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City Clerk's OfficeIII I III IIIII I II 11111 II
City of Renton
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Renton, WA 98057 CITY OF RENTON COV—RER 94.00
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KING COUNTY, WA
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DECLARATIONS OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR THE
HONEY CREEK VIEW ESTATES HOMEOWNERS'ASSOCIATION
THIS DECLARATION is made on the date hereinafter set forth by W.H.
HUGHES JR. CO., INC. AND/OR ASSIGNS (Declarant), the owner of certain land
situated in the State of Washington, City of Renton, King County, known as Honey Creek
View Estates, which is more particularly described in Exhibit A. In order to ensure
preservation of the gracious residential environment at Honey Creek View Estates,
Declarant agrees and covenants, that all land and improvements now existing or hereafter
constructed thereon will be held, sold conveyed subject to, and burdened by the following
covenants, conditions, restrictions, reservations, limitations, liens and easement, all of
which are for the purpose of enhancing and protecting the value, desirability and
attractiveness of such lands for the benefit of all such lands and the owners thereof and
their heirs, successors, grantees and assigns. All provisions of this Declaration shall be
binding upon all parties having or acquiring any right, title or interest in such lands or any
portion thereof and shall insure to the benefit of each owner thereof and to the benefit of
Honey Creek View Estates Homeowners Association and shall otherwise in all respects
be regarded as covenants running with the land.
Contents
ARTICLE I DEFINITIONS 2
ARTICLE II PRE-EXISTING RESTRICTIONS 3
ARTICLE III DEVELOPMENT PERIOD 3
ARTICLE IV EASEMENTS, OPEN SPACES &TRACTS 4
ARTICLE V ASSESSMENTS 5
ARTICLE VI MAINTENANCE OF LOTS 8
ARTICLE VII HOMEOWNERS ASSOCIATION 10
ARTICLE VIII MANAGEMENT BY BOARD 11
ARTICLE IX LAND USE RESTRICTIONS 14
ARTICLE X BUILDING RESTRICTIONS 16
ARTICLE XI UTILITIES 17
ARTICLE XII ARCHITECTURAL CONTROL 17
ARTICLE XIII GENERAL PROVISION 20
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ARTICLE I
DEFINITIONS
For purposes of the Declaration and the Articles of Incorporation and the
Bylaws of the Honey Creek View Estates Homeowner's Association, certain words and
phrases shall have particular meaning as follows:
Section 1. "Association" shall mean and refer to the Honey Creek View
Estates Homeowners'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 IX. For the purposes of exercising the powers and
duties assigned in this Declaration to the Board, this teen shall also mean the "Temporary
Board" or "Declarant" as provided in Article IV unless the language or context indicates
otherwise.
Section 3. "Properties" shall mean and refer to the real property described
with particularly in Exhibit A.
Section 4. "Lot" shall mean and refer to any plot of land shown upon any
recorded subdivision map of the Properties. This term shall not include tracts designated
on the face of the Plat.
Section 5. "Declarant" shall mean and refer to W.H. Hughes Jr. Co., Inc.,
its successors and assigns. Successors and assigns shall not include other developers who
acquire one or more undeveloped lot from the Declarant for the purpose of development.
Section 6. "Architectural Control Committee" shall mean and refer to the
duly appointed or elected committee of the Board of Directors as outlined in Article XIII
of this Declaration, hereinafter referred to as the"Committee".
Section 7. "Development Period" shall mean and refer to that period of
time defined in Article III of this declaration.
Section 8. "Plat" shall mean and refer to the plat of Lots 1-9, inclusive
Honey Creek View Estates as recorded in Volume ,;1,c3 of Plats, Pages 03-2 g,
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Records of King County, State of Washington, under Recording No.
2,C)l34:37/6OQ10 �I
Section 9. "Residence" shall mean and refer to any buildings occupying
any lot.
Section 10. "Owner" shall mean and refer to the 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 only holding security interest in
properties within the Plat. Purchasers or assignees under recorded real estate contracts
shall be deemed Owners as against their respective sellers or assignors.
Section 11. "Building setbacks" are areas designated on the face of the
plat adjacent to sensitive areas, such as property lines or utilities.
