on any part of the
Common Areas and/or streets on the Properties unless such storage or parking is
approved by the ACC. The ACC may adopt guidelines for determination of whether
restricted vehicles may be stored or parked on the Properties, based upon location of the
storage or parking, screening available to limit the visual impact of the Restricted
Vehicle, and the aesthetic effect of the storage or parking on the community.
Section Nineteen, Enforcement. The Association, or the Developer during the
Development Period, may, but is not required to, take any action to enforce the
provisions of the Declaration available to it under law, including but not limited to
imposition of fines as authorized by RCW Chapter 64.38, specific performance,
injunctive relief, and damages. Any Member may also enforce the terms of this Article
(although a Member may not impose a fine as authorized by RCW Chapter 64.38), but,
the Member must first obtain an order from a court of competent jurisdiction entitling the
Member to relief. In the event that a Member takes action to enforce the terms of this
Article, the Association shall not be in any way obligated to join in such action, or pay
any of the attorney's fees, costs and expenses incurred in such action.
ARTICLE ELEVEN Easements
Section One, Easement for Encroachments. Each Lot is, and the Common Areas are
subject to, an easement for encroachments created by construction settlement and
overhangs as designed or constructed by the Developer, and to a valid easement for
encroachments and for maintenance of the same as long as the improvements remain.
Section Two, Easements on Exterior Lot Lines. In addition to easements reserved
on any plat of the Properties or shown by instrument of record, easements for utilities and
drainage are reserved for the Developer or its assigns, over a five-foot wide strip along
each side of the interior Lot lines, and ten feet over the front of each Lot, and over, under,
and on the Common Areas. Within all of the easements, no structure, planting, or fill
material shall be placed or permitted to remain which may, in the opinion of the Board or
ACC, damage or interfere with the installation and maintenance of utilities, or which may
obstruct or retard the flow of water through drainage channels and the easements. The
easement area of each Lot and all improvements within it shall be maintained
continuously by the Owner of such Lot, except those improvements for which a public
authority,utility company or the Association is responsible.
Section Three, Association's Easement of Access. The Association, the ACC, and
its agents shall have an easement for access to each Lot and to the exterior of any
_ building located thereon during reasonable hours as may be necessary for the following
purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in Article
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Seven, Section Three of this Declaration, (b) repair, replacement or improvement of any
Common Area accessible from that Lot, (c) emergency repairs necessary to prevent
damage to the Common Areas or to another Lot, or to the improvements thereon, (d)
cleaning, maintenance, repair or restoration work which the Owner is required to do but
has failed or refused to do, and (e) all acts necessary to enforce this Declaration.
Section Four, Easement for Developer. Developer shall have an easement across all
Common Areas for ingress, egress, storage and placement of equipment and materials,
and other actions necessary or related to the development or maintenance of the Real
Property.
ARTICLE TWELVE Mortgage Protection
Section One, Mortgagees. Notwithstanding and prevailing over any other
provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or
any rules, regulations or management agreements, the following provisions shall apply to
and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage
given for the purpose of obtaining funds for the construction or purchase of a Housing
Unit on any Lot or the improvement of any Lot.
Section Two, Liability Limited. The Mortgagee entitled to the protection hereof
shall not in any case or manner be personally liable for the payment of any assessment or
charge, nor for the observance or performance of any covenant, restriction, regulation,
rule, Association Article of Incorporation or Bylaw, or management agreement, except
for those matters which are enforceable by injunctive or other equitable relief, not
requiring the payment of money, except as hereinafter provided.
Section Three, Mortgagee's Rights During Foreclosure. During the pendency of
any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may
exercise any or all of the rights and privileges of the Owner of the mortgaged Lot,
including but not limited to the right to vote as a Member of the Association to the
exclusion of the Owner's exercise of such rights and privileges.
Section Four, Acquisition of Lot by Mortgagee. At such time as the Mortgagee
shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the
terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations
of the Association, including but not limited to the obligation to pay for all assessments
and charges accruing thereafter, in the same manner as any Owner, provided, however,
the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or
arising out of any provisions of the Declaration which secure the payment of any
assessment for charges accrued prior to the date the Mortgagee became entitled to
possession of the Lot.
Section Five, Reallocation of Unpaid Assessment. If it is deemed necessary by the
Association, any unpaid assessment against a Housing Unit foreclosed against may be
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treated as a common expense of other Lots. Any such unpaid assessment shall continue
to exist as a personal obligation of the defaulting Owner of the respective Lot to the
Association.
Section Six, Subordination. The liens for assessments provided for in this instrument
shall be subordinate to the lien of any Mortgage, or other security interest placed upon a
Lot or HousingUnit as a construction loan securityinterest or as apurchase price
security interest, and the Association will, upon demand, execute a written subordination
document to confirm the particular superior security interest.
