HomeMy WebLinkAboutRC 20120412001054 AFTER RECORDING MAIL TO:
Bruce Knowlton
Toll WA LP 20120412001054
9720 NE 120`h Place,Suite 100 RENTON CITY CL COV 94.00
Kirkland,WA 98034 PAGE-001 OF 033
04/12/2012 14:36
KING COUNTY, UA
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS
FOR
OLYMPUS VILLA,A SUBDIVISION
Grantor/Declarant: CamWest Olympus Villa LLC,a Washington limited liability company
Grantee: Olympus Villa Homeowners Association
Abbr.Legal Descrip. Lots 1-11 &Tract B of the Plat of Olympus Villa recorded in Vol, f
Plats,PagesQz3-oil-King County recording#,2012,OLI MOO 10.3.
[Full Legal Description on Exhibit A]
Tax Parcel No.: 1123059065
Docs Modified: N/A
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 1
l /,
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS
FOR
OLYMPUS VILLA,A SUBDIVISION
CamWest Olympus Villa LLC,a Washington limited liability company,hereinafter referred to
as"Declarant",makes this Declaration as of the& day of ,2012.
SUBMISSION OF THE PROPERTY TO THIS DECLARATION
A. Declarant, CamWest Olympus Villa LLC, is the owner of the real property and
improvements located within the City of Renton, County of King, State of Washington, commonly
known as"Olympus Villa"or the"Property,"and more particularly described in Exhibit A attached
hereto.
B. Declarant has created an owners association at Olympus Villa to provide for the
maintenance, preservation and architectural control of the Lots and the Tracts within the Property(as
defined herein).
C. These covenants and servitudes are intended to create a comprehensive system of
land-use, development and architectural controls within the Property to enhance the value and
attractiveness of the Property,and to protect and benefit the interests of the Owners of the Property.
D. The Declarant hereby submits the Property to this Declaration of Covenants,
Conditions, Restrictions and Reservations ("Declaration" or"CC&Rs"). The Property shall be held,
sold, conveyed, encumbered, leased, rented, occupied and improved subject to these CC&Rs, which
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 any real property interest in any portion of
the Property,shall and hereby is deemed to incorporate by reference all provisions of this Declaration.
Article 1. DEFINITIONS
Section 1.1 Definitions. For the purposes of this Declaration and any amendments hereto,
the following definitions shall apply.
"Architectural Control Committee" or "ACC" 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.
"Assessments" shall mean all sums chargeable by the Association against a Lot as set out
herein, including, without limitation: (a)General and Special Assessments for maintenance, repair or
replacement of the Common Area, the Association Maintained Areas and any other property of the
Association as set out in Sections 7.5-7.7;(b)Specific Assessments against a Lot as set out in Section
7.8;(c)fines imposed by the Association;(d)interest and late charges on any delinquent account;and
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 2
(e)costs of collection, including reasonable attorneys' fees, incurred by the Association in connection
with the collection of a delinquent Owner's account.
"Association" or ("HOA") shall mean the Olympus Villa Homeowners Association, a
Washington non-profit corporation,as described more fully in Article 3 and its successors and assigns.
"Association Maintained Area"shall mean those facilities, improvements and portions of the
Plat that the Association is obligated to maintain. The Association Maintained Area includes the
property and improvements described in Section 2.4 of this Declaration.
"Board"shall mean and refer to the Board of Directors of the Association, as provided for in
Article 3, and any board, group or entity of the successor or assign to the Association serving in a
comparable capacity to the Board of Directors.
"Bylaws" shall mean the bylaws of the Association as they may from time to time be
amended.
"Class A Members"shall mean all Owners other than the Declarant when the Declarant is the
Class B Member. If the Declarant is no longer the Class B Member, then it shall mean all Owners,
including Declarant. If there is no Class B member,it shall mean all Owners.
"Class B Member"shall mean the Declarant.
"Class B Control Period"and"Control Period"shall mean the period of time during which the
Class B Member is entitled to appoint the members of the Board. The Class B Control Period shall
terminate on the first to occur of the following:
(a) When 75%of the Lots have certificates of occupancy issued for the Home thereon
and have been conveyed to Class"A"Members other than builders;
(b) January 1,2019;
(c) When,in its discretion,the Class B Member so determines.
"City"shall mean the City of Renton,in the County of King,State of Washington.
"Common Area" shall mean all real property and improvements thereon from time to time
owned by the Association or in which the Association has a real property interest for the common use
and enjoyment of the Members. The Common Area may (but need not) include detention facilities,
open space,tot lots,recreational facilities,parks,lakes,streams,wetlands,private streets not dedicated
to the City, County or the State of Washington,trails and fencing on Common Areas. The Common
Area includes the property and improvements described in Section 2.1 of this Declaration.
"Declarant" shall mean CamWest Olympus Villa LLC, a Washington limited liability
company. No successor or assignee of the Declarant shall have any rights or obligations of the
Declarant hereunder unless such rights and obligations are specifically assigned to such party by
written instrument designating the party as Declarant hereunder or which pass by operation of law.
"Declaration" shall mean this Declaration of Covenants, Conditions, Restrictions and
Reservations,as it may be amended from time to time or supplemented in the manner provided herein.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 3
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"Entry Monument(s)" shall mean any entry monument(s), signs, landscaping, lighting and
other improvements that are or may be installed by the Declarant or Association to mark the entry to
the Plat and includes any irrigation for the same.
"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 I-1 i numbered Lots shown on the Plat. Ownership of
a Lot shall include ownership of the Home and improvements now or hereafter constructed on the Lot.
"Member(s)"shall mean the Class A Members and the Class B Member.
"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. When exercising any voting rights a Mortgagee has hereunder, it shall have the same voting
rights as the owners of the 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 any Lot
which is part of the Property 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.
Owner does not mean any party holding an interest merely as security for the performance of an
obligation.
"Person" shall include natural persons, partnerships, corporations, associations and
personal representatives.
"Plat"shall mean the plat for Olympus Villa which depicts the layout of the Lots and Tracts
on the Property. See Exhibit A for recording information for the Plat.
DECLARATION OF COVENANTS,CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 4
"Private Access and Utility Easement"shall mean that Easement over Lot 3 for the benefit of
Lot 2 which is more fully described in Exhibits B-1 and B-2 attached hereto.