ARTICLE II
PRE-EXISTING RESTRICTIONS
The Properties shall continue to be subject to previous covenants,
conditions, encumbrances and restrictions, to the extent that such restrictions are valid.
ARTICLE III
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 this Declaration until (1) a date five
years from the date of recording this Declaration or (2) the thirtieth day after Declarant
has transferred title to the purchases of the lots representing 99 percent of the total voting
power of all Lot owners as then constituted or (3) the date on which Declarant elects to
permanently relinquish all of Declarant's authority under this Article by written notices to
all Owners, whichever date first occurs. During the Develop Period, the Board of
Directors of the Association shall be appointed by the Declarant.
Section 2. Notice to Owners, Before the termination of the
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Development Period, the Declarant will give 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 and provision of the Articles of 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 five lots shall constitute a quorum. The Board of Directors and officers
of the Association may be elected by majority vote of said quorum. If a quorum is not
present, the Development period shall nevertheless terminate on that date specified in
said notice and it shall thereafter be the responsibility of the Lot Owners to provide for
the operation of the Association.
Section 3. Temporary board. Declarant may in its sole discretion, and
at such times as the Declarant deems appropriate, appoint three persons who may be the
Owners, or representatives of corporate entities or other entities which are Owners, as a
Temporary Board. During the Development Period, members of the Board of Directors
need not be the Owners. The Temporary 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.
Section 4. Appointment of Manager. Declarant may appoint a
managing agent, which shall have the power and authority to exercise all powers
necessary to carry out the provisions of this Declaration, including but not limited to
contracting for required services, obtaining property and liability insurance, and
collecting and expending all assessments and Association funds. Any such management
agent or the Declarant shall have the exclusive right to contract for all goods and services,
payment for which is to be made from any monies collected from assessments.
Section 5. Acceptance of Management Authority. The purpose of this
management arrangement is to ensure that the properties will be adequately managed
during the initial states of development. Acceptance of an interest in a lot evidences
acceptance of this management agreement.
ARTICLE IV
EASEMENTS, OPEN SPACES AND PRIVATE TRACTS
Section 1. Drainage Tract/Easement Restrictions. A drainage tract
with easements is indicated on the face of the Plat. Structures, fills, and obstructions,
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including, but not limited to decks, patios and buildings, overhangs, and trees shall not be
permitted within drainage tract. The easements give the City of Renton the right to enter
upon the said easements, and the area immediately adjacent to said easements, in order to
effectuate the purposes of the easement, or to construct a hard surface road among the
easements.
Section 2. Utility Easements. Various utility easements are designed
on the face of the Plat for the purpose of providing Lots within the Plat with electric,
telephone, gas cable television service and water. These easements give the easement-
holders the right to enter upon these Lots at all times to effectuate the purposes of the
easements. Not utility lines shall be placed on any Lot unless underground or in a
conduit attached to a building. Structures may only be placed on easements with the
permission of the Architectural Control Committee and the entity to which the easement
was granted. No planting material, fill, or other substances may be placed on the utility
easement which will interfere with such utility service.
Section 3. Structures Prohibited in Rights-of-Way. All rights-of-way
within the Plat have been dedicated to the City of Renton. No structures may be placed
in rights-of-way within the Plat.
Section 4. Maintenance of Detention and Water Quality System. The
Home Owners Association shall maintain the detention and water quality system and
emergency access roads until such time that those improvements which are or have been
conveyed and accepted in writing to the City of Renton, which will assume maintenance
and responsibility of such improvements.
ARTICLE V
ASSESMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of
any Lot by acceptance of a deed therefore, whether or not it shall be expressed in such
deed, is deemed to covenant and agree to pay the Association (1) annual assessments or
charges and (2) special assessments. Annual and special assessments shall be established
and collected in accord with the following provisions. The annual and special
assessments, together with interest, cost and reasonable attorney's fees, shall be a charge
on the land and shall be a continuing lien upon the property against which such
assessment is made. Each assessment, together with the interest, costs and reasonable
attorneys' fees incurred to collect such assessments, shall be the personal obligation of the
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individual who is the Owner of the time that the assessment fell due.