Section Seven, Mortgagee's Rights. Any Mortgagee shall have the right to request
therefore to (a) inspect the books and records of the Association during normal business
hours, (b) receive an annual financial statement of the association within (90) days
following the end of any fiscal year, and (c) receive written notice of all meetings of the
Association and designate a representative to attend all such meeting.
Section Eight, Limitation on Abandonment of Common Areas. The Association
shall not, without the prior written approval of sixty-seven percent (67%) of the
Mortgagees, seek to abandon the Common Areas for reasons other than substantial
destruction or condemnation of the property. Such abandonment of all or a portion of the
Common Areas shall require approval of the City of Renton.
Section Nine, Notice. If such notice has been requested in writing, Mortgagees
shall be entitled to timely written notice of(a) substantial damage or destruction of any
Housing Unit or any part of the Common Areas or facilities, (b) any condemnation or
eminent domain proceedings involving any Housing Units or any portion of Common
Areas or facilities, (c) any default under this Declaration or the Articles, Bylaws or rules
and regulations of the Association by an Owner of any Housing Unit on which it holds
the mortgage which is not cured within thirty (30) days, (d) any sixty (60) day
delinquency in the payment of assessments or charges owed by the Owner of any
Housing Unit on which it holds the mortgage, (e) ten (10) days' prior written notice of
any lapse, cancellation or material modification of any insurance policy or fidelity bond
maintained by the Association, and (f) any proposed action that requires the consent of a
specific percentage of Mortgagees.
ARTICLE THIRTEEN Management Contracts
Each Member hereby agrees that the Association and the ACC may enter into
agreements for the performance of any or all of the functions of the Association and the
ACC with such persons or entities as the Association deems appropriate, however, any
agreement for professional management of the Properties, or any other contract
providing for services by the Developer must provide for termination by either party
without cause after reasonable notice.
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ARTICLE FOURTEEN Insurance
Section One, Coverage. The Association may purchase as a Common Area
Expense and shall have authority to and may obtain insurance for the Common Areas
against loss or damage by fire or other hazards in an amount sufficient to cover the full
replacement value in the event of damage or destruction. It may also obtain a
comprehensive public liability policy covering the Common Areas. The comprehensive
public liability coverage shall be in an amount to be determined by the Association. It
may also obtain insurance to cover the Board, the ACC, its agents and employees from
any action brought against them arising out of actions taken in furtherance of the
Association's duties under this Declaration.
Following the Development Period, all such insurance coverage shall be written in
the name of the Association as trustee for each of the Members of the Association. The
Association shall review the adequacy of the Association's insurance coverage at least
annually. All policies shall include a standard mortgagee's clause and shall provide that
they may not be canceled or substantially modified (including cancellation for
nonpayment of premium) without at least ten (10) days prior written notice to any and all
insured named therein, including Owners and Institutional First Mortgagees that have
requested notice.
Section Two, Replacement. Repair After Loss. In the event of the damage or
destruction of the Common Areas covered by insurance written in the name of the
Association, the Association may, upon receipt of the insurance proceeds, and to the
extent of such proceeds contract to rebuild or repair such damaged or destroyed portions
of the Common Areas to as good a condition as they were when the loss occurred,
provided, however, that the Association's election not to rebuild the Common Areas shall
require the approval of two-thirds (2/3) of the members of the Association. The
Association may in its sole discretion contract with any contractor for reconstruction or
rebuilding of such destroyed portions of the Common Areas.
ARTICLE FIFTEEN Rules and Regulations
During the Development Period, the Developer may adopt rules and regulations
governing the use of the Properties and the personal conduct of the Members and their
guests, and to establish penalties for the infraction thereof. After the Development Period,
the Association and/or its Board of Directors is hereby authorized and empowered to
adopt rules and regulations governing the use of the Properties and the personal conduct
of the Members and their guests thereon, and to establish penalties for the infraction
thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions
passed by the Board. All Lot Owners shall be given written notice of the rules and
regulations in the manner required by RCW Chapter 64.38.
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ARTICLE SIXTEEN Remedies and Waiver
Section One, Remedies Not Limited. The remedies provided herein, including
those for collection of any assessment or other charge or claim against any Member, for
and on behalf of the Association, the ACC, or Developer, are in addition to, and not in
limitation of, any other remedies provided by law.
Section Two, No Waiver. The failure of the Association, the ACC, the Developer
or of any of their duly authorized agents or any of the Owners to insist upon the strict
performance of or compliance with the Declaration or any of the Articles, Bylaws or
rules or regulations of the Association, or to exercise any right or option contained
therein, or to serve any notice or to institute any action or summary proceedings, shall not
be construed as a waiver or relinquishment of such right for the future, but such right to
enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or
regulations of the Association shall continue and remain in full force and effect. No
waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations
of the Association shall be deemed to have been made, either expressly or implied, unless
such waiver shall be in writing and signed by the Board of Directors of the Association
pursuant to authority contained in a resolution of the Board of Directors.
