HomeMy WebLinkAboutRC 20121016000859 r -
Return Address:
City Clerk's Office 20121016000859
RENTON CITY CL COV 101.00
City of Renton P0GE-001 OF
F21030
1055 South Grady Way KING COUNTY, WA
Renton,WA 98055
Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet
(RCW 65.04)
Document Title(s)(or transactions contained therein):(all areas applicable to your document must be
filled in)
1. Declaration of Covenants,Conditions,and Restrictions of Windsor Circle Homeowner's
Association
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) (Last name,first name,initials)
1.Windsor Circle,LLC,a Washington limited liability company
2.
Additional names on page of document.
Grantee(s) (Last name first,then first name and initials)
1.Public
Additional names on page of document.
Legal description(abbreviated: i.e. lot,block,plat or section,township,range)
Tract 8,Block 1,Cedar Park Five Acre Tracts,according to the Plat thereof,recorded in Volume 15 of
Plats,Page 91,records of King County, Washington.
Additional legal is on page of document.
Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet
145750004007
The.Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
I am requesting an emergency nonstandard recording for an additional fee as provided in
RCW 36.18.010. I understand that the recording processing requirements may cover up or
otherwise obscure some part of the text of the original document.
Signature of Requesting Party
4 . _ ..
3
i •
After Recording, return to:
City Clerk's Office
City of Renton
1055 South Grady Way
Renton, WA 98055
DECLARATION
OF
COVENANTS, CONDITIONS, AND RESTRICTIONS
OF
WINDSOR CIRCLE HOMEOWNER'S ASSOCIATION
Page 1
f
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
WINDSOR CIRCLE
THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS
FOR WINDSOR CIRCLE ("Declaration") is made on the date hereinafter set forth by
WINDSOR CIRCLE, LLC, a Washington Limited Liability Company ("Declarant"), who is
the owner of certain land situated in the State of Washington, County of King, known as
Windsor Circle (hereinafter referred to as "Windsor Circle"), which is more particularly
described in Exhibit "A" attached hereto and incorporated herein by this reference. In order
to ensure preservation of the residential environment at Windsor Circle, Declarant agrees
and covenants that all land and improvements now existing or hereafter constructed thereon
shall be held, sold, conveyed subject to, and burdened by the following covenants,
conditions, restrictions, reservations, limitations, liens and easements, all of which are for the
purpose of enhancing and protecting the value, desirability and attractiveness of such lands
for the benefit of all of such lands and the owners thereof and their heirs, successors,
grantees and assigns. All provisions of this Declaration shall be binding upon all parties
thereof and shall inure to the benefit of each owner thereof and to the benefit of the Windsor
Circle Homeowner's Association and shall otherwise in all respects be regarded as
covenants running with the land.
ARTICLE I
DEFINITIONS
For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of
Windsor Circle Homeowner's Association, certain words and phrases shall have particular
meanings as follows:
Section 1. "Association" shall mean and refer to WINDSOR CIRCLE
HOMEOWNER'S ASSOCIATION, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the
Association, as provided for in Article X. For purposes of exercising the powers and duties
assigned in this Declaration to the Board, this term shall also mean the Initial Board of
Declarant, as provided in Article II, unless the language or context clearly indicates
otherwise.
Section 3. "Properties" subject to this Declaration shall mean and refer to the real
property described with particularity in Exhibit "A" and such Other Parcels which may
hereafter be brought within the jurisdiction of the Association.
Page 2
a,
Section 4. "Owner" or "Lot Owner" shall mean and refer to record owner (whether
one or more persons or entities) of a fee interest in any Lot, including the Declarant, but
excluding Mortgagees or other persons or entities having such interest merely as security for
the performance of any obligation. Purchasers or assignees under recorded real estate
contracts shall be deemed Owners as against their respective sellers or assignors.
Section 5. "Common Areas" and "Common Maintenance Areas". Common Areas
shall mean and refer to any of the real property (including the improvements thereon) owned
by the Association for the common use and enjoyment of the members of the Association.
Common Maintenance Areas shall mean those portions of all real property (including the
improvements thereon) maintained by the Association for the benefit of the members of the
Association.
Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as
shown upon any recorded subdivision map of the Properties. Lot shall include the
Residence located thereon.
Section 7. "Declarant" shall mean WINDSOR CIRCLE, LLC, a Washington
limited liability company and any of its successors and assigns who identifies itself as a
successor Declarant in a recorded instrument and who assumes all the obligations of
Windsor Circle, LLC as Declarant under the agreement.
Section 8. "Architectural Control Committee" shall refer to the duly appointed or
elected committee by the Board of Directors as outlined in Article XI of this Declaration,
hereinafter referred to as the "Committee".
Section 9. "Development Period" shall mean and refer to that period of time
defined in Article II of this Declaration.
Section 10. "Plat" shall mean and refer to the Plat of Windsor Circle as recorded
on , 20_ in the records of King County, State of Washington, under
Recording No. 2.012.161 00 coe
Section 11. "Residence" shall mean and be limited to single family residences only
occupying any Lot.
Section 12. "Other Parcels" shall mean those parcels of land which may be added
to the Properties.
Section 13. "Subdivision" shall refer to the real property included within any Plat as
defined herein.
Page 3
• , .
ARTICLE II
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management by Declarant. "Development Period" shall mean that
period of time from the date of recording the Declaration until (i) a date twenty (20) years
from the date of recording this Declaration; or (ii) sixty (60) days after 100% of the Lots
subject to this Declaration have had single family Residences constructed thereon and have
been occupied as Residences; or (iii) the date on which Declarant elects to permanently
relinquish all of Declarant's authority under this Article II by written notice to all Owners,
whichever date first occurs. Until termination of the Development Period, the Property shall
be managed and the Association organized at the sole discretion of the Declarant.
Section 2. Initial Board. Declarant may, in its sole discretion, and at such times
as the Declarant deems appropriate, appoint three persons who may be Owners, or are
representatives of corporate entities or other entities which are Owners, as an Initial Board.
This Initial Board shall have full authority and all rights, responsibilities, privileges and duties
to manage the Properties under this Declaration and shall be subject to all provisions of this
Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the
Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board
and reassume its management authority under Article II or select a new Board under this
section of Article II.
Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty
(60) days prior to the termination of the Development Period, the Declarant shall send written
notice of the termination of the Development Period to the Owner of each Lot. Said notice
shall specify the date when the Development Period will terminate and shall further notify the
Owners of the date, place and time when a meeting of the Association will be held. The
notice shall specify that the purpose of the Association meeting is to elect new Officers and
Directors of the Association. Notwithstanding any provision of the Articles or Bylaws of the
Association to the contrary, for the purpose of this meeting, the presence, either in person or
by proxy, of the Owners of three (3) Lots shall constitute a quorum. The term "proxy" is
defined as "the authority or power to act for another, in person, or by document giving such
authority". In other words, an Owner may designate another individual to act on their behalf.
The Board of Directors and Officers of the Association may be elected by a majority vote of
said quorum. If a quorum shall not be present, the Development Period shall nevertheless
terminate on that date specified in said notice and it shall thereafter be the responsibility of
the Owners to provide for the operation of the Association.
Section 4. Management of Properties During Development Period.
Declarant, or a managing agent selected by the Declarant, and/or the Initial Board, shall
have the power and authority to exercise all the rights, duties and functions of the Board of
Directors and generally exercise all powers necessary to carry out the provisions of this
Declaration.
Page 4
Section 5. Purpose of Development Period. These requirements and
covenants are made to ensure that the Properties shall be adequately administered in the
initial stages of development and to ensure an orderly transition to Association operations.
Each Owner accepts this management authority in Declarant.
