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HomeMy WebLinkAboutRC 9509140989 • FP295-102 , •WHET RECORDED RETURN'10: • Office of the City Clerk Renton Municipal Building 200 Mill Avenue South Renton,WA 98055 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR STRATFORD HEIGHTS cn ca a W cc Y ti C7 U M ac 07 hJ CS Q1 ca OD 1Y5 C•t L • TABLE OF CONTENTS DECLARATION 2 ARTICLE 1 DEFINITIONS 2 ARTICLE 2 COMPLIANCE WITH GOVERNING DOCUMENTS 3 ARTICLE 3 STRATFORD HEIGHTS OWNERS ASSOCIATION 3 ARTICLE 4 ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS 7 ARTICLE 5 USE COVENANTS, CONDITIONS AND RESTRICTIONS 9 CI ARTICLE 6 EASEMENTS AND OPEN SPACE 13 ARTICLE 7 d4 LIMITATION OF LIABILITY