"Private Drainage Covenant and Easement"shall mean that covenant and easement set out on
sheet 2 of the Plat granting the City of Renton the right of access to all Lots and Tracts containing
private stormwater facilities to ensure that they are being properly operated and maintained and
requiring approval by the City of Renton if any Owner or the Association wishes in any way to alter
those facilities. The City of Renton also has the right to repair any deficiencies in those facilities at the
Owner's Cost as set out on sheet 2 of the Plat in the"Easement Provisions/Notes".
"Property"shall mean the real property described on Exhibit A attached hereto.
"Public Stormwater Facilities" shall mean the detention pond and water quality facilities
located within Tract A owned by the City of Renton.
"Public Utility Easement" shall mean the easement across the exterior 10 feet and parallel
with the street frontage of all Lots and Tracts for the location and maintenance of public utilities,
including but not limited to, power, telecommunications, cable television, water, sanitary sewer,
natural gas,storm drainage, and accessory equipment. The Public Utility Easements are described in
Note l of Easement Provisions on Sheet 2 of the Plat and depicted on Sheets 4 and 5 of the Plat. The
Public Utility Easements are further described on Exhibits B-1 and B-2 attached hereto.
"Sensitive Area Tract"shall mean Tract B on the Plat. Tract B is subject to the"Restrictions
for Critical Area Tracts and Critical Areas and Buffers"as set out on sheet 2 of the Plat.
"Street Trees"shall mean the street trees located within the public right of way in the planter
strip.
"Street Lighting"shall mean the lighting for streets within the Property.
"Structure" shall mean any thing or object the placement of which upon any Lot may affect
the appearance of such Lot,or the alteration of any Lot in a manner that may impact the flow of water,
including (i) any building, garage, porch, shed, greenhouse, patio, deck, swimming pool, curbing,
paving, tree house, fence, wall, rockery, hedge, sign, statue, basketball goal, pole, antenna, dish or
other receiving device,or the like,and(ii)any excavation,fill,ditch,dam,or other thing or device that
affects or alters the natural flow of surface waters from, upon or across any Lot,or which affects or
alters the flow of any waters in any natural or artificial stream or drainage channel from, upon or
across any Lot.
"Tract" shall mean and refer to any of Tracts A through C shown on the Plat. Tract A is
owned by the City of Renton and Tract C is owned by the Declarant. Tracts A and C are not part of
the Association. However,the Association has the obligation to maintain landscaping within Tract A
as more fully set out in Section 2.4 and Exhibit B-l.
"Yard Landscaping"shall mean landscaping installed by Declarant or installed by Owner on a
Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located on the
planter strip in front of each Lot.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 5
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Article 2. COMMON AREA/ASSOCIATION MAINTENANCE/EASEMENTS
Section 2.1 Description of Common Area. The Common Area, as shown on the Plat, is
comprised of the following:
Tract B-Open Space/Sensitive Area
(Tract A is owned by the City of Renton and Tract C is owned by the Declarant. These Tracts are not
part of the Association.)
Section 2.2 Dedication of Common Area. The Declarant,by recording the Plat,dedicated
and conveyed the Common Area (without warranty) to the Association. In the event that the
Association is ever dissolved,then each Lot in the Plat shall include an equal and undivided interest in
the Tract B previously owned by the Association and have the attendant obligation to maintain
Tract B.
Section 2.3 Use of Common Area. Each Owner shall have the right to use the Common
Area in common with all other Owners, subject to the terms and conditions of this Declaration, the
Plat, including easement rights of Owners, the Bylaws, any rules and regulations adopted by the
Association,and the following:
2.3.1 The Association may regulate, restrict or bar use of portions of the
Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be
detrimental to the environment, be inconsistent with development conditions, government regulations
or easement rights affecting the Property, or be inconsistent with its designation as open space or a
sensitive area tract on the Plat. Tract B is a Sensitive Area Tract subject to the critical area restrictions
on the face of the Plat which include the restriction that all trees and other vegetation within Tract B
must be left undisturbed and may not be cut,pruned,covered by fill,removed or damaged without the
express written approval of the City of Renton
2.3.2 The Association shall have the right to dedicate or transfer all or any
portion of the Common Area, 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. Except as
dedicated or transferred herein, no 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 Area shall be duly executed by the president and
secretary or other officer of the Association who shall certify that the requisite vote or consent has
been obtained.
Section 2.4 Association Maintained Area. The Association Maintained Area is
comprised of the following areas,facilities and improvements:
The Common Area (Tract B), including any fences located thereon and private
Association utilities,but excluding any public owned utilities and private utilities required
to be maintained by Owners;
c All Association utilities or facilities located on Lots and Tracts;
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 6
o Landscaping and Street Trees in public right of way at Plat entry;
0
Landscaping located in Tract A;
P g
O Street Trees in front of Tracts A and Tract B;and
▪ Any Entry Monuments and Association Signage.
The Association Maintained Area also includes any other areas, facilities, improvements or property
that may be acquired by the Association or for which the Association has, or assumes, responsibility
pursuant to the Declaration or any covenants,contracts or agreements.
Section 2.5 Association Maintenance Responsibilities. The Association shall have full
responsibility for the maintenance, repair, replacement and improvement of the Association
Maintained Area and any improvements and Association owned utility facilities therein. All such
areas and facilities shall be reasonably maintained for their intended use, subject to applicable
governmental restrictions. The costs of maintaining the Association Maintained Area shall be
assessed against the Lots as set forth in Sections 7.4—7.8 and Exhibit B-1 attached hereto.
Section 2.6 Delegation of Use. Any Owner 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 Area to family members, guests and tenants of such Owner. Each Owner shall be
responsible for informing such Owner's family members,guests,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 Area. Each Owner shall be
personally liable for any damage to any Common Area 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 2.7 Public Utility Easement and Public Water Easement.The Plat creates a Public
Utility Easement on the Lots and Tracts for utility installation and maintenance which may include
some or all of the following: power, telecommunications, cable television, water, sanitary sewer,
natural gas,storm drainage,and accessory equipment,together with the right to enter upon the Lots at
all times for said purposes. Within the easement areas, no structure, planting,or other material shall
be placed or permitted to remain that may damage or interfere with the installation, maintenance and
use of utilities. Each Owner must maintain any the landscaping within the easement area within their
Lot. The owners of the utilities are generally responsible for maintenance of the utility facilities
within the easement areas.
Section 2.8 Signage Easement. Declarant hereby creates, for the benefit of the
Association, a perpetual easement on, under, over and across the exterior ten feet of all Lots parallel
with and abutting all public rights of way and all private streets, alleys and drives in which to install
and maintain street signs,directional signs,no parking signs,other types of signs and address columns
or monuments.