Section 6. Expenditures During Development Period. During the
Development Period, Declarant, or any agent of Declarant, shall have the sole discretion to
use and consume all or so much of the dues paid in as in Declarant's judgment is necessary
or expedient in maintaining the Common Maintenance Areas and carrying out the other
functions of the Association. This includes, but is not limited to, any legal fees associated
with Declarant, or any agent of Declarant carrying out any duties during the Development
Period, including all costs associated with turning over the Association after the expiration of
said Development Period. Upon termination of the Development Period, Declarant shall
deliver any funds remaining to the Association.
ARTICLE III
EASEMENTS, RESTRICTIONS
Section 1. Easements for Utilities. As shown on the Plat, an easement is
hereby reserved and granted to the City of Renton, KCWD #90, Puget Sound Energy
Company, QWEST, Comcast, other private utilities, and their respective successors and
assigns under and upon the exterior ten (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 pipe, conduit, cables, wires, vaults and pedestals, with necessary facilities and
other equipment for the purpose of serving this Subdivision and other property with electric,
telephone, gas, telecommunications, data transmission, streetlights and utility services,
together with the right to enter upon the Lots and Tracts at all times for the purposes herein
stated. These easements entered upon for these purposes shall be restored as near as
possible to their original condition by the utility. No lines or wires for said utilities shall be
placed or permitted to be placed within this easement unless the same shall be
underground. No permanent structure shall be placed within the easements without
permission from easement owners.
Section 2. Public Sewer Easement. As shown on the Plat, Lots 10 and 11 are
subject to an easement to the City of Renton for sanitary sewer purposes. The City of
Renton shall be responsible for the maintenance of the sanitary sewer facilities located
within said easement.
Section 3. Public Water Easement. As shown on the Plat, Lot 6 is subject to an
easement to King County Water District 90 for public water purposes. King County Water
District 90 shall be responsible for the maintenance of the waterline facilities located within
said easement.
Page 5
a ,
1
•
Section 4. Miscellaneous Easements and Restrictions. The following
restrictions and easement are shown on the Plat:
(i) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or
ownership changed or transferred whereby the ownership of any portion of
the Plat shall be less than the area required for the use district in which
located.;
(ii) There shall be no direct vehicular access to or from SE 135th Street or SE
136th Street from those Lots which abut those streets;
(iii) Trees indicated to be retained on the tree retention plan on file with the City of
Renton will be maintained in accordance with RMC 4-4-130 by the Owners of
the Lots that contain retained trees;
(iv) The 10' private easement on Lot 1 is for the benefit of the Owner of Lot 2 for
drainage pipe purposes. The Owner of Lot 2 shall be responsible for the
maintenance of that portion of the drainage facilities they have beneficial use,
and shall equally share in the maintenance of that portion of the drainage
facilities that they use in common;
(v) The 5' private easement on Lot 4 is for the benefit of the Owner of Lot 3 for
drainage pipe purposes. The Owner of Lot 3 shall be responsible for the
maintenance of that portion of the drainage facilities they have beneficial use,
and shall equally share in the maintenance of that portion of the drainage
facilities that they use in common;
(vi) The 5' private easement on Lot 7 is for the benefit of the Owner of Lot 8 for
drainage pipe purposes. The Owner of Lot 8 shall be responsible for the
maintenance of that portion of the drainage facilities they have beneficial use,
and shall equally share in the maintenance of that portion of the drainage
facilities that they use in common;
(vii) The 5' private easement on Lot 11 is for the benefit of the Owner of Lot 12 for
drainage pipe purposes. The Owner of Lot 12 shall be responsible for the
maintenance of that portion of the drainage facilities they have beneficial use,
and shall equally share in the maintenance of that portion of the drainage
facilities that they use in common;
(viii) The 5' private easement on Lot 14 is for the benefit of the Owners of Lots 13
and 15 for drainage pipe purposes. The Owners of Lots 13 and 15 shall be
responsible for the maintenance of that portion of the drainage facilities they
have beneficial use, and shall equally share in the maintenance of that portion
of the drainage facilities that they use in common;
(ix) The 5' private easement on Lot 9 is for the benefit of the Owner of Lot 10 for
drainage pipe purposes. The Owner of Lot 10 shall be responsible for the
maintenance of that portion of the drainage facilities they have beneficial use,
and shall equally share in the maintenance of that portion of the drainage
facilities that they use in common;
Page 6
• •
•
(x) The Owner(s) of the Lots within the Plat encumbered with drainage facilities
required by Plat design, covenant or condition, grant and convey to the City of
Renton, a municipal corporation, the right of reasonable access (ingress and
egress) to enter the Lots for the purpose of observing the Owner(s) are
properly operating and maintaining the drainage facilities contained therein.
The Owner(s) of the Lots shall retain, uphold, protect the stormwater
management devices, features, pathways, limits, and restrictions, known as
flow control best management practices ("BMPS"), shown on the drainage
study and plans No. 3619 on file with the City of Renton. The Owners(s) of
the Lots are responsible for operating, maintaining, and repairing the
stormwater management devices, features, pathways, limits, and restrictions,
known as flow control best management practices ("BMPS") contained on the
Lots and are required to obtain any required permits or permission from the
City of Renton prior to filling, piping, cutting or removing vegetation (except for
routine landscape maintenance such as lawn mowing) in open vegetated
drainage facilities (such as rain gardens, etc.) or performing any alterations or
modifications to the drainage facilities and/or designated flow paths contained
within the Lots. This covenant shall run with the land and is binding upon the
Owner(s) of the Lots, their heirs, successors and assigns.
Section 5. Access Easements. The Association and its agents shall have an
easement for access to each Lot and Tract and to the exterior of any building located
thereon during reasonable hours as may be necessary for the purposes stated below.
Owners hereby grant to the Association, the Board, and the Declarant, and their individual
agents, an express access easement for purposes of going upon the Lots and Tracts of
Owners for the following purposes:
(i) The maintenance, repair, replacement, or improvement of any Common
Maintenance Areas accessible from that Lot;
(ii) Emergency repairs necessary to prevent damage to the Common
Maintenance Areas or to another Lot or the improvements thereon;
(iii) Cleaning, maintenance, repair, or restoration work which the Owner is
required to do but has failed or refused to do; and
(iv) The removal of Vehicles, goods, equipment, devices or other objects which
are parked or stored in violation of the terms of this Declaration.
Except in an emergency where advanced notice is not possible, these easements shall be
exercised only after reasonable notice to the Owner.
Page 7
ARTICLE IV
COMMON AREAS AND COMMON MAINTENANCE AREAS
Section 1. Conveyance of Common Areas. All Common Areas shall be owned
and maintained by the Association. The Common Areas are identified as Tract E.
Section 2. Common Maintenance Areas. Common Maintenance Areas shall
include those portions of all real property (including improvements thereon) maintained by
the Association for the benefits of the members of the Association. The areas to be
maintained by the Association are: Tract E; street trees and planter islands within the Plat
and along 162nd Avenue SE, including landscaping and irrigation; the stormwater pond
outfall located within the adjacent portion of SE 136 Street in unincorporated King County
until such time the improvements are accepted for maintenance by the local jurisdiction;
entry signage and landscaping, if any, including water for irrigation and electric, if any; and
the mailbox stands located throughout the Properties. The Developer of the Plat shall
maintain the landscaping and the storm drainage facilities located within Tract B for a period
of two years following the date of the recording of the Plat or until the City of Renton takes
over the maintenance responsibility of both. The Association shall have the right and the
obligation to maintain the Common Maintenance Areas and shall pay the actual cost of the
same from annual or special assessments as appropriate.
Section 3. Alteration of the Common Areas and Common Maintenance
Areas. Nothing shall be altered, or constructed in, or removed from the Common Areas or
Common Maintenance Areas except upon prior written consent of the Association.
Section 4. Dumping in Common Areas and Common Maintenance Areas. No
trash, plant or grass clippings or other debris of any kind shall be dumped, deposited or
placed on or within the Common Areas or Common Maintenance Areas.