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Section 2. Purpose of Assessments. The assessments imposed by the
Association shall be used (1) to promote recreation, health, safety and welfare of the
residents of the properties, (2) for the cost of maintaining the recreational are within the
Plat, (3) for legal fees or damage incurred in an action in which the Association or a
member of the Board of Architectural Control Committee, acting in behalf of the
Homeowners' Association is named as a party, (4) for legal fees incurred by the
Homeowners' Association, (5) for any other reasonable expenses incurred by the
Homeowners'Association. (6) for maintenance of the common storm facility.
Section 3. Annual Assessment. The initial annual assessment shall be
$ per Lot payable in annual installments; six percent of the assessment
shall be allocated and paid to the Declarant to the Association or by a Professional
management fine. Such allocated funds tho 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.
The annual assessment may be increased during the Development Period
to reflect increased (1) maintenance costs, (2) repair costs, (3) Association and plat
management costs, (4) legal costs. All increases in the annual assessment during the
Development Period must directly reflect increase in the above-recited costs. During the
Development Period, it shall not be necessary to amend this Declaration to raise the
annual assessments. During the Development Period, the Declarant shall give members
of the Association notice of any increase in the annual assessment thirty days before the
date that the assessment becomes effective.
(a) After the Development Period expires, any increase in the annual
assessment which exceeds 10 percent requires the vote of the members
of the Association.
(b) After the Development Period expires, any increases in the annual
assessment which exceeds 10% requires the approval of 51% of the
members of the Association
(c) After the Development Period expires, the Board of Directors shall fix the
quarterly assessment in accord with the above-recited standards.
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Section 4. Special Assessments for Capital Improvements. If needed,
an addition to the annual assessments authorized above, the Association ma levy, in any
assessment year, a special 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 within the Plat including fixtures and personal
property relating thereto, provided that any such assessment shall have assent of 51
percent of the members of the Association who are voting on person or by proxy at a
meeting held duly called for this purpose. Any capital improvements, which exceed $,
must be approved by percent of the Owners.
Section 5. Special Assessments for Legal Fees and Damages. In
addition to the special assessment authorized in Section 4, the Declarant or the
Association may levy any assessment year a special assessment for the purpose of
defraying, in whole or in part, (1) legal fees and costs incurred in any action in which the
Association is a party, (2) legal fees and costs incurred by any action in which a member
of either the Board or the Architectural Control Committee is named as a party as a result
of a decision made or action performed while acting in behalf of the Homeowners'
Association, or (3) any other reasonable expenses incurred by the Homeowners'
Association. This assessment shall require the constant of percent of the Association
who are voting in person or by proxy at a meeting duly called for this purpose.
Section 6. Notice and Quorum for Any Action Authorized Under
Section 4 and 5. Written notice of any meeting called for the purpose of taking any
action authorized under Sections 4 and 5 of this Article shall be sent to all members not
less than 30 days and not more than 60 days in advance of the meeting. At the first
meeting called, the presence of 51 percent of the members of the Association of or
proxies entitled to cast 51 percent of the members of the Association shall constitute a
quorum. If the required quorum is not present, another meeting may be called to subject
to the same notice requirement; the required quorum at the subsequent meeting shall be
one-half of the required quorum at the preceding meeting.
Section 7. Uniform Rate of Assessment. Both annual and special
assessments must be fixed at a uniform rate for all Lots.
Section 8. Date of Commencement of Annual Assessment, Due Dates.
The annual assessments described in this Article shall commence on January 1, 2014.
The first annual assessment shall be adjusted according to the number of months
remaining in the calendar ear. Written notice of the Quarterly assessment shall be sent to
every Owner subject to such assessments. The Board of Directors shall establish the due
date. The Association shall, upon demand and for reasonable charge, furnish a certificate
signed by an officer of the Association setting forth whether the assessment on a specific
Lot has been paid. A properly executed certificate of the Association as to the status of
assessments on a Lot is binding upon the Association as the date of its issuance.
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Section 9. Effect of Non-Payment of Assessments Remedies of the
Association. Any assessment not paid within 30 days of the due date shall bear interest at
the rate of 12 percent per annum. Each owner hereby expressly vests in the Association
or its agents the right and power to bring all actions against such Owners 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 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 fore the benefit of the Association. The Association shall have
the power to bid in an interest and foreclosure sale and to acquire, hold, lease, mortgage
and convey the same. The Owner is responsible for the 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
this Agreement.