Section 2.9 Association Functions Easement. There is hereby reserved to Declarant and
the Association or their duly authorized agents and representatives such easements as are necessary to
DECLARATION OF COVENANTS,CONDmONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 7
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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 2.10 Easement for 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 and
the Common Area 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 3. HOMEOWNERS ASSOCIATION
Section 3.1 Establishment. The Olympus Villa Homeowners Association (the
"Association") was formed on September 20, 2011 by filing of an application with the Secretary of
State of the State of Washington.
Section 3.2 Form of Association; Articles of Incorporation. The Association is a
nonprofit corporation as set out in the Articles of Incorporation, duly formed and operated under the
laws of the State of Washington. The Articles of Incorporation may be amended as set out in
Article 12 of this Declaration. In the event of any conflict between this Declaration and the Articles of
Incorporation,the provisions of this Declaration shall prevail.
Section 3.3 Bylaws. The Board of Directors of the Association has or will adopt 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. The Bylaws may be amended
as set out in Article 12 of this Declaration. 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. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and
Bylaws of the Association. A majority of the Directors elected by the Class A Members must be
members of the Association. The Directors appointed by the Class B Member need not be members of
the Association.
Section 3.5 Membership and Voting Rights. The Association shall have two classes of
voting membership:
3.5.1 All Owners, except the Declarant when the Declarant is the Class B
Member, will be Class A Members. Each Class A Member will 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 Declarant will initially be the Class B Member: The Class B
Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall
cease upon termination of the Class B Control Period. At that time, the Class B Membership will
convert to Class A membership for each Lot still owned by Declarant.
DECLARATION OF COVENANTS.CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 8
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 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.
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.
Section 3.9 Financial Statements. At least annually, the Association shall prepare, or
cause to be prepared at the expense of the Association, a financial statement of the Association
("Financial Statement").
Section 3.10 Audit of Financial Statements.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. If the annual Assessments are fifty thousand dollars($50,000)or more,
the Financial Statements shall be audited at least annually by an independent certified public
accountant unless the audit is waived by sixty-seven percent(67%)of the votes cast by the Members,
in person or by proxy,at a meeting of the Association at which a quorum,as defined by the Bylaws of
the Association, is present. For each year the Members desire to waive the audit, the Members must
vote to waive the audit in accordance with this section.
Article 4. MANAGEMENT OF THE ASSOCIATION
Section 4.1 Administration of the Property. 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.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 9
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 Area and the Association Maintained Areas,the collection
of Assessments,the sending of all required notices to Owners,the operation of Association meetings
and other regular activities of the Association.
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 or their Owners, the cost
thereof shall be specially charged to the Owners of such Lots. The Board may pay the Declarant a
reasonable fee for any services it performs on behalf of the Association.
4.2.5 Pay for power for all streetlights located on the Property and water and
power for irrigation of the Common Area and Association Maintained Areas.
4.2.6 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 Tree Trimming, Maintenance and Removal. The Board may require, at the
Owner's expense, the trimming, topping or, if deemed necessary by the Board, removal of any tree,
hedge or shrub in the Yard Landscaping on the Owner's Lot that the Board determines (i) is
interfering with the view or access to sunlight of any Common Area,(ii)is interfering with pedestrian
travel on sidewalks or walking paths in the community, or (iii) is interfering with safe automobile
travel in the community, provided that that no tree may be removed unless any necessary permits are
obtained from the City of Renton. Each Lot Owner shall maintain and pay for the costs of
maintenance of the Street Trees in planter strips abutting his/her Lot. The Association shall maintain
and pay for the costs of maintenance of any Street Trees located in planter strips in front of Tracts A
and B and at the entry,and for landscaping located in Tract A. If an Owner wishes to remove any tree
that is part of the Yard Landscaping that is eight inches or greater in diameter at breast height, the
ACC must approve the removal of the trees. The ACC may require the report of an arborist attesting
that a tree is unhealthy or that it presents a hazard to person or property. All requests must be
submitted for approval to the ACC in duplicate at least 30 days prior to the proposed removal date. In
the event the ACC fails to approve or disapprove such removal within 30 days after the request has
been submitted to it, the ACC approval will be deemed to have given. In the event of an emergency
notice should be given to the ACC as soon as practicable and the ACC shall provide a prompt
response. In addition, no Street Tree or other tree on any Lot may be removed without complying
with City of Renton tree removal permit requirements.
4.3.1 Tract B is subject to the Critical Area restrictions on the face of
the Plat. All trees and other vegetation within Tract B must be left undisturbed. Trees and
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 10
other vegetation may not be cut, pruned, covered by fill, removed or damaged without the
express written approval of the City of Renton.
Section 4.4 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 Area, the Association Maintained Area, 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 4.5 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 Any Structures to be constructed, erected or placed within the
Property, and any alteration or change to the exterior appearance of any Structure on the Property,
must be approved by the Board acting as an Architectural Control Committee ("ACC") or an ACC
composed of three or more persons appointed by the Board. Nevertheless,Owners arenot required to
obtain ACC approval for alterations solely to the interior of any Structure, flower boxes or planters,
ordinary landscaping,seasonal plantings or adornments,and normal maintenance,unless re-roofing or
residing with different materials or repainting with a different color or otherwise altering the material,
colors or design of the original Home or any ACC approved changes, provided that ACC approval is
not required if repainting a Home with an original color scheme used on any Home elsewhere in the
Plat provided that no Home may be painted the same color scheme as any adjacent Home. 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 Structures or exterior alterations and repairs requiring
approval, together with detailed plans showing the proposed location of the same on the particular
building site and other data requested by the ACC must 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 quality of design, planned
materials and conformity and harmony with proposed or existing Structures on the Lot; the effect the
proposed Structure will have on the view or outlook of surrounding Lots; compliance with building
setbacks and Plat provisions; the location, elevation and finish grade of the Structure on the Lot; and
compliance with any architectural guidelines adopted by the ACC.
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,subject to the provisions of Subsection 5.1.4.
DECLARATION OF COVENANTS.CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE I
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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 is allowed under
applicable zoning,land use and building codes.