Section 5. Other Maintenance Costs for Association. In addition to
maintaining the Common Areas and Common Maintenance Areas, the Association shall also
be responsible for the payment of the electric bills incurred in connection with the operation
of the streetlights within the Properties, if any, unless the utility provider for the streetlights
directly bills the individual Lot Owners or the City of Renton.
ARTICLE V
TRACTS
Section 1. Storm Detention Tract. Tract B is a storm detention Tract and shall
be owned and maintained by the City of Renton. The Developer of the Plat shall maintain
the landscaping and storm drainage facilities within said Tract for a period of two years
following the date of the recording of the Plat, or until the City of Renton takes over the
maintenance responsibility of both.
Page 8
Section 2. Sensitive Area Tract. Tract E is a sensitive area Tract and shall be
owned and maintained by the Association. The Tract is a Native Growth Protection
Easement Area and it identifies the onsite wetland and buffer. The creation of the Native
Growth Protection Easement (NGPE) conveys to the public a beneficial interest in the land
within the easement area. This interest shall be for the purpose of preserving native
vegetation for the control of surface water and erosion, maintenance of slope stability, visual
and aural buffering, and protection of plant and animal habitat. The NGPE imposes upon all
present and future Owners and occupiers of the easement area, enforceable on behalf of
the public by the City of Renton, to leave undisturbed all trees and other vegetation within
the easement area. The vegetation within the NGPE may not be cut, pruned, covered by fill,
removed or damaged without express written permission from the City of Renton.
ARTICLE VI
MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES;
DELEGATION OF MANAGEMENT
Section 1. Responsibility for Maintaining Common Maintenance Areas. The
Association is responsible for maintaining and preserving the character and function of areas
designated on the face of the Plat and these covenants as Common Maintenance Areas.
Common Maintenance Areas have been set aside for landscaping and community
identification purposes and those areas are referred to in Article IV, Section 2 above.
Section 2. Repair of Common Maintenance Areas. Any damage to Common
Maintenance Areas or improvements thereon, including landscape plantings, sprinkler
systems, fences, berms, etc., by the Owners or their children or guests shall be repaired by
the Association and the Owner who caused the area to be damaged shall be responsible for
reimbursing the Association all costs incurred by the Association for the repairs. The Owner
shall be obliged to immediately remit funds for the repair to the Association. If the Owner
fails to promptly make payment for such repairs, the Owner shall be charged interest at the
rate of twelve (12%) percent per annum.
Section 3. Management. Each Owner expressly covenants that the Board and
the Declarant, during the Development Period, may delegate all or any portion of their
management authority to a managing agent, manager or officer of the Association and may
enter into such management contracts or other service contracts to provide for maintenance
and the operation of Common Maintenance Areas and any portion thereof. Any
management agreement or employment agreement for the maintenance or management of
the Common Maintenance Areas or any portion thereof shall be terminable by the
Association without cause upon thirty (30) days' written notice thereof; the term of any such
agreement shall not exceed three (3) years, renewable by agreement of the parties for
successive three (3) year periods. Each Owner is bound to observe the terms and
conditions of any such management agreement or employment contract, all of which shall be
made available for inspection by any Owner on request. Fees applicable to any such
management, employment or service agreement shall be assessed to the Association or
Owners.
Page 9
•
ARTICLE VII
ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot,
by acceptance of a deed therefor, whether it shall be so expressed in each deed, is deemed
to covenant and agree to pay to the Association (1) annual assessments or charges; (2)
special assessments for capital improvements; and (3) special assessments for legal fees
and damages. If the Owner fails to timely pay assessments within thirty (30) days of the
date specified by the Association, the annual and special assessments, together with any
interest, costs and any reasonable attorneys' fees incurred to collect such assessments,
shall be a lien on the land and shall be a continuing lien upon the property against which
such assessment is made. Each such assessment, together with any interest, costs and
reasonable attorneys' fees incurred in attempting to collect the assessment, shall also be the
personal obligation of the person who is the Owner of such property at the time when the
assessment fell due. The personal obligation for delinquent assessments shall not pass to
successors in title unless expressly assumed by them. The Association shall record such
liens in the Office of the King County Auditor.
Section 2. Purpose of Assessments. The assessments levied by the
Association shall be used exclusively to promote the recreation, health, safety and welfare of
the residents of the Properties and for the improvement and maintenance of the Common
Maintenance Areas as provided in Article IV.
Section 3. Annual Assessment. Annual assessments shall be levied equally on
all Lots. Fifteen percent (15%) of the annual assessment, or such higher percentage as may
be charged, shall be allocated and paid to the Declarant for management services provided
by the Declarant to the Association or by a professional management firm. Such allocation
of funds to the Declarant shall cease when the Development Period expires and the
Association assumes collection costs, bookkeeping, and other management responsibilities
which are described with particularity in the Bylaws of the Association.
Section 4. Computation. It shall be the duty of the Board to prepare a budget
covering the estimated costs of operating the Association during the coming year, which
shall include a capital reserve. Within thirty (30) days after adoption by the Board of
Directors of the budget, the Board shall set a date for a meeting of the members to consider
ratification of the budget, not less than fourteen nor more than sixty days after mailing of the
summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject
the budget, in person or by proxy, the budget shall be 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 owners shall be continued until such time as the Owners
ratify a subsequent budget proposed by the Board.
Section 5. Revised Budget. If the financial circumstances of the Association
materially change during any year, the Board may prepare a revised budget for the balance
of the year. Within thirty (30) days after adoption by the Board of Directors of the revised
budget, the Board shall set a date for a meeting of the members to consider ratification of
the revised budget, not less than fourteen nor more than sixty days after mailing of the
Page 10
•
summary. Unless at that meeting, seventy-five percent (75%) or more of the Owners reject
the revised budget, in person or by proxy, the revised budget shall be ratified, whether or not
a quorum is present. In the event the revised budget is rejected or the required notice is not
given, the periodic budget last ratified by the owners shall be continued until such time as the
Owners ratify a subsequent budget proposed by the Board.
Section 6. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year, a
common assessment, applicable to that year only, for the purpose of defraying, in whole or
in part, the cost of any construction, reconstruction, repair or replacement of a capital
improvement upon the Common Maintenance Areas not provided by this Declaration,
including fixtures and personal property related thereto. Within thirty (30) days after
adoption by the Board of Directors of the special assessments for capital improvements, the
Board shall set a date for a meeting of the members to consider ratification of the special
assessment, not less than fourteen nor more than sixty days after mailing of the summary.
Unless at that meeting, seventy-five percent (75%) or more of the Owners reject the special
assessment, in person or by proxy, the special assessment shall be ratified, whether or not a
quorum is present.
Section 7. Special Assessments for Legal Fees and Damages. In addition to
the annual and special assessments authorized above, the Declarant, during the
Development Period, or the Association may levy in any assessment year a special
assessment for the purpose of defraying, in whole or in part, (1) the cost of legal fees and
costs incurred in legal actions in which the Association is a party, (2) the cost of legal fees
and costs incurred in any action in which a member of either the Board or Committee is
named as a party as a result of a decision made or action performed while acting in behalf of
the Association, or (3) any other reasonable expenses incurred by the Association. Within
thirty (30) days after adoption by the Board of Directors of the special assessment for legal
fees and damages, the Board shall set a date for a meeting of the members to consider
ratification of the special assessment, not less than fourteen nor more than sixty days after
mailing of the summary. Unless at that meeting, seventy-five percent (75%) or more of the
Owners reject the special assessment, in person or by proxy, the special assessment shall
be ratified, whether or not a quorum is present.
Section 8. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots and must be collected on an annual basis.
Section 9. Date of Commencement of Annual Assessment; Due Dates. The
annual assessments described in this Article shall commence upon the recording of this
Declaration. The first annual assessment shall be adjusted according to the number of
months remaining in the calendar year. The Board of Directors shall determine annually the
Annual Assessment to be assessed against each Lot. Written notice of the annual
assessment shall be sent to every Owner subject to such assessments. The due date shall
be established by the Board of Directors. The Association shall, upon demand and for a
reasonable charge, furnish a certificate signed by an officer or the administrator of the
Association setting forth whether the Assessment on a specified Lot has been paid.