ARTICLE SEVENTEEN General Provisions
Section One, Singular and Plural. The singular wherever used herein shall be
construed to mean the plural when applicable, and the necessary grammatical changes
required to make the provisions hereof apply either to corporations or individuals, men or
women, shall in all cases be assumed as though in each case fully expressed.
Section Two, Severability. The invalidity of any one or more phrases, sentences,
clauses, paragraphs or sections hereof shall not affect the remaining portions of this
Declaration or any part hereof, all of which are inserted conditionally on their being held
valid in law and in the event that one or more of the phrases, sentences, clauses,
paragraphs or sections contained herein should be invalid, this Declaration shall be
construed as if such invalid phrase, sentence, clause, paragraph, or section had not been
inserted.
Section Three, Duration. These covenants, restrictions, reservations and
conditions shall remain in full force and effect for a period of twenty (20) years from the
date hereof Thereafter, they shall be deemed to have been renewed for successive terms
of ten(10) years, unless revoked or amended as herein provided.
Section Four, Attorney's Fees, Costs and Expenses. In the event the Association
or a Member employs an attorney to enforce any provision of the Declaration, the
Articles, Bylaws of the Association, or rules and regulations adopted by the Association,
the prevailing party in any action for enforcement shall be entitled to the award of
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reasonable attorney's fees, costs and all expenses incurred in the action, whether
determined by judgment, arbitration or settlement.
Section Five, Method of Notice. Any notice required by the Declaration or the
Articles or Bylaws of the Association or the rules and regulations adopted by the
Association shall be deemed properly given when personally delivered, deposited in the
United States mail, postage prepaid, or when transmitted and received by facsimile. The
association may adopt other methods for providing notice by resolution of the Board,
provided that the methods adopted are reasonably calculated torovide actual
the recipients of the notice. P notice to
Section Six, Enforcement of Declaration. This Declaration may be enforced by the
Association, the Developer or the Owner of any lot. Such enforcement may include the
institution of legal proceedings to enforce compliance with or specific performance of
any of the covenants or restrictions contained in this Declaration, rules and regulations
adopted by the Association, or the provisions of the Articles or Bylaws of the
Association.
Section Seven, Successors and Assigns. This Declaration binds and is for the
benefit of the heirs, successors and assigns of Declarants, the Developer, the Members
and the Owners.
Section Eight, Exhibits. All exhibits referred to in this Declaration are
incorporated within the Declaration.
ARTICLE EIGHTEEN Amendment and Revocation
Section One, Exclusive Method. This instrument may be amended, and partially
or completely revoked only as herein provided or otherwise provided by law.
Section Two, Amendment by Developer. During the Development Period, the
Developer may amend this instrument to comply with the requirements of the Federal
National Mortgage Association, Government National Mortgage Association, Veterans
Administration or Federal Home Loan Mortgage Corporation by recording an
acknowledged document setting forth specifically the provisions amending this
instrument.
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Section Three, Voting. This Declaration may be amended at any annual meeting
of the Association, or at a special meeting called for such purpose, if sixty-seven percent
(67%) or more of the Owners vote for such amendment, or without such meeting if all
Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or
more of the Owners vote for such amendment by written ballot. Notice of any proposed
amendment shall be given to all Owners not less than ten (10) days prior to the date of the
annual meeting or of any special meeting at which the proposed amendment shall be
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considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all
Institutional First Mortgagees who have given notice to the Association requesting
notification of amendments must give prior written approval to any material amendment
to the Declaration or Bylaws, including any of the following: (1) voting rights, (2)
assessments, assessment hens and subordination of such liens, (3) reserves for
maintenance, repair and replacement of Common Areas, (4) insurance or fidelity bonds,
(5) responsibility for maintenance and repair, (6) contraction of the project or the
withdrawal of property from the Properties, (7) leasing of Housing Units other than as set
forth herein, (8) imposition of any restrictions on the right of an Owner to sell or transfer
a Lot, (9) restoration or repair(after hazard damage or partial condemnation) in a manner
other than that specified in this Declaration, (10) any action to terminate the legal status
of the Properties after substantial destruction or condemnation occurs, or (11) any
provisions which are for the express benefit of Institutional First Mortgagees. This
declaration may not be amended regarding maintenance of the landscaping, fences,
detention/water quality facility or other improvements required by the City of Renton
without the City's prior written approval.
Section Four, Effective Date. Amendments shall take effect only upon recording
with the Recorder or Auditor of the county in which this Declaration is recorded.
Section Five, Protection of Developer. For such time as Developer or its assignees
shall own any Lot located in the Properties there shall be no amendments to the
Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules
and Regulations adopted by the Association which (1) discriminate or tend to
discriminate against the Developer's rights, (2) change Article I in a manner that alters
the Developer's right or status, (3) alter the character and rights of membership or the
rights of the Developer as set forth in Article III, (4) after its rights as set forth in Article
X relating to architectural controls, (5) alter the basis for assessments, or the Developers
exemption from assessments, (6) after the number or selection of Directors as established
in the Bylaws, or(7) alter the Developer's rights as they appear under this Article.
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