5.1.5 The ACC may require that all plans or specifications for Homes or
significant Structures be prepared by an architect or a competent house designer approved by the
ACC. The ACC may require that all Homes and significant Structures be erected or constructed, and
all major exterior alterations or repairs made, by a contractor, house builder or other person or entity
approved by the ACC in its reasonable discretion. -
5.1.6 The ACC shall have the right to refuse to approve any design,plan or
color for Structures or other improvements, including swimming pools and other recreational
Structures, and exterior alterations of Structures, which in the ACC's opinion are not suitable or
compatible with other Homes in the Plat,and such refusal may be based entirely on aesthetic or other
factors. With respect to recreational Structures, the ACC may consider the visual impact of the
proposed Structure or equipment and the noise impact of the related activities upon all nearby Lots and
the 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 be subject to all the conditions,restrictions,and requirements as
set forth herein for all buildings and structures.
5.1.7 Declarant (including any successor in interest to Declarant) shall not
be subject to the restrictions of this Section 5.1 as to any Lot owned by Declarant,and as to Tract C
(which is not part of the Association and not subject to this Declaration).
5.1.8 By majority vote, the ACC, may adopt or amend architectural
guidelines consistent with this Declaration for making its determinations hereunder, provided that the
Board as a whole shall approve such guidelines and amendments thereto.
5.1.9 • No Structure shall be erected, altered, placed or permitted to remain
on any Lot unless the Structure complies with the Plat, this Declaration 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 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 Area, the Association Maintained Area, 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 5.3 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
DECLARATION OF COVENANTS.CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 12
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, banners, model units, sales office, construction
office,parking areas and the like for all prospective tenants or purchasers of Declarant.
Article 6. MAINTENANCE OBLIGATIONS OF OWNERS; USE RESTRICTIONS AND
EASEMENTS
Section 6.1 Home and Yard Maintenance. Except for such maintenance and repairs
which are to be performed by the Association, each Owner, at said Owner's cost and expense, shall
promptly and continuously maintain, repair, replace and restore the Home, Structures, the Yard
Landscaping(including abutting Street Trees located in the planter strip)and other improvements on
the Owner's Lot in a good, neat,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. Lawn, trees, hedges, shrubs, and flowers shall be maintained in an attractive, neat and
trimmed condition. Lot Owners shall be responsible for sweeping and snow removal of the sidewalk
located on the Owner's Lot. Each Owner is responsible for irrigation for the Yard Landscaping of
such Owner's Lot and the abutting Street Trees. If any Owner fails to maintain, repair, replace or
restore the Owner's Home, Structures, landscaping or other improvements as required herein, 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.
Section 6.2 Restrictions on Storage; Use of Garage. No Owner may 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. Garages must be used for the primary
purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that
interferes with the daily use of the garage for parking vehicles, provided that this restriction shall not
apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers,
boats and other recreational vehicles may not be kept in driveways or parking spaces except on a
temporary basis for loading or unloading, subject to such rules and regulations concerning parking as
may be adopted by the Board. No in-operative vehicle of any type may remain in any driveway or
public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound,
at the expense and risk of the owner thereof. The Association may adopt rules and regulations to
implement these restrictions and provide guidance to Owners.
Section 6.3 Roads and Sidewalks. Parking is not allowed on the sidewalks. No
vehicle parked in any driveway may extend into the street or sidewalks of Olympus Villa or
otherwise inhibit vehicular or pedestrian traffic or access to any Home.
Section 6.4 Residential Use and Home Occupations. The Lots and Structures located
thereon may be used only for(i) residential purposes, including 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,
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 13
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) use as a home office or (iii) use for a home business that does not create
safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the
common social,recreational or other reasonable uses of the Community;(v)purposes of operating the
Association and managing the Property,or(vi)the business of the Declarant in developing and selling
Homes or Lots.
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.
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, Common Area or other portion of the
Property may be used as a dumping ground for rubbish, trash, garbage, litter,junk and other debris.
All garbage, trash and yard waste must 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. 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 Common Area, except that domesticated
dogs, cats or other usual household pets (hereinafter referred to as "pets") may be kept on the Lots
subject to rules and regulations adopted by the Board. All pets when outside a Home shall be kept on
an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the
pet at all times, by fencing 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 Property nor
shall they be allowed to bark continuously or make disturbing noises. 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 unreasonably
disturbing other Owners, 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 property address and/or
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; (iv)political yard
signs displayed prior to any primary or general election, (v)outdoor display of the flag of the United
States if the flag is displayed in a manner consistent with federal flag display laws, or (vi) the
permanent entry monument signs, and fire lane, road and directional signs for the Property. The
Association may adopt reasonable rules and regulations concerning the placement and manner of
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 14
display of political yard signs,and of the flag of the United States consistent with federal flag display
laws. The restrictions in this Section shall not apply to Declarant who may post such signs or similar
displays such as banners on the property of a size it deems necessary or appropriate for the sale or
lease of Homes in the Plat as long as the Declarant has a Home for sale or lease.
6.9.1 The Declarant may, in its sole discretion, construct signage at the
entrance to the Plat which identifies it and includes a notation indicating that it was developed "by
Toll Brothers" (or some similar reference to Declarant or any entity affiliated with Declarant),
including the use of any particular logos and/or trademarks utilized by Declarant, and convey such
signage to the Association along with a non-exclusive license to use the logos and/or trademarks
depicted on the signage (but only for purposes of maintaining such logos/trademarks in the manner
depicted on the signage at the time of conveyance and for no other purpose), such license being
revocable by Declarant at any time. If the license is revoked,all references to Toll Brothers shall be
removed from the signage.
Section 6.10 Renting and Leasing.
6.10.1 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 sale or other arrangement in lieu of a foreclosure) shall be prohibited from leasing or
renting less than the entire Home unless otherwise approved by the Board. All rental agreements shall
be in writing,shall have a term of at least 30 days(unless otherwise approved by the Board),and shall
specify that it is subject to this Declaration, the Articles and Bylaws. If a rental agreement does not
state that the rental is subject to this Declaration, the Articles and Bylaws, it shall nonetheless be
subject to such documents. A violation of the tenant/lessee in complying with this Declaration, the
Articles or Bylaws shall be enforceable against the tenant/lessee and the Owner.