Page 11
Section 10. Effect of Non-Payment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear
interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests
in the Association or its agents the right and power to bring all actions against such Owner
personally for the collection of such assessments as debts and to enforce lien rights of the
Association by all methods available for the enforcement of such liens, including foreclosure
by an action brought in the name of the Association in like manner as a mortgage of real
property. Such Owner hereby expressly grants to the Association the power of sale in
connection with such liens. The liens provided for in this section shall be in favor of the
Association and shall be for the benefit of the Association. The Association shall have the
power to bid in an interest at foreclosure sale and to acquire, hold, lease, mortgage and
convey the same. The Owner is responsible for payment of all attorneys' fees incurred in
collecting past due assessments or enforcing the terms of assessment liens. No Owner may
waive or otherwise escape liability for the assessments provided herein by non-use of the
Common Maintenance Areas or abandonment of his Lot.
The Association shall have the right to suspend the voting rights of an Owner for any period
during which any assessment against the Lot remains unpaid for a period of thirty (30) days,
for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the
Association.
Section 11. Subordination of the Lien to Mortgage. The lien for assessment
provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any
Lot pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish
the lien created pursuant to this Article as to payments which become due prior to such sale
or transfer. No sale or transfer, however, shall relieve such Lot from liability for any
assessments which thereafter become due or from the lien thereof.
Section 12. Exempt Property. Property owned by Declarant and the City of
Renton shall be exempt from the assessments provided for in this Article.
Section 13. Budget Deficits During Declarant Control. In the event there is a
deficit between the actual operating expenses of the Association (but specifically not
including an allocation for capital reserves), and the sum of the annual, special and specific
assessments collected by the Association in any fiscal year, Declarant, may, in its sole
discretion, contribute funds to the Association in order to satisfy the shortfall, or any portion
thereof.
Section 14. Start-Up Fee. Upon the sale of each Lot by the Declarant, and upon
the resale of each home (and Lot), the purchaser shall pay a start-up fee of Two Hundred
Fifty and no/100 ($250.00) Dollars per Lot. This fee shall be collected at the closing of the
Lot sale and submitted to the Association. This start-up fee shall be used to defray
organizational and operational costs for the Association.
Page 12
•
ARTICLE VIII
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be
maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept
free of accumulations of litter, junk, containers, equipment, building materials and other
debris. All refuse shall be kept in sanitary containers sealed from the outlook of any Lot.
The containers shall be emptied regularly and their contents disposed of off the Lot. No
grass cuttings, leaves, limbs, branches, and other debris from vegetation shall be dumped or
allowed to accumulate on any part of the Properties, except that a regularly tended compost
device (approved by the Committee) shall be permitted. The Owners of each Lot shall
maintain the lawn and landscaping on the Lot in a condition consistent with the maintenance
standards of the Subdivision. This includes, but is not limited to, adequate watering,
removing weeds, dead or diseased plants which must be replaced with the appropriate
planting, mowing, edging and fertilizing. The Owners of each Lot shall maintain any fence
located on its Lot by keeping it in good repair. This includes staining any exterior fencing
which faces the right of way or is visible from the right of way and replacing damaged fence
boards. The stain for the fence shall be a natural stain color chosen by Declarant. Lots
adjacent to fence, rockery or shrub improvements shall allow the Owner reasonable access
in order to facilitate the inspection, maintenance and/or repair of the fence, rockery or
shrubs. Access to the adjoining Lot by the fence, rockery or shrub shall not impede the Lot
Owners' right for quiet use and enjoyment.
Section 2. Lot Maintenance by the Association. In the event an Owner fails to
maintain the exterior of his premises and the improvements situated thereon in a manner
consistent with maintenance standards of the Windsor Circle Subdivision, the Association
shall, upon receipt of written complaint of any Owner, or upon its own initiative, and a
subsequent investigation, have the right through its agents and employees to enter upon the
offending Owner's Lot and repair, maintain and restore the Lot and exterior of the
improvements on that Lot if the Owner shall fail to respond in a manner satisfactory to the
Association within fourteen (14) days after mailing of adequate notice by certified mail to the
last known address of the Owner. The cost of such repair, maintenance or restoration shall
be assessed against the Lot, and the Association shall have the right to cause to be
recorded a notice of lien for labor and materials furnished, which lien may be enforced in the
manner provided by law. In the event that the estimated cost of such repair should exceed
one-half of one percent of the assessed value of the Lot and improvements on that Lot, the
Association shall be required to have the consent of fifty-one percent (51%) of the Members
before undertaking such repairs.
Page 13
•
ARTICLE IX
HOMEOWNERS' ASSOCIATION
Section 1. Non-Profit Corporation. The Association shall be a non-profit
corporation under the laws of the State of Washington. The Association may be an
unincorporated Association during the Development Period, unless the Declarant elects to
incorporate the Association.
Section 2. Membership. Every person or entity which is an Owner of any Lot
shall become a member of the Association. Membership shall be appurtenant to the Lot and
may not be separated from ownership of any Lot and shall not be assigned or conveyed in
any way except upon the transfer of title to said Lot and then only to the Transferee of title to
the Lot. All Owners shall have the rights and duties specified in this Declaration, the Articles
and the Bylaws of the Association.
Section 3. Voting Rights. Owners, including Declarant, shall be entitled to one
vote for each Lot owned. When more than one person or entity owns an interest in any Lot,
the vote for that Lot shall be exercised as the Owners decide to exercise that vote, but in no
event shall more than one vote be cast with respect to any Lot, nor shall any vote be divided.
The voting rights of any Owner may be suspended as provided for in this Declaration, the
Articles and the Bylaws of the Association. If Declarant elects to annex Other Parcels
pursuant to Article XIII, Section 8, the total number of votes shall be increased by the
applicable number for the Lots in such annexed Other Parcels.
Section 4. Meetings. Meetings shall be conducted in accord with the
specifications set forth in the Bylaws of the Windsor Circle Homeowner's Association.
ARTICLE X
MANAGEMENT BY THE BOARD
Section 1. Enforcement of Declaration. The Board shall have the power to
enforce the provisions of this Declaration and the Rules and Regulations of the Association
for the benefit of the Association. The failure of any Owner to comply with the provisions of
this Declaration or the Rules and Regulations of the Association will give rise to a cause of
action in the Association (acting through the Board) and any aggrieved Owner for recovery
of damages, or injunctive relief, or both.
Section 2. Board of Directors. The number of Directors shall be set forth in the
Bylaws. The Board of Directors shall be elected by the Owners in accordance with the
Bylaws. All Board positions shall be open for election at the first annual meeting after
termination of the Development Period. The terms of the Board are defined in the Bylaws.
Section 3. Powers of the Board. All powers of the Board must be exercised in
accordance with the specifications which are set forth in the Bylaws. The Board, for the
benefit of all the Properties and the Owners, shall enforce the provisions of this Declaration
and the Bylaws. In addition to the duties and powers imposed by the Bylaws and any
Page 14
•
resolution of the Association that may be hereafter adopted, the Board shall have the power
and be responsible for the following, in way of explanation, but not limitation:
(i) Insurance. Obtain policies of general liability, property, and directors and
officers insurance.
(ii) Legal and Accounting Services. Obtain legal and accounting services, if
necessary, to the administration of Association affairs, administration of the
Common Maintenance Areas, or the enforcement of this Declaration.
(iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas.
(iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is
reasonably necessary in the judgment of the Board to (1) protect Common
Maintenance Areas or (2) to preserve the appearance and value of the
Properties and/or Lot. The Board may authorize such maintenance activities
if the Owner or Owners of the Lot have failed or refused to perform
maintenance within a reasonable time after written notice of the necessity of
such maintenance has been delivered by the Board to the Owner or Owners
of such Lot, provided that the Board shall levy a special assessment against
the Owner or Owners of such Lot for the cost of such maintenance.
(v) Discharge of Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or any
part thereof which is claimed or may, in the opinion of the Board, constitute a
lien against the Properties or against the Common Maintenance Areas rather
than merely against the interest therein of particular Owners. Where one or
more Owners are responsible for the existence of such liens, they shall be
jointly and severally liable for the cost of discharging it and any costs or
expenses, including reasonable attorneys' fees and costs of title search
incurred by the Board by reason of such lien or liens. Such fees and costs
shall be assessed against the Owner or Owners and the Lot responsible to
the extent of their responsibility.
(vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas.
(vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate
security for the Lots and Common Maintenance Areas constituting the
residential community created on the Properties.
(viii) Right to Contract. Have the right to contract for all goods, services,
maintenance, and capital improvements provided.
(ix) Improvement of Common Maintenance Areas. Improve the Common
Maintenance Areas with capital improvements to such Common Maintenance
Areas.
Page 15
(x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the
event of emergencies or in connection with any maintenance, landscaping or
construction for which the Board is responsible. Except in cases of
emergencies, the Board, its agents or employees shall attempt to give notice
to the Owner or occupant of any Lot or Residence twenty-four (24) hours prior
to such entry. Such entry must be made with as little inconvenience to the
Owners as practicable and any damage caused thereby shall be repaired by
the Board if the entry was due to an emergency (unless the emergency was
caused by the Owner of the Lot entered, in which case the cost shall be
specially assessed to the Lot). If the repairs or maintenance activities were
necessitated by the Owner's neglect of the Lot, the cost of such repair or
maintenance activity shall be specially assessed to that Lot. If the emergency
or the need for maintenance or repair was caused by another Owner of
another Lot, the cost thereof shall be assessed against the Owner of the other
Lot.
(xi) Adoption of Rules and Regulations. The Board may adopt reasonable rules
and regulations governing the maintenance and use of the Common Areas,
the Common Maintenance Areas, the Properties, fines, and other matters.
(xii) Declaration of Vacancies. Declare the office of a member of the Board to be
vacant in the event that a member of the Board is absent from three
consecutive regular meetings of the Board.
(xiii) Employment of Manager. Employ a manager, an independent contractor, or
such other employee as the Board deems necessary and describe the duties
of such employees.
(xiv) Payment for Goods and Service. Pay for all goods and services required for
the proper functioning of the Common Maintenance Areas.
(xv) Impose Assessments. Impose annual and special assessments.
(xvi) Bank Account. Open a bank account on behalf of the Association and
designate the signatories required.
(xvii) Easements. Execute any and all covenants, easements, or other necessary
documentation relating to the use of Common Areas and Common
Maintenance Areas.
(xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all
powers, duties and authority vested in or delegated to the Association and not
reserved to the membership by other provisions of the Bylaws, Articles of
Incorporation, or this Declaration. The Board shall have all powers and
authority permitted to it under this Declaration and the Bylaws. However,
nothing contained herein shall be construed to give the Board authority to
conduct a business for profit on behalf of all the Owners or any of them.
Page 16
ARTICLE XI
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee ("Committee"). The Committee
shall consist of not less than three (3) and not more than five (5) members. It is not a
requirement that members of the Committee be (1) Owners or (2) members of the
Association.
During the Development Period, the Declarant may elect to exercise and perform the
functions of the Committee. If the Declarant elects not to perform this function or at any time
elects to no longer perform this function, the Declarant or the Board shall appoint the
Committee to function as herein provided. After termination of the Development Period, the
functions of the Committee shall be performed by the Board until such time as the Board
shall appoint and designate the Committee. The Committee shall be appointed within one
month of the election of the Board following the termination of the Development Period.
Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a
Committee has not been appointed, shall review proposed plans and specifications for
Residences, accessory structures, fences, rockeries, appurtenant recreational facilities other
exterior structures to be placed upon the Lots or Properties. No exterior addition or
structural alteration may be made until plans and specifications showing the nature, kind,
shape, heights, materials and location of the proposed structure or alteration have been
submitted to and approved, in writing, by the Committee. The Committee shall also review
proposals to change the exterior color of Residences in the Subdivision. The Committee
shall determine whether the exterior design and location of the proposed structure,
alteration, or color change harmonizes with the surrounding structures, surrounding natural
and built environment, and aesthetic character of other Residences in the Subdivision.
Section 3. Membership. The Committee shall be designated by the Board. An
election to fill either a newly created position on the Committee or a vacancy on the
Committee requires the vote of the majority of the entire Board. However, the Board is not
obliged to fill a vacancy on the Committee unless the membership of the Committee
numbers less than three (3) persons.
Section 4. Designation of a Representative. The Committee may unanimously
designate one or more of its members or a third party to act on behalf of the Committee with
respect to both ministerial matters and discretionary judgments. The recommendations of
such individuals are subject to review by the entire Committee at the request of any member
of the Committee.
Section 5. Voting. Committee decisions shall be determined by a majority vote
by the members of the Committee.
Section 6. Submission of Plans and Specs. All plans and specifications
required to be submitted to the Committee shall be submitted by mail to the address of the
Committee in duplicate. The written submission shall contain the name and address of the
Owner submitting construction plans and specs which include, but are not limited to: a site
Page 17
•
plan, architectural, grading, lighting, and landscape plans. The plans and specifications
should contain the following information:
(i) The location of the residence, doorways, windows, garage doors, accessory
structures, property lines, easements, setbacks, landscaping, rockeries,
fences, and the driveway upon the Lot;
(ii) Building elevations for all sides of the residence and/or accessory structures
with reference to the existing and finished Lot grade. Include foundation,
windows, garages, doorways, roof pitch, porches, decks, stairways;
(iii) The elevation of the landscaping, rockeries, and fences with reference to
existing and finished Lot grade. Materials, colors, and textures under
consideration must be indicated. For proposed fences and rockeries, show
relationship to fences and grades on adjacent Lots;
(iv) Drainage flows;
(v) Exterior finish materials, colors, and textures under consideration. Include
roof;
(vi) Landscape plan. Indicate species of plant material, size and height, and
location; and
(vii) Other information which may be required in order to determine whether the
standards in this Declaration have been met.
Section 7. Plan Check Fee. All individuals submitting plans to the Committee
and not using Declarant as their house builder shall be obliged to pay a reasonable plan
check fee to cover the administrative costs of reviewing such development proposals. It will
be necessary to pay the plan check fee upon submitting plans and specifications to the
Committee. A plan check fee plus a damage deposit shall be required for the review of
plans and specifications for Residences. A plan check fee shall be required for the review of
accessory structures and alterations. All fees and deposits shall be determined by the
Committee.
Section 8. Evaluating Development Proposals. The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals. The
Committee shall determine whether the external design, color, building materials,
appearance, setbacks, height, configuration, and landscaping of the proposed structure
harmonize with the various features of the natural and built environment, the aesthetic
character of the other Residences in the Subdivision, and any other factors which affect the
desirability or suitability of a proposed structure or alteration.
Section 9. Exclusions. Plans and specifications for Residences constructed by
Declarant shall not be reviewed by the Committee.
Page 18
Section 10. Approval Procedures. Within thirty (30) days after the receipt of
plans and specifications, the Committee shall approve or disapprove the proposed
improvement. The Committee may decline to approve plans and specifications which, in its
opinion, do not conform to restrictions articulated in this Declaration or to its aesthetic
standards. The Committee shall indicate its approval or disapproval on one of the copies of
the plans and specifications provided by the applicant and shall return the plans and
specifications to the address shown on the plans and specifications. In the event no
disapproval of such plans and specifications is given within thirty (30) days of submission,
the plans and specifications shall be deemed to be approved by the Committee and
construction pursuant to the plans and specifications may be commenced. This provision
shall not apply to plans and specifications for homes which will be constructed by Declarant.