The Association shall have the right to suspend the voting rights of an
Owner for and period during which any assessment which the Lot remains unpaid and for
a period not to exceed 60 days for any infraction of the terms of either this Declaration,
the Articles or the Bylaws of the Association.
Section 10. Subordination of the Lien to Mortgage. The lien for
assessments, provided for in this Article, shall be subordinated 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 of transfer, however, shall relieve such
Lot from liability for any assessments thereafter becoming due or from the lien thereof.
• Section 11. Exempt Property. All property dedicated to and accepted by
local public authority shall be exempt from assessments provided by this Article.
ARTICLE VI
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Owner shall maintain
each Lot and Residence in a neat, clean and attractive condition at all times.
(a). Street Trees. The street trees planted within and / or
abutting individual Lots shall be owned and maintained by the Owners of said Lots and
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the trees planted within and/or abutting the private and public tracts within the Plat shall
be owned and maintained by the Honey Creek View Estates Homeowner's Association.
(b). Refuse. All Lots shall be kept free of debris. All refuse
shall be kept in sanitary containers screened from view of and Lot in the Plat; the
containers shall be regularly emptied and the contents disposed of off the Properties. 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 heap shall be permitted if the compost heap is concealed from view of any of the
properties.
(c). Storage of Vehicles. Owners may not store goods or
equipment or pennanently parked vehicles (e.g. boats, cars, trucks, campers and
recreational vehicles) in open view of any Lot, or allow others to do so. When vehicles
or goods are permanently parked or stored on Lots for a period over 24 hours, other than
in the circumstances described below in subsection (e) of this section, the vehicles and
goods shall be adequately screened from the view of adjacent right of ways and Lots.
The screening of such vehicles of goods must have the approval of the Architectural
Control Committee.
(d). Improperly Parked Vehicles. Upon 48 hours notice to
Owners of an improperly parked vehicle, the Board has the authority to have towed, at
the Owners expense, any vehicles that are parked in violation of this section.
(e). Temporary Parking by Owners. This section does not
prevent Owners from parking automobiles and trucks on driveways when the Owners are
out of town.
(f). Temporary Parking by Guests. This section does not
prevent guests from parking automobiles, trucks or recreational vehicles in driveways for
a period of four days. However, if the guests either (1) plan to park their vehicles in
driveways or (2) stay in their recreation vehicles for a period in excess of four days, the
Owners must obtain permission from the Board.
(g). Dilapidated, Unsightly Vehicles. Neither Owners nor their
guests are allowed to park dilapidated, dysfunctional or unsightly vehicles in driveways.
Section 2. Easement for Enforcement Purposes. Owners hereby
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irrevocably grant to the Association permission for purposes of going upon the Lots of
Owners for the purpose of removing vehicles of other similar objects which are pared or
stored in violation of the terms of this declaration.
Section 3. Lot Maintenance by the Association. In the event that an
owner shall fail to maintain the exterior of his premises and the improvements situated
thereon in a manner consistent with maintenance standards of the Honey Creek View
Estates community, the Board shall, upon receipt of written complaint of any Owner, and
subsequent investigation which verifies that complaint, have the right through its agents
and employees to enter upon the offending Owners Lot and repair, maintain and restore
the Lot and the exterior of the improvements on that Lot if the Owner shall fail to
respond in a manner satisfactory to the Board within 45 days after mailing of the
adequate notice by certified mail to the last know address of the Owner. The cost of such
repair, maintenance or restoration shall be assessed against the Lot, and the Board 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 the law. In the event that the
estimated cost of such repair should exceed one-half or one assessed value of the Lot any
improvements of that Lot, the Board shall be required to have the assent of 51 percent of
the members before undertaking such repairs.
Section 4. Construction Exemption. This Article does not apply to the
construction activities, storage of construction materials, construction debris, or the use
and parking of construction vehicles b the Declarant or its contractors during the
Development period.
ARTICLE VII
HOMEOWNERS ASSOCIATION
Section 1. Nonprofit Organization. The Association is a nonprofit
corporation under the laws of the State of Washington.
Section 2. Membership. Every 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 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 Article
and the Bylaws of the Association.