6.10.2 If any amounts due to the Association in accordance with the
provisions of this Declaration are in default for over 30 days,that sum, plus interest and costs,may be
collected by the Board from a lessee of a Home/Lot in default. The lessee shall pay to the Board from
the rent owed to the lessor any such amounts due to the Association. The lessee shall not have the
right to contest payment over to the Board, and such payment will discharge the lessee'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/Lot 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/Lot 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 Temporary Residence. No mobile home or modular home shall be permitted
on any Lot. No trailer, outbuilding, tent, shack, garage, 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 6.12 Satellite Dishes and Antennae. Except as approved by the ACC, and subject
to applicable federal and local laws governing their location and size, no antenna, satellite dish or
similar equipment shall be affixed to the exterior of anyStructure or otherwiseplaced on anyLot. In
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 15
order to minimize the visibility of such devices from other Lots and from the public streets the ACC
may regulate the location, size and color of such devices,and may require screening of any antenna,
satellite dish or similar equipment to the maximum extent allowed under federal law.
Section 6.13 Governmental Requirements. All Structures and other Lot improvements
must comply with the requirements of the Plat and with all applicable statutes,ordinances, regulations
and government requirements including, without limitation, zoning building and environmental
regulations applicable to the Property. 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 6.14 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. No
Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area,
public street or other portion of the Property.
Section 6.15 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. This period
may be extended by the ACC due to inclement weather or other unforeseen events.
Section 6.16 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.
Section 6.17 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots
unless prohibited by law. Reasonable and adequate precautions against fires must be taken. Excessive
smoke or soot accumulation from barbeques 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.
Section 6.18 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 6.19 Damage and Repair of Property. Upon any Substantial Damage (as defined
below)to any Home or Lot,the Owner shall promptly restore and repair the Home to substantially the
same size and design as the original Home. The prior written consent or vote of the Board is required
to rebuild in accordance with a plan that is different from the original plan or such plan as modified by
alterations that were 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 (exclusive of the Lot value) before the damage
occurred,as determined by the then current assessment for the purpose of real estate taxation. For all
DECLARATION OF COVENANTS.CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE I6
restoration and repair less than Substantial Damage,the Owner must follow the procedures outlined in
Article 5.
Section 6.20 Driveway Maintenance Easements. Certain Lots may have driveways that
abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in
favor of each Lot that has any portion of a driveway within three feet of the common boundary line of
an adjacent Lot. The easement shall be for the purpose of maintenance, repair or replacement of the
driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is
reasonably necessary for such maintenance, repair or replacement. The benefited Owner must repair
any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that
immediately before use of the adjoining Lot.
Section 6.21 Fence Easement. Declarant has or may construct certain rockeries,walls and
fences between Homes on adjoining Lots within Olympus Villa, or on Lots which are adjacent to
Tracts or lots in other neighborhoods. The intention of the Declarant is that each fence, rockery and
wall,when constructed, shall be wholly on one Lot or Tract,and immediately adjacent to,but not on,
the common property line with any adjoining Lot, Tract or lot in another neighborhood. Due to
obstructions or topography, however, Declarant may not have placed each fence, wall or rockery
wholly within a Lot or immediately adjacent to a common property line of a Lot with another Tractor
Lot, or with a lot in an adjacent neighborhood. Therefore, Declarant reserves an easement for
Declarant,one foot wide on each side of each common Lot boundary line for the placement of fences,
rockeries and walls,and also reserves an easement on Lots for Declarant,the Association and each Lot
Owner five feet wide on each side of fences, rockeries and walls installed by the Declarant for
maintenance as long as the fence,rockery or wall exists.This easement is in addition to any easements
set out on the Plat and those described in Exhibits B-1 and B-2. The Association shall have the right
to maintain, repair and replace any portion of a fence, rockery or wall located on any part of an
Association Maintained Area, and shall have reasonable access over any adjoining Lot for such
purposes. The Owner of a Lot upon which Declarant has installed a fence, wall or rockery shall be
responsible for its maintenance and if placed on a common boundary line between Lots,the Owners of
Lots on each side of a fence, wall or rockery shall be jointly responsible to maintain them in good
condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make
decisions concerning any modification,alteration,repair,replacement or removal of the fence, wall or
rockery subject to ACC approval. Each Owner may, however, paint or stain its side of any fence
located on a common boundary without the consent of the other Owner. Neither the location of any
fence,wall or rockery installed by Declarant within the easement area described herein on Lots within
Olympus Villa, nor the conduct of an Owner in maintaining the land between a fence, wall or rockery
on an adjoining Lot or on the common property line shall be construed as modifying the common
property tine between the two Lots as set out on the Plat. In the event an Owner installs a fence,
rockery or wall wholly on Owners Lot after obtaining necessary ACC and other approvals,that Owner
shall be responsible for maintaining, repairing and replacing all portions thereof and shall have
reasonable access over the adjoining Lot for such purposes.
Section 6.22. Limitation on Grading.The grading of any Lot is not to be changed by a Lot
Owner in any manner that will cause an adverse effect on adjacent Lots. Any earth disturbance,
including but not limited to the moving, depositing, stockpiling or storing of soil; rock or earth
materials, made by any Lot Owner shall not cause an adverse effect on the adjacent lots, roads,
stormwater conveyances,or erosion control measures. �
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 17
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 therefore, 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. Each such Assessment,together with interest,costs, late
charges and reasonable attorneys' fees shall be the personal obligation of the person(s) who was the
Owner of such Lot at the time when the Assessment fell due. Such Assessments, together with
interest, costs, late charges and reasonable attorneys' fees, if not paid when due, shall be a charge on
the land and shall be a continuing lien upon the Lot against which each such Assessment is made as
set forth in Section 7.13. The personal obligation of an Owner for delinquent Assessments shall not
pass to a successor in title unless the lien for such delinquent Assessments was 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. Assessments which may be levied pursuant to the
authority of the Board as set forth in this Declaration shall be established in accordance with this
Article 7. Except as set forth in Section 7.10 with respect to Declarant, the obligation to pay
Assessments shall commence as to each Lot after the Board first determines a budget and levies
Assessments and after the Lot is first conveyed to an Owner other than Declarant. The first annual
General Assessment levied on each Lot shall be adjusted according to the number of months
remaining in the fiscal year at the time Assessments commence against the Lot. No Owner may
exempt himself or herself from liability for his assessments by abandoning the Owner's Lot.
Section 7.3 Association Budget. The Board shall prepare,or cause the preparation of,and
adopt a 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, including any contribution to reserves. After termination
of the Class B Control Period, the Board shall, within thirty days after adoption of any proposed
budget of the Association, set a date for a meeting of the Members to consider ratification of the
budget which shall be not less than ten nor more than fifty days after delivering a notice of the meeting
and a summary of the budget to the members of the Association. Unless a majority of members of the
Association who are present at the meeting reject the budget, the budget is ratified, whether or not a
quorum is present. In the event the proposed budget is rejected or the required notice is not given,the
periodic budget last ratified by the members shall be continued until such time as the members ratify a
subsequent budget proposed by the Board.