Section 11. Compliance with Codes. In all cases, ultimate responsibility for
satisfying all local building codes and requirements rests with the Owner and contractor
employed by the Owner. The Committee has no responsibility for ensuring that plans and
specifications which it reviews comply with relevant building and zoning requirements. All
structures and improvements shall comply with the provisions of the applicable building code
relating to height restrictions, setback requirements, drainage easements and other
easements and/or restrictions. No person on the Committee or acting on behalf of the
Committee shall be held responsible for any defect in any plans or specifications which are
approved by the Committee nor shall any member of the Committee or any person acting on
behalf of the Committee be held responsible for any defect in a structure which was built
pursuant to plans and specifications approved by the Committee.
Section 12. Variation. The Committee shall have the authority to approve plans
and specifications which do not conform to these restrictions in order to (1) overcome
practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a
result of applying these restrictions. However, such variations may only be approved in the
event the variation will not (1) place a detrimental impact on the overall appearance of the
Subdivision, (2) impair the attractive development of the Subdivision, or (3) adversely affect
the character of nearby Lots or Common Maintenance Areas. Granting such a variation
shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall
only be granted in extraordinary circumstances.
Section 13. Enforcement. In any judicial action to enforce a determination of the
Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness
fees, and other costs incurred in connection with such a legal action or appeal.
ARTICLE XII
BUILDING AND LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All Lots within the Properties shall be used
solely for single family residential purposes and related facilities normally incidental to a
residential community, except as allowed by Section 4 below, however, no single family
residence restriction set forth in this Declaration shall be meant to preempt the Federal Fair
Housing Act. Private single family Residences shall consist of no less than one Lot.
Page 19
•
Section 2. Property Use Restrictions. No Lot shall be used in a fashion which
unreasonably interferes with the Owner's right to use and enjoy their respective Lots or
Common Areas. The Board, the Committee designated by it, or the Declarant shall
determine whether any given use of the Properties and/or Lot unreasonably interferes with
those rights and such determinations shall be conclusive.
Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or
offensive activity shall be conducted on any Lot or Common Area nor shall anything be done
or maintained on the Properties which may be or become an activity or condition which
unreasonably interferes with the right of other Owners to use and enjoy any part of the
Properties. No activity or condition shall be conducted or maintained on any part of the
Properties which detract from the value of the Properties as a residential community. No
untidy or unsightly condition shall be maintained on the Properties.
Section 4. Business. No trade, craft, home business, professions,
manufacturing, commercial enterprise or commercial activity of any kind which shall interfere
with the quiet and peaceful enjoyment of any part of the Subdivision shall be conducted or
carried on upon any Lot or within any building located within the Subdivision. All businesses
must comply with any applicable City regulations and ordinances.
Section 5. Temporary Structures for Residential Purposes. No structure of a
temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or
other out buildings shall be used on any Lot at any time as a Residence, either temporarily or
permanently. No vehicles parked in public rights-of-way may be used temporarily or
permanently for residential purposes. All such structures shall be removed at the expense of
the Owner of the Lot on which the structure is located. This provision shall not apply to the
Declarant during the Development Period, including the home construction period.
Section 6. Mining. No oil drilling, oil development operations, oil refining,
quarrying, or mining operation of any kind shall be permitted on or in any Lot, nor shall oil
wells, tanks, tunnels, mineral excavation of shafts be permitted on or in any Lot. No derrick
or other structure designed for use in boring for oil or natural gas shall be erected,
maintained or permitted upon any Lot.
Section 7. Animals. No animals, other than dogs, cats, small caged birds,
tanked fish, and other conventional small household pets, may be kept on any Lot, provided
they are not kept, bred, or maintained for a commercial purpose and they do not
unreasonably interfere with the use and enjoyment of any part of the Properties. Dogs shall
not be allowed to run at large. Dogs shall be kept on a leash or otherwise confined in a
manner acceptable to the Committee whenever outside the dwelling. Lot Owners shall be
responsible for the removal of their animal's waste wherever it is deposited within the
Property. Dog runs and enclosures shall be kept clean and odor free at all times. Dog
runs, kennels, enclosures to be built must be submitted to the Committee for approval.
Consistent with the City of Renton's leash law, pets shall be registered, licensed and
inoculated from time to time as required by King County or any applicable law.
Page 20
•
•
Section 8. Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or
debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive
container suitably located and screened from public view from the street and from the
ground level of adjacent Lots and Common Area. Such containers shall be returned to the
screened location by the end of each scheduled pick-up day. All equipment for the storage
of disposal of such materials shall be kept in a clean and sanitary condition.
Section 9. Rental and Leasing. 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 Lot or
improvements thereon unless otherwise approved by the Board of Directors. All leases and
rental agreements shall be in writing and shall specify that it is subject to this Declaration,
the Articles and Bylaws and Rules and Regulations. If a lease or rental agreement does not
state that the rental is subject to this Declaration, the Articles and Bylaws, and Rules and
Regulations, it shall nonetheless be subject to such documents. A violation of the
tenant/lessee in complying with this Declaration, the Articles or Bylaws, and Rules and
Regulations shall be enforceable against the tenant/lessee and the Owner.
If a Lot or home is rented by its Owner, the Board, on behalf of the Association, may collect
and the renter or lessee shall pay over to the Board, so much of the rent for such Lot or
home as is required to pay any amounts due the Association hereunder, plus interest and
costs, if the same are in default over thirty (30) days. The renter or lessee shall not have the
right to challenge payment over to the Board, and such payment will discharge the lessee's
or renter's duty of payment to the Owner for rent, to the extent such rent is paid to the
Association, but will not discharge the liability of the Owner of the 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 Lot or its
Owner, nor in derogation of any rights which a mortgagee of such Lot may have with respect
to such rents. Other than as stated in this Article, there are no restrictions on the right of any
Owner to lease or otherwise rent such Owner's Lot or home.
Section 10. Parking of Vehicles; Storage of Goods; Equipment or Devices.
There shall be no permanent and/or temporary storage of goods, equipment, or devices
permitted in open outlook from any Lot or right-of-way. The term "Vehicles" as used herein
shall include, without limitation, automobiles, vans or trucks with or without business logo,
campers, trucks, busses, motor homes, mobile homes, boats, trailers, portable aircraft,
motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed or self-
propelled transportation type vehicle. The term "Passenger Vehicles" as used herein shall
include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles
used regularly and primarily as transportation for the occupants of the Lot. The term
"Commercial and Recreational Vehicles" as used herein shall include, without limitation, vans
or trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers,
portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The
following restrictions apply:
(i) "Garage Parking Spaces" shall mean the number of parking spaces
within a garage attached to a Residence equal to the number of garage doors on the
Page 21
•
garage. A double wide garage door shall count as two (2) Garage Parking Spaces. All
Passenger Vehicles shall be parked in either a Garage Parking Space or upon the driveway;
(ii) No Commercial and/or Recreational Vehicle shall be permitted on the
driveway of any other portion of the Owner's Lot, except within a garage, however,
Recreational Vehicles shall be allowed to park on the driveway for a maximum twenty-four
(24) hour period, for the sole purpose of loading and unloading the Recreational Vehicle;
(iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on
any right-of-way adjoining any Lot;
(iv) No Vehicles parked on the driveway may extend over the sidewalk
and/or into the right-of-way; and
(v) Owners who have visiting guests intending to stay shall be allowed to
park their Passenger Vehicle either in the Garage Parking Space or upon the driveway.