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Section 3. Voting Rights. Owners, including the 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 Article and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accordance with
the Bylaws of the Honey Creek View Estates Homeowners Association and RCW 64.38.
ARTICLE VIII
MANAGEMENT BY BOARD
Section 1. Expiration of the Development Period. Upon expiration of
the Declarant's management authority under Article III, all administrative power and
authority shall vest in a Board of three directors who must be owners. The Association,
by amendment of the Covenants, may increase the number of directors. All Board
positions shall be open for election at the first annual meeting after termination of the
Development Period. At the first meeting of either the temporary or permanent Board of
Directors, the new Board shall adopt Bylaws. The Declarant will make copies of the
Bylaws available to Lot Owners upon request.
Section 2. Terms. 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 accord with the Bylaws. The Board, for the benefit of all the Properties and
the Lot Owners, shall enforce the provisions of this Declaration and the Bylaws. In
addition to the duties and powers imposed by the Bylaws and any 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 limited to:
(a). Insurance. Obtain policies of general liability insurance.
(b). Legal and Accounting Services. Obtain legal and
accounting services if necessary to the administration of the Association affairs,
administration of the Recreational Area within the Plat, or enforcement of this
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Declaration.
(c). Street Lighting. Pay all costs of operating and maintaining
street lighting.
(d). Maintenance of Lots. If necessary, maintain any Lot if such
maintenance is reasonably necessary in the judgment of the Board to preserve the
appearance and value of the Properties or Lot. The Board may authorize such
maintenance activities if the Owner or Owners of the Lot have failed or refuse 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.
(e). 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 Recreational Area within the Plat rather than merely against
the interest therein of particular Owners. Where on 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 attorney's fees and the
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.
(f). Security. Pay all costs deemed appropriate by the Board to
ensure adequate security for the Lots constituting the residential community created on
the Properties.
(g). Right to Contract. Have the exclusive right to contract for
all goods and services, maintenance and capital improvements provided, however, that
such right of contract shall be subject to Association approval.
(h). Right of Entry. Enter any Lot 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 24 hours prior to such entry. Such entry must be made with as little
inconvenience to the Owner as practicable, and any damage caused thereby shall be
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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 activity were necessitated by the Owner of the
Lot entered, in which case the cost shall be specially assessed to that Lot. If the
emergency of the need for maintenance or repair was caused by another Owner of
another Lot, the cost thereof shall be specially assessed against the Owner of the other
Lot.
(i). Promulgation of Rules. Adopt and publish rules and
regulation governing the members and their guests and establish penalties for any
infraction thereof
(j). 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.
(k). Employment of Manager. Employ a manager, and
independent contractor, or such other employees as the Board deems necessary and
describe the duties of such employees.
(1). Payment for Goods and Services. Pay for all goods and
services required for the proper functioning of the Recreational Area within the Plat and
the Association.
(m). Impose Assessments. Impose annual and special
assessments.
(n). Bank Account. Open a bank account on behalf of the
Association and designate the signatories required.
(o). Legal Actions. Commerce legal actions for the enforcement
of these covenants or any other legal action that the Board of Directors deems necessary
for the protection of the Plat. The Board also has the authority to defend against legal
actions initiated against the Association.
(p). Exercise of Powers, Duties and Authorities. 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
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Incorporation, or this Declaration. The Board shall have all powers and authority
permitted to it under this Declaration and the Bylaws. However, nothing herein
contained shall be construed to give the Board authority to conduct a business for profit
on behalf of all Owners or any of them.
(q). The Association may not alter or disband the Association or
alter or amend the CCR's or By-laws to abandon, convey or disregard any duty owned by
the Association to its members or the City of Renton.
(r). The Association shall do whatever necessary to maintain,
secure, protect or prevent damage or harm to any native growth protection area or
otherwise protected space..
ARTICLE IX
LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All Lots within the Properties
shall be used solely for private single-family residential purposes. Each residence must
have a private enclosed car shelter for not less than two cars. No single-family structure
shall be altered to provide residence for more than one family. No Lot in Honey Creek
View Estates shall be further divided.