Section 7.4 Levy of General Assessment. In order to meet the costs and expenses
projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8,the Board may
determine and levy a General Assessment equally against every Lot that is subject to assessment
hereunder. In determining the General Assessment rate per Lot, the Board may consider any
Assessment income expected to be generated from any additional Lots reasonably anticipated to
become subject to assessment during the fiscal year.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 18
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 Board 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.
Section 7.7 Levy of Special Assessments. In addition to the General Assessments
authorized by this Article,the Association may levy Special Assessments at any time against all Lot
Owners,applicable to that year only,for the purpose of covering unbudgeted expenses or expenses in
excess of those budgeted;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.
Section 7.8 Levy of Specific Assessments. In addition to the General and Special
Assessments authorized by this Article, the Association may levy Specific Assessments against a
particular Lot or Lots as follows: (i) the costs of the Association for the maintenance, repair or
reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the
Lots, (ii) the costs incurred by the Association to bring the Owner's Lot into compliance with this
Declaration or the other governing documents, and (iii) the costs, including overhead and
administrative costs of providing services to Lots upon request of an Owner pursuant to any menu of
special services which may be offered by the Association. Special Assessments may be levied either
before or after the work is done,in the discretion of the Board.
Section 7.9 Manner and Time of Payment. Assessments shall be payable in such
reasonable manner as the Board shall designate. The Board may require that any Assessment or
installment thereof which remains unpaid for at least 15 days after the due date thereof to be assessed a
late charge not to exceed 20%of the delinquent Assessment and in addition, be charged interest at the
rate of 12% per annum on the outstanding balance (Assessment plus late charge) if the delinquent
Assessment plus late charge has not been paid by the last day of the month in which it is due.
Section 7.10 Declarant's Option to Fund Budget Deficits. Until Assessments have
commenced on all Lots, the Declarant may either pay Assessments as set by the Board in the same
manner as any other Owner,or may pay the difference between the amount of Assessments levied on
all other Lots subject to assessment and the amount of actual expenditures by the Association during
the fiscal year.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 19
II
•
Section 7.11 Suspension of Voting Rights.The Association shall have the right to suspend
the voting rights by any Owner for any period during which any Assessment against such Owner's Lot
remains unpaid for thirty days or more, and for a period not to exceed 60 days for any, and for each
separate,infraction of the Association's published rules and regulations.
Section 7.12 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 7.13 Lien. In the event any Assessment or installment thereof remains delinquent
for more than 60 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.
Section 7.14 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 7.15 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 7.16 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 Assessments and charges or lack thereof for 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
DECLARATION OF COVENANTS,CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 20
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 7.17 Foreclosure of Assessment LienLAttomevs Fees and Costs. The Board (or
authorized agent) on behalf the Association, may initiate an action to collect any Assessment or to
foreclose the lien of any Assessment. In any action to foreclose 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 7.18 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 and all costs, fees,
late charges and interest which have accrued thereon,with respect to the Lot to which such notice of
Assessment was recorded. 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, including litigation, to collect the
delinquent Assessments,including a reasonable sum for attorneys' fees and costs. In addition,a fee of
one-hundred dollars ($100.00) or such other amount as may from time to time be set by the Board
covering the cost of preparation and recordation of the satisfaction of lien shall be paid to the
Association prior to such action. The satisfaction and release of the lien shall be executed by the
president or treasurer of the Association or by any authorized representative of the Board.
Section 7.19 Delinquent Assessment Deposit;Working Capital.
7.19.1 A Lot Owner may be required by the Board to make and maintain a
deposit in an amount of up to three months estimated monthly Assessments, if a Lot Owner has been
thirty days(30)days delinquent in payment of any Assessments owing on two(2)or more occasions
within a one (1) year period. 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.
The Board shall provide notice to the Lot Owner of such deposit requirement thirty (30) days in
advance of its due date.
7.19.2 Said deposits shall not be considered as advance payments of regular
Assessments,but a fund to be drawn on by the Association if the Lot Owner fails to make payment of
Assessments owing by their due date. 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 the 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 payments and deposit restoration payments as
provided by this Declaration and by law. The deposit shall be returned to the Owner if the Owner
makes all Assessment payment when due fora period of one(1)year.
7.19.3 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
DECLARATION OF COVENANTS.CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 21
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 any reimbursement from the purchaser.
7.19.4 The first purchaser of any Lot shall pay to the Association, in
addition to other amounts due, three hundred dollars ($300.00) as an initial contribution to the
Association's working capital. Such working capital contributions are not a prepayment of nor
credited to assessments owing or to become owing by any Owner,and are not refundable or subject to
reimbursement by the Association. Such funds shall not be used to defray Declarant's expenses in
completing the construction or development of the Property or to makes up any deficits in the budget
of the Association during the Class B Control Period. Such funds shall be turned over to the
Association upon termination of the Class B Control Period.
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). A claim for
damages or injunctive relief,or both,may be filed 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. In addition, the City shall have enforcement rights
elating to the maintenance obligations of the Association as a third party beneficiary to the extent
provided in Section 14.6.
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 substantially 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 Remedies Cumulative. 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.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 22
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 13 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 the case where 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/or in the case
when 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 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 solely in his/her capacity as a Member or Owner of a Lot and not
in his/her capacity as Board member.
Article 10. MORTGAGEE PROTECTION
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,or other purchaser of a Lot,who obtains ownership of
a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any Assessments accruing
before such ownership but shall be liable for any Assessment accruing after such ownership. Such
unpaid share of common expenses or Assessments shall be deemed to be common expenses collectible
from all of the Lot Owners including such owner, 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
there under), or a Mortgage or deed of trust (or Mortgagee or beneficiary there under) 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
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 23
1
Declaration with respect to any unsatisfied Mortgage duly recorded at the time the amendment is
approved unless the holder of the Mortgage has consented in writing to the amendment in writing.
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,rrepresentative 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. ABANDONMENT OF SUBDIVISION STATUS
Section 11.1 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
12.
Section 11.2 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 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.