The Association shall give an Owner a written notice of an improperly parked or stored
Vehicle and/or improperly stored goods, equipment, or devices. The Owner shall have
twenty-four (24) hours to remove said Vehicle and/or goods, equipment, or devices If the
Owner has not moved the said Vehicle within the required time period, the Association may
have the Vehicle towed at the Owner's expense; assess the Owner daily fines until the
Vehicle is removed; and/or place a lien against the Owner's Lot. If the Owner has not
removed the said goods, equipment, or devices within the required time period the
Association may have the goods, equipment, or devices removed; assess the Owner daily
fines until the goods, equipment, or devices are removed, and/or place a lien against the
Owner's Lot.
Section 11. Plans and Specifications Must be Approved. Any Residence or
temporary or permanent structure constructed in the Plat by a builder or Lot Owner other
than Declarant, must have their plans and specs reviewed and approved by the Declarant, or
Architectural Control Committee, if selected, as provided for in Article Xl. The Declarant or
Committee, if selected, shall determine if the general building and land use restrictions
herein are met. The Declarant may prepare residential Design Guidelines which may
contain guidelines in addition to those set forth herein. During the Development Period,
Declarant shall have the sole authority to amend the general building and land use
restrictions set forth herein and any Design Guidelines, consistent with the land use
restrictions and conditions of Plat approval.
Section 12. Exterior Colors. Any changes to the exterior color of any
improvement located on a Lot must be approved by the Committee prior to the
commencement of the painting or construction of the improvement.
Section 13. Protection of Trees. Owners shall not cut down trees located within
the Properties. Owners shall notify the Board of any dead or diseased tree located on their
Lot and the Association shall determine if the tree should be removed.
Section 14. Fences. No fences shall be erected without the prior written approval
of the Committee. Fences shall be allowed on a Lot and its location shall be subject to
easements and restrictions set forth on the Plat, restrictions set forth in this Declaration and
Page 22
•
the Design Guidelines established by the Declarant, if any, and prior written approval of the
Committee. Each Lot Owner shall be responsible for the continued maintenance and repair
of any fence on its Lot.
Section 15. Dog Runs and Enclosures. Proposed dog runs and enclosures must
be approved, in writing, prior to their construction by the Committee. All dog runs visible
from the street, side, or rear yard of another Lot shall be fenced or screened with material
approved by the Committee.
Section 16. Accessory Structures. Accessory buildings which are appurtenant to
the use of an existing permanent residential building shall be permitted on a Lot. Permitted
accessory buildings shall include, without limitation, greenhouses, playhouses, tool sheds,
woodsheds, doghouses, dog runs, dog enclosures, and gazebos. No accessory building
shall be placed on a Lot unless the plans for the accessory building have been first approved
as to the design, materials, and location on the Lot by the Committee. The Committee may
refuse to approve an accessory building if, in the exercise of the discretion of the Committee,
the structure detracts from the general visual appearance to the Subdivision or other homes.
The location of an accessory building shall be at a place which minimizes the visual impact
and, as a general guideline, shall be in the side or rear yard behind the front of the home.
The Committee may require visual screening of accessory buildings from adjacent Lots.
All structures and improvements shall comply with the provisions of the applicable Building
Code, as amended from time to time, relating to setback requirements, drainage easements
and other easements or buffers; provided that nothing herein shall require removal of a
building which was originally placed in conformity with such Building Code because of a
change in the Building Code.
Section 17. Signs. No signs, billboards, or other advertising structure or device
shall be displayed to the public outlook on any Lot, except one sign not to exceed four (4)
square feet in area, may be placed on a Lot to offer the Lot for sale or rent.
Signs may be used by the Declarant, or an agent of Declarant's, to advertise the Lots during
the construction and sale period. Declarant's signs may include project marketing signs,
directional signs and model home signs.
Political signs may not be displayed more than sixty (60) days before an election and must
be removed within seven (7) days following the election date. Political signs may not be
placed on Tracts or Rights of Way owned or maintained by the Homeowners Association.
Section 18. Swimming Pools. No swimming pools, lap pools, or spas shall be
constructed, erected, or maintained upon any Lot without the prior written consent of the
Committee. The Committee may disallow any or all pools or spas in their sole discretion and
shall have the authority to establish rules governing the use of any such facilities.
Considerations shall include, but not be limited to, the visual and audio intrusion such facility
and associated activities would have on surrounding residences. The installation of any
such facility shall be in accordance with the plans approved by the Committee in addition to
all local and state building ordinances and use of such facility shall be in strict compliance
with the conditions of approval set down by the Committee.
Page 23
•
Section 19. Utilities and Satellite Dishes. No lines of wires for the transmission
of electric current or of television, radio or telephone signals shall be constructed, placed or
permitted to be placed outside of the building of a Lot, unless the lines and wires shall be
underground or in conduit attached to a building. No exterior aerials, antennas, microwave
receivers or satellite dishes for television or other purposes shall be permitted on any Lot
except for satellite dishes up to 24" in diameter that may be installed on the sides or the rear
of the home.
Section 20. Gardens, Play Equipment, Sport Courts, Pools, Spas and
Basketball Standards. No permanent and/or portable basketball standards or other play
equipment may be situated in any private or public right-of-way. Portable basketball
standards need not be submitted for approval but must be properly stored on the rear side of
the Residence or in the garage. Any violation of these restrictions may result in the removal
of such device. The Committee may require visual screening of play equipment, sports
equipment, sport courts, pool and spas.
Section 21. Decks and Patios. The Committee may require screening such as
skirting for decks which extend four (4) feet or more off the ground.
Section 22. Holiday Displays and other Exterior Adornments. All holiday
displays and decorations must be removed within two (2) weeks of the end of the pertinent
holiday. No displays or decorations may be installed earlier than six (6) weeks before the
pertinent holiday.
Section 23. Flag and Flag Poles. Any display of the flag of the United States by
an Owner must be displayed in a manner consistent with the federal flag display law 4
U.S.C. Sec. 1 et sec. The Committee shall review and approve the placement and manner
of display of the flag and the Committee shall review and approve the location and size of a
flagpole used for the display of the United States flag. Flag poles used by Declarant on the
Properties to advertise the Subdivision shall be allowed.
Section 24. Permits. No construction or exterior addition or change or alteration
of any structure may be started on any portion of the Properties without the Owner first
obtaining a building permit and other necessary permits from the proper local governmental
authority and written approval of such permits from the Board, Committee or the Declarant.
Section 25. Codes. All construction shall conform to the requirements of the State
of Washington codes (building, mechanical, electrical, plumbing) and local requirements
required by the City of Renton in force at the commencement of the construction, including
the latest revisions thereof.
Section 26. Entry for Inspection. Any agent, officer or member of the Board,
Committee, or the Declarant may, except in cases of emergency, at any reasonable
predetermined hour, upon 24 hours' notice during construction or exterior remodeling, enter
and inspect the structure to determine if there has been compliance with the provisions of
Page 24
•
this Declaration. The above-recited individuals shall not be deemed guilty of trespass for
such entry or inspection. There is created an easement over, upon and across the
residential Lots for the purpose of making and carrying out such inspections.
Section 27. Contractor. No home may be constructed on any Lot other than by a
contractor licensed as a general contractor under the statutes of the State of Washington
and the prior written approval of the Committee.
Section 28. Fines. In the event a Lot Owner violates any of the covenants,
conditions and/or restrictions set forth in this document, the Association has the right to
assess fines for said violations. The Board of Directors shall adopt Rules and Regulations
which shall set forth the fines for violations of any of the covenants, conditions and/or
restrictions set forth in this document. The Board of Directors may choose to pursue legal
channels to gain injunctive relief and any associated legal expenses will be added to the
fines. Such fines shall be collectible in the same manner as assessments and any remedies
available for the collection of assessments shall also be available for the collection of fines.
Section 29. Construction and Sale Period. So long as Declarant owns any
property in the Subdivision for development and/or sale, the restrictions set forth in this
article shall not be applied or interpreted as to prevent, hinder or interfere with development,
construction or sales activities of Declarant or any builder or developer approved by
Declarant.