Section 2. Property Use Restrictions. No Lot shall be used in a
fashion that unreasonably interferes with the other Owners' right to use and enjoy their
respective Lots. The Board, the Committee designated by it, or the Declarant during the
Development Period, shall determine whether any given use of a Lot unreasonably
interferes with those rights; such determinations shall be conclusive.
Section 3. Prohibition of Nuisances and Untidy Conditions. No
noxious or offensive activity or condition shall be conducted on any Lot, 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 the other Owners to use and
enjoy any part of the Properties. No untidy or unsightly condition shall be maintained on
any property. Untidy conditions shall include, but are not limited to, publicly visible
storage of wood,boats, trailers, recreational vehicles and disabled vehicles of any kind.
Section 4. Fences, Walls and Shrubs. Fences, walls or shrubs are
permitted to delineate the lot lines of each Lot, subject to (1) the approval of the
Architectural Control Committee and (2) determination whether such fences, walls or
shrubs would interfere with utility easements reflected on the face of the Plat and other
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easements elsewhere recorded. No barbed wire or corrugated fiberglass fences shall be
erected on any Lot. All fences, including chain link fences, open and solid, are to meet
the standards set by the Committee and must be approved by the Committee prior to
construction or installation. No fences shall be constructed in the front yard or front
setbacks. Fences or rails shall be erected and maintained at the top of any area where
they create a vertical or nearly vertical retaining wall or slop over three feet (3').
Section 5. Temporary Structures. No structures of a temporary
character or trailer, recreational vehicle, basement, tent, shack, garage, barn or other
outbuildings shall be used on any Lot at any time as a residence, either temporarily or
permanently. No vehicles parked in public right-of-way may be used temporarily or
permanently for residential purposes except as provided in Article VI.
Section 6. Mining. No oil drilling, oil development operations, oil
refilling, quarrying or mining operation of any kind shall be permitted on or in any Lot,
nor shall oil wells, tanks, tunnels, mineral excavation or shafts be permitted on or in any
Lot. No derricks or other structure designed for use in boring for oil or natural gas shall
be erected, maintained or permitted upon any Lot. Oil storage for residential heating
purposes is permissible of the storage tank is buried.
Section 7. Signs. No signs, billboards or other advertising structure or
device shall be displayed to the public view on any Lot except on sign not to exceed five
square feet in area may be placed on a Lot to offer the property for sale or rent. Signs
also may be used by a builder to advertise the property during the construction and sale
period. Political yard signs of a temporary nature will be allowed on Lots during
campaign periods. Within five days of the occurrence of the election, such signs must be
removed from Lots. The Board may cause any sign placed on Properties in violation of
this provision to be removed and destroyed.
Section 8. Animals. No animals other than dogs, cats, caged birds,
tanked fish and other conventional small household pets may be kept on Lots. Dogs shall
not be allowed to run at large. The Owner or other person accompanying the animal shall
remove animal waste deposited on lawns, sidewalks, trails and right-of-way. All animal
pens and enclosures must be approved by the Committee prior to construction and shall
be kept clean and odor free at all times. If the investigation of the Board indicates that
animals are kept in violation of this section, the Board will give the Owner 10 days
written notice of the violation. The Owner must remedy such violations within 10 days.
Failure to comply with the written notice will result in a fine of $25 per day. The
Association shall be entitled to attorney's fees for any action taken to collect such fines in
accord with the provisions of Article XIII, Section 4.
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ARTICLE X
BUILDING RESTRICTIONS
Section 1. Building Materials. Homeowners who do not have W.H.
Hughes Jr. Co., Inc. and/or Assigns, or the contractor (TBD) designated to construct
homes for it shall be obliged to use materials of a quality equivalent to those materials
which W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor has utilized for the
construction of homes in the Plat. If inferior materials are utilized, the Committee will
require that such materials be replaced. The (1) grade of materials and (2) price of
materials shall be relevant considerations in determining whether the materials equivalent
quality.
Section 2. Permits. No construction, exterior addition, 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
government authority and written approval of such permits from the Board, Architectural
Control Committee or the Declarant. The Committee must approve the plans for all
construction or alternation proposals (see Article XII).
Section 3. Codes. All construction must conform to the requirements
of the State of Washington, Uniform Bodes (building, mechanical, plumbing) and the
City of Renton codes and requirements, in force at the commencement of the
construction, including the latest revisions thereof.