Article 12. AMENDMENT OF DECLARATION OR PLAT
Section 12.1 Declaration Amendment. Amendments to this Declaration shall be made by
an instrument in writing and shall set forth the entire amendment. Until the termination of the Class B
Control Period, this Declaration may be amended by an instrument approved and executed by the
Class B Member. Thereafter,except as set forth in Section 12.3 of this Declaration,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
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 24
been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first
Mortgagees who have requested notification from the Association of amendments shall be required for
any material amendment to the provisions of the Declaration or the Bylaws regarding any of the
following: voting rights; Assessments,Assessment liens,and subordination of such liens; reserves for
maintenance, repair, and replacement of Common Area or Association Maintained Area; insurance or
fidelity insurance; responsibility for maintenance and repair, 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. En addition, the written approval of the City shall be required for any amendment to
the provisions of this Declaration relating to the maintenance obligations of the Association set forth
in the Plat,as provided in Section 14.6.
Section 12.2 Plat. Subject to other applicable provisions of the Declaration, the Plat may
be amended by revised versions or revised portions thereof. Except as otherwise provided in Section
12.3, until the termination of the Class B Control Period the Plat may be amended by an instrument
approved and executed by the Class B Member,provided that if such amendment directly affects a Lot
owned by someone other than Declarant the approval of the Owner of such directly affected Lot shall
also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class
B Control Period,amendments must be approved by Owners,including Declarant,having over 67%of
the votes in the Association, provided that the Owners of all Lots directly impacted by the proposed
revision must approve the proposed amendment. Copies of any 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 12.3 Amendments By Declarant. Notwithstanding anything to the contrary
contained herein, the Declarant reserves the right to amend this Declaration, the Articles and the
Bylaws and the Plat until Declarant no longer owns any Lot in the Property without the consent of any
Owners, Mortgagees or other persons claiming an interest in the Property or the Association if such
amendment is needed to (i) bring the document or Plat into compliance with any applicable rule,
regulation,requirement,decision or order of the Federal Housing Administration,the Federal National
Mortgage Association, the Federal Home Loan Mortgage Corporation or a local or state government;
(ii) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the
constructed improvements; (iv) reflect the proper location of boundary lines of the Lots, Tracts or
Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to
receive service of process for the Declarant.
Article 13. INSURANCE
Section 13.1 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
DECLARATION OF COVENANTS.CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 25
•
comprehensive liability insurance;fidelity insurance,to the extent reasonably available at a reasonable
cost; 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.
13.1.1 Notwithstanding anything to the contrary contained herein, for so
long as the Declarant controls the Board, the Declarant reserves the right to include the insurance
obligations of the Association within a master insurance program controlled by the Declarant and upon
doing so,the insurance obligations provided for under this Declaration shall be deemed satisfied.
Section 13.2 Owners' Insurance.
13.2.1 All Owners shall obtain and maintain property insurance, liability
insurance, and such other insurance as is required herein and 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 to the extent
such notice provision is reasonably available. All Owners shall provide the Association with proof of
insurance upon the request of the Association.
13.2.2 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.
13.2.3 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
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.
13.2.4 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.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 26
Article 14. MISCELLANEOUS
Section 14.1 Notices.
14.1.1 Any written notice or other documents as required by this
Declaration may be delivered personally or by 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:
14.1.1.1 If to a Member,other than Declarant: to the mailing address of such
Member maintained by the Association,pursuant to the Bylaws.
14.1.1.2 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 Olympus Villa LLC
9720 NE 120th Place,Suite 100
Kirkland,Washington 98034
14.1.1.3 Until the termination of the Class B Control Period 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 14.2 Conveyance: Notice Required. The rights 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 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 14.3 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
KKBL, and the heirs, personal representatives, grantees, lessees, sub lessees and assignees of the
Member.
Section 14.4 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.
DECLARATION OF COVENANTS,CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 27
Section 14.5 Mortgagee's Acceptance.
14.5.1 This Declaration shall not initially be binding upon any Mortgagee of
record prior to and at the time of recording of this Declaration, but shall be subject and subordinate to
said Mortgagee's Mortgage.
14.5.2 Declarant shall not convey title to any Lot until the Mortgagee of the
Lot has made appropriate arrangements for partial release of the Lot from the lien of the Mortgage.
The first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this
Declaration as to all of the Lots that remain subject to its Mortgage; provided, that, except as to Lots
so released,said Mortgage shall remain in full force and effect as to the entire Property.
Section 14.6 City Rights. The maintenance obligations of the Association required by the
Plat may not be amended or terminated without the written approval of the City of Renton. The City
shall be deemed to be a third party beneficiary of this Declaration with respect to all provisions
relating to the maintenance obligations of the Association set forth in the Plat and shall have the full
right to enforce to enforce the same.
Section 14.7 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 14.8 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 14.9 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 14.10 Effective Date. The Declaration shall take effect upon execution, but shall
not be effective as against purchasers of Lots and Mortgagees until recording.
Signature on next page.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 28
Signature Page •
DATE: 1 6
DECLARANT:
Cam West Olympus Villa LLC,a Washington limited liability company
By:Toll WA LP,a Washington limited partnership
Its: Member
By: i Lb
Eric H. :f pbel /i ivisio Pre- dent
Toll WA GP C. a Washington corporation
Its:General Partner
AND
By: Go Fever LLC,a Washington limited liability company
Its: Member
BY: ����\.
Bill Finkbeiner
Its: Member
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 29
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 Division
President of Toll WA GP Corp, a Washington corporation, general partner of Toll WA LP, a
Washington limited partnership, member of CamWest Olympus Villa LLC, a Washington limited
liability company to be the free and voluntary act of such entity for the uses and purposes mentioned
in the instrument.
Dated this4day of0.�r;j,2012.
ti4.
�° NOTARY (Signature of Notary).
a UBUC Lt'�� c0.__ 1--t.: ISC:�"1
kg. _t4 �,�o (Legibly Print or Stamp Name of Notary)
F wASN``' Notary public in and for the state of Washington,
''3n�� residing at len,r V Sc.,-.e4
My appointment expires c1 1�Z1 t,r
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Bill Finkbeiner 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 member of
Go Fever LLC,a Washington limited liability company, member of Cam West Olympus Villa LLC,a
Washington limited liability company to be the free and voluntary act of such entity for the uses and
purposes mentioned in the instrument.
Dated this 164-isday ofr _:t ,2012.