ARTICLE XIII
GENERAL PROVISIONS
Section 1. Covenants Running with the Land. The covenants, conditions, and
restrictions, easements, rights, liens, and encumbrances herein provided for shall be
covenants running with the land and shall be binding upon the Subdivision and any and all
parts thereof, the parties in interest thereto and their heirs, assigns, personal representatives
and successors in interest. Accepting an interest in and to any portion of the Subdivision
shall constitute an agreement by any person, firm or corporation accepting such interest, that
they and each of them shall be bound by and subject to the provisions hereof.
Section 2. Amendment of Declaration. In addition to specific amendment rights
granted elsewhere in this Declaration, until conveyance of the first Lot to a person other than
a builder, Declarant may unilaterally amend this Declaration for any purpose. Thereafter,
Declarant may unilaterally amend this Declaration if such amendment is necessary (i) to
bring any provision into compliance with any applicable governmental statute, rule,
regulation, or judicial determination; (ii) to enable any reputable title insurance company to
issue title insurance coverage on the Lots; (iii) to enable any institutional or governmental
lender, purchaser, insurer or guarantor of mortgage loans to make, purchase, insure or
guarantee mortgage loans on the Lots; or (iv) to satisfy the requirements of any local, state
or federal governmental agency. However, any such amendment shall not adversely affect
the title to any Lot unless the Owner shall consent in writing.
Page 25
•
In addition, so long as Declarant owns property described in Exhibit "A" for development as
part of the Properties, Declarant may unilaterally amend this Declaration for any other
purpose, provided the amendment has no material adverse effect upon any right of any
Owner or unless such Owner shall consent in writing.
Except as otherwise specifically provided above and elsewhere in this Declaration, this
Declaration may be amended only by the affirmative vote or written consent, or any
combination thereof, of members representing sixty percent (60%) of the total votes in the
Association, and Declarant's consent, so long as Declarant owns any property subject to this
Declaration or which may become subject to this Declaration in accordance with Section 8 of
this Article.
Notwithstanding the above, no amendment to this Declaration involving the responsibility to
maintain the Common Maintenance Areas may be made without the prior written approval of
the City of Renton. All amendments must be filed with the office of the King County Auditor.
Section 3. Enforcement. The Association, the Board, or any Owner shall have
the right to enforce, by any legal proceeding, all restrictions, conditions, covenants,
reservations, liens and charges now or hereafter imposed by the provisions of this
Declaration.
Section 4. Attorney's Fees. In the event that it is necessary to seek the services
of an attorney in order to enforce any (1) provision of this Declaration or (2) lien created
pursuant to the authority of this Declaration, the individual against whom enforcement is
sought shall be obliged to pay any attorneys' fees incurred. If the Owner fails to pay such
fees within sixty (60) days, such fees shall become a lien against the Owner's lot.
Section 5. Successors and Assigns. The covenants, restrictions and conditions
articulated in this Declaration shall run with the land and shall accordingly be binding on all
successors and assigns.
Section 6. Severability. In the event that any provision hereof shall be declared
to be invalid by any court of competent jurisdiction, no other provision shall be affected
thereby and the remaining provisions shall remain in full force and effect. No waiver of the
breach of any provision hereof shall constitute a waiver of a subsequent breach of any
provision hereof or constitute a waiver of a subsequent breach of the same provision or of
any other provision. No right of action shall accrue for or on account of the failure of any
person to exercise any right hereunder nor for imposing any provision, condition, restriction
or covenant which may be unenforceable.
Section 7. Rule Against Perpetuities. In the event that any provision or
provisions of this Declaration violate the rule against perpetuities, such provision or
provisions shall be construed as being void and of no effect as of twenty-one (21) years after
the death of the last surviving incorporator of the Association or twenty-one (21) years after
the death of the last survivor of all the incorporators' children and grandchildren who shall be
living at the time this instrument is executed, whichever is later.
Page 26
Section 8. Other Parcels Will be Governed by Declaration. Declarant reserves
the right, but is not obliged, to add other parcels to the Properties. Declarant reserves the
right to determine the number and location of any Lots within the other parcels.
If any Other Parcels are added to the Properties, all of the Other Parcels shall be governed
by this Declaration. The character of the improvements which may be later added to the
Properties on other parcels shall be compatible with improvements already existing on the
Properties; provided, however, that Declarant may develop the other parcels for any lawful
purpose that is allowed by applicable laws and regulations. All easements for ingress,
egress, utilities and use of facilities, unless otherwise specifically limited, shall exist in favor
of all Owners in the Other Parcels.
During the Development Period, the addition of Other Parcels to the Properties shall occur
when the Declarant files for record an amendment to this Declaration legally describing the
Other Parcels. The voting rights of the existing Lot Owners shall be adjusted at the time
Other Parcels are added to the Properties only to the extent the total number of votes is
increased by the number of Lots added, and the percentage which one vote bears to the
total is thus diminished.
Section 9. Failure of Board to Insist on Strict Performance No Waiver. The
failure of the Board in any instance to insist upon the strict compliance with this Declaration
or Rules and Regulations of the Association, or to exercise any right contained in such
documents, or to serve any notice or to institute any action, shall not be construed as a
waiver or a relinquishment for the future of any term, covenant, condition, or restriction.
Section 10. Limitation of Liability. So long as a Director, Officer, Committee
member, Association agent, or Declarant acting on behalf of the Board or the Association,
has acted in good faith, without willful or intentional misconduct, upon the basis of such
actual information as is then possessed by such person, then no such person shall be
personally liable to any Owner, 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 that this Section shall
not apply where the consequences of such act, omission, error negligence are covered by
insurance or bonds obtained by the Board pursuant to this Declaration.
Section 11. Indemnification. Each Director, Officer, Committee member, and
Declarant shall be indemnified by the Association, including the Lot Owners, against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in
connection with any proceeding to which such person may be a party, or in which such
person may become involved, by reason of holding or having held such position, or any
settlement thereof, whether or not such person holds such position at the time such
expenses or liabilities are incurred, except to the extent such expenses and liabilities are
covered by insurance actually obtained by the Board and except in such cases wherein such
Director, Officer, Committee member or Declarant is adjudged guilty of willful misfeasance in
the performance of his or her duties; provided that in the event of a settlement, the
indemnification shall apply only when the Board approves such settlement and
reimbursement as being for the best interests of the Association.
Page 27
IN WITNESS WHEREOF, the undefined, being the Declarant herein, have
hereunto set their hand(s) and seal(s) this /3— day of 0452G1G6lS7— , 20/2..
DECLARANT
WINDSOR CIRCLE, LLC, a Washington limited liability
com ny
By WA
Its /wig ! E'2.
STATE OF WASHINGTON )
) ss.
COUNTY OF,lA/C )
On this /3 day of ,.4.1,WACT. , 20/2,- before me, the undersigned, a
notary public in and for the State of Washington, personally appeared
micemez a-iii , of WINDSOR CIRCLE, LLC, a Washington limited
liability company, that executed the within and foregoing instrument, and acknowledged the
said instrument to be the free and voluntary act and deed of said limited liability company, for
the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute the said instrument on behalf of said limited liability company.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first
above written. ce -e67.?..°
NOTARY PUBLIC in ..7• fors e State 1
of ashington, residing at
,ale 101 y/` A-2D.L .0 .ID z2 A
,. ��.an��aiq,� �'�f L/
7` nt Name)
A`�'' 4,,�t S�+ My(PrlCommission Expires: G• /?'/1
3 j 3;t4
rad , �* 4 `0
. p3 S
N
Page 28
r ,
• .
EXHIBIT "A"
LEGAL DESCRIPTION OF PROPERTY
Tract 8, Block 1, Cedar Park Five Acre Tracts, according to the Plat thereof, recorded in Volume 15 of
Plats, Page 91, records of King County, Washington.
Page 29