Section 4. Time of Completion. The exterior of any structure,
including painting or other suitable finish and initial landscaping shall be completed
within eight months of the beginning of the construction so as to present a finished
appearance when viewed from any angle. The construction area shall be kept reasonable
clean during the construction period.
Section 5. Entry for Inspection. Any agent, officer or member of the
Board, Committee or the Declarant may, at any reasonable predetermined hour upon 24
hours notice during the construction or exterior remodeling, enter and inspect the
structure to determine if there has been compliance with provisions of this Declaration.
The above recited individuals shall not be deemed guilty of trespass for such entry or
inspection. There is created as easement over, upon and across the residential Lots for
the purpose of making and carrying out such inspections.
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Section 6. Contractor. No home may be constructed on any Lot other
than by a contractor licensed as general contractor under the statutes of the State of
Washington without the prior approval of the committee.
ARTICLE XI
UTILITIES
Section 1. Antennas. No radio or television antennas, transmitters or
parabolic reflectors (satellite dish antenna) shall be permitted unless approved by the
Committee.
ARTICLE XII
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee ("Committee"). Upon
termination of the Development Period, the Board shall appoint a Committee. The
Committee shall consist of not less than three and not more than five 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 b the Board
until such time as the Board shall appoint and designate the Committee. The Committee
shall be appointed within a month of the election of the Board following the termination
of the Development Period.
Section 2. Jurisdiction and Purpose. The Committee or the Declarant
shall review proposed plans and specifications for Residences, accessory structures (e.g.,
garden sheds, tool sheds, doll houses, tree houses, gazebos and playground equipment),
fences, walls, appurtenant recreational facilities (e.g., hot tubs, spas, bath houses, animal
pens or enclosures) or other exterior structures to be placed upon the Properties. No
exterior addition or structural alteration may be made until plans and specifications
showing the nature, kind, shape, height, materials and location of the structure or
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alteration have been submitted to and approved in writing by the Committee. The
Committee also shall review proposals to change the exterior design and location of the
proposed structure, alteration or color change harmonize with the (1) surrounding
structures, (2) surrounding natural and built environment and (3) aesthetic character of
other homes in the Plat.
Section 3. Membership. The Committee shall be designed 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 obligated to fill a vacancy on the Committee unless the membership of the
Committee numbers less than three 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 or a Committee member with respect to both ministerial matters and
discretionary judgments.
Section 5. Donation of Time. No member of the Committee shall be
entitled to any compensation for services performed on behalf of the Committee.
Committee members or representatives shall have no financial liability resulting from
Committee actions.
Section 6. Address of the Committee. The address of the Committee
shall be the registered office address of the Association.
Section 7. Voting. Committee decisions shall be determined by a
majority vote by the members of the Committee.
Section 8. Submission of Plans. 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 the plans and specifications, identity of the Lot involved and the
following information about the proposed structure:
(a). The location of the structure upon the Lot;
(b) The elevation of the structure with reference to the existing and
finished Lot grade;
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(c) The general design;
(d) The interior layout;
(e) The exterior finish materials and color, including roof
materials;
(f) The landscape plan;
(g) Other information which may require in order to determine
whether the structure conforms to the standards articulated in the
Declaration and the standards employed by the
Committee in evaluating development proposals.
Section 9. Plan Check Fee. All individuals submitting plans to the
Committee 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 for Residences. A fee of$25 will be
charged for the review of other structures.
Section 10. Evaluating Development Proposals. The Committee shall
have the authority to establish aesthetic standards for evaluating development proposals.
In addition to such standards, in evaluating development proposals, the Committee shall
determine whether the external design, color, building materials, appearance, height
configuration and the landscaping of the proposed structure harmonize with (1) the
various features of the natural built environment, (2) the aesthetic character of the other
homes in Honey Creek View Estates and (3) any other factors which affect the
desirability or suitability of a proposed structure or alteration. The Committee will not
approve temporary or non-permanent structures. Committee determinations may be
amended by a majority vote of Committee members.
Section 11. Exclusions. The Committee is not required to review plans
and specifications for homes constructed by W.H. Hughes Jr. Co., Inc. and/or Assigns or
W.H. Hughes Jr. Co., Inc. and/or Assigns Contractor.