��Q c
?o%NOTARY
0 4• (Signature of Notary)
�° NOTARY 9�r 1---i So_. ti Y
' '1 S7 h
. tS•
N (Legibly Print or Stamp Name of Notary)
-+ PUBLIC o 2 Notary public in and for the state of Washington,
?+,4 9-22-14 G". residing at K,r 1`10.-ted
Itl
�F wast`' My appointment expires c L ..>11....i
-1z�.
DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) PAGE 30
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
Lots MI and Tract B of the Plat of Olympus Villa recorded in Volume of Plats, Pages ,
under King County recording number
DECLARATION OF COVENANTS,CONDITIONS.RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) EXHIBIT A
EXHIBIT B-1
MAINTENANCE OBLIGATIONS
This table identifies the various lots,tracts,and easements within the Property,who owns those portions or has
an easement interest,who is responsible to maintain them,and how the maintenance costs are allocated. Exhibit
B-2 provides more detail about the easements over Lots and Tracts.
I Lots,Tracts or Property Owner or Easement Maintained by: Paid for by and/or I
Easements: Beneficiary: Assessed to:
Individual Lots Lot Owner owns Lot,including Owner maintains Home, Lot Owner pays.
Street Trees located in the planter other Lot structures,
strip,and private utilities serving Yard Landscaping
the Lot. Any private and public including Street Trees&
utilities owned by others located planter strip abutting the
within an easement on Lots as set Lot.Irrigates Yard
out on the Plat are owned by the Landscaping including
person or utility benefitting from Street Trees&planter
the easement. strip.Sweeps,removes
snow from sidewalk.
Private Access and See Exhibit B-2,Note 2 See Exhibit B-2,Note 2 Lot Owners
Utility Easement Benefitted,see
over Lot 3 for Exhibit B-2,Note 2
Benefit of Lot 2
Public Utility The Public Utility Easement is Public Utility maintains Public Utility
Easement over Lots located on all Lots&Tracts. Lots all utilities within the
and Tracts. are owned by Lot Owners;Tract Easements.
A is owned by Renton;Tract B by
the HOA&Tract C by Declarant.
Easement facilities are owned by
the Utility.
Tract A—Detention Tract A is not part of HOA. It is City of Renton except City of Renton
owned by the City of Renton, for any public utilities except public utilities
including the stormwater pond. which are maintained by which are paid for by
Public utilities within the Tract in the Public Utility. HOA Public Utility&
the Public Utility Easement are shall maintain Tract A landscaping which is
owned by the Utility. landscaping. paid for by HOA&
assessed to Lot
Owners.
Tract B—Open HOA owns Tract B. Any public HOA maintains(except HOA pays&all Lots
Space/Sensitive utilities in Public Utility Easement public utilities) assessed.
Area are owned by the Utility.HOA including fence&Street
maintains Tract B&Street Trees Trees in right-of-way in
in abutting planter strip. front of Tract.
Tract C—Future Declarant retains ownership of Tract C is not part of Declarant is
Development Tract C. It is not part of the HOA. HOA. Declarant is responsible for Tract
responsible for Tract C. C.
Landscaping/Street City of Renton HOA HOA pays&all Lots
Trees at Plat Entry assessed.
in Right-of-Way&
in front of Tracts A
&B.
Street Lighting City of Renton City of Renton City of Renton
DECLARATION OF COVENANTS.CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) EXHIBIT B-I
EXHIBIT B-2
PUBLIC AND PRIVATE EASEMENTS
(Easement Notes from Sheet 2 of the Plat)
EASEMENT PROVISIONS/MOTES:
THE EASEMENT'S DEPICTED ON THE MAP SHEETS OF THIS FINAL PLAT ARE FOR THE LIMITED PURPOSES LISTED
BELOW AND ARE HEREBY CONVEYED FOLLOWING THE RECORDING OF THIS FINAL PLAT AS SPECIFIED ACCORDING
TO THE RESERVATIONS LISTED BELOW:
THE CITY OF RENTON SHALL HAVE THE RIGHT TO ENTER THE PRIVATE ORAINAGE EASEMENTS SHOWN HEREON
TO REPAIR ANY DEFICIENCIES OF THE DRAINAGE FACILITY IN THE EVENT THE OWNERS) IS/ARE NEGLIGENT IN
THE MAINTENANCE OF THE DRAINAGE FACILITES. THESE REPAIRS SHALL BE AT THE OWNER'S COST.
1. AN EASEMENT IS HEREBY GRANTED AND CONVEYED TO THE CITY OF RENTON, KING COUNTY WATER DISTRICT
990. PUGET SOUND ENERGY, OVIEST, COMCAST, THE OWNERS OF ALL LOTS WITHIN THIS PUT AND THEIR
RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER. OVER AND UPON THOSE EASEMENTS DESIGNATED AS
'UTILITY EASEMENT', THE EXTERIOR 10 FEET PARALLEL WITH AND ADJOINING THE STREET FRONTAGE OF ALL
LOTS AND TRACTS IN WHICH TO INSTALL LAY CONSTRUCT. RENEW. OPERATE AND MAINTAIN UNDERGROUND
CONDUITS, CABLE. PIPELINE. AND WIRES YITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE
PURPOSE OF SERVICE TO THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC. TELEPHONE. GAS. CABLE
T.V. SERVICE, SEWER. WATER AND DRAINAGE TOGETHER WITH THE RIGHT TO ENTER UPON THE EASEMENTS
AT ALL TIMES FOR THE PURPOSES STATED. NO LINES OR WIRES FOR THE TRANSMISSION OF ELECTRIC
CURRENT. OR FOR TELEPHONE USE. CABLE TELEVISION, FIRE OR POLICE SIGNAL FOR OTHER PURPOSES.
SHALL BE PLACED UPON ANY LOT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED
TO A BUILDING.
2. THE 15' PRIVATE ACCESS AND UTILITY EASEMENT OVER HOT 3 IS FOR THE BENEFIT OF LOT 2.
MAINTENANCE OF SAID EASEMENT SHALL BE SHARED IN EQUAL PARTS BY THE OWNERS OF LOTS 2 AND 3
WNFI THE EXCEPTION THAT THE OWNER OF LOT 3 SHALL BEAR NO RESPONSIB;LITV FOR MAINTENANCE OF
THE STORM DRAINAGE LINE ABOVE THE POINT OF THEIR CONNECTION.
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DECLARATION OF COVENANTS,CONDITIONS,RESTRICTIONS AND RESERVATIONS(OLYMPUS VILLA) EXHIBIT 11-2