Section 12. Approval Procedures. Within 30 days after the receipt of
plans and specifications, the Committee shall approve or disapprove the proposal
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structure. The Committee may decline to approve plans and specifications which, in its
opinion, do not conform to restrictions articulated in this Declaration or 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.
Section 13. 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 itr reviews comply with local building codes
and requirements. The Committee shall be held harmless in the event that a structure
which it authorizes fails to comply with relevant building and zoning requirements, 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 14. 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 even that the variation will not (1) detrimentally impact the overall
appearance of the development, (2) impair the attractive development or the subdivision
or (3) adversely affect the character of nearby Lots. Granting such variations shall only
be granted if the Committee determines that the variation would further the purposes and
intent of these restrictions. Variations shall only be granted in extraordinary
circumstances.
Section 15. Enforcement. In any judicial action to enforce a
determination of the Committee, the losing party shall pay the prevailing party's
attorney's fees, expert witness fees and other costs incurred in connection with such legal
actions or appeal. (See Article XV, Section 4.)
ARTICLE XIII
GENERAL PROVISION
Section 1. Covenants Running with the Land. These covenants are to
run with the land and be binding on all parties and persons claiming under them for a
period of 30 years from the date these covenants are recorded, after which time the
covenants shall be automatically extended for successive period of 10 years unless an
21
instrument signed by a majority of the individuals then owning Lots has been recorded
which reflects their intent to amend the covenants in whole or in part.
Section 2. Amendment. The Declaration and Bylaws may be amended
during the initial 30-year period if 51 percent of the members vote to amend particular
provisions of either instrument. This Declaration may be amended during the
Development Period by any instrument signed by both the Declarant and the Owners of
51 percent of the Lots, including those owned by the Declarant. The provisions expressly
referring to the Declarant may not be amended without the Declarant's approval. All
amendments must be filed with the office of the King County Records Department or its
successor agency. These covenants may not be amended to limit or eliminate the
responsibility for maintaining the common storm water facility without the prior written
approval of the City of Renton.
Section 3. Enforcement. The Association, the Board or any Owner
shall have the right to enforce, by any legal preceding, all restrictions, conditions,
covenants, reservations, liens and charges now or hereafter imposed by the provisions of
this Declaration.
Section 4. Attorneys' Fees. In the event that it is necessary to seek the
services of an attorneyin 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 60 days, such fees shall become a lien against the Owner's
Lot.
In any legal action commenced in order to enforce the provisions of this
Declaration, the prevailing party shall be entitled to recover all reasonable attorneys' fees
and expert witness fees incurred in order to enforce the provisions of this Declaration.
The prevailing party shall also be entitled to recover all costs.
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. Sever Ability. The invalidity of any one or more phrases,
clauses, sentences, paragraphs or sections hereof shall not affect the remaining portions
of this Declaration of any part thereof. In the event that one or more of the phrases,
clauses, sentences, paragraphs or sections contained herein should be invalid, this
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Declaration shall be constructed as if the invalid phrase, clause paragraph or section had
not been inserted.
IN WITNESS WHEREOF the undersigned, being the Declara t herein,
has hereunto set his hand and seal this day of p . ,
W.H. Hughes, Jr. Co., Inc.
Declarant
By:
It's President
STATE OF WASHINGTON )
)ss,
COUNTY OF KING )
On this Ct day of V(310*(1- , 2013
before me, the undersigned, a notary public in and for the State of Washington, personally
• appeared Wilford H. Hughes, President of W.H. Hughes Jr. Co., Inc., a Washington
Corporation, the corporation that executed the within and foregoing instrument,
acknowledged the said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned and on oath stated that he is
authorized to execute the said instrument and that the seal affixed is the corporate seal of
said corporation.
WITNESS my hand and official seal hereto affixed the day and year first
written above.
11111 t!
R. Pq1�t11siUbL'c ( likkA4)
�i
41.-4-4,10741'417
_ . _ M Notary Public in and for the State of
N �tiou• =0 Washington
�'9j 14111,n30...��*''�C� s Residing at: 00 W
/I t 1 Hod WAS``��``4 My commission expires: 3 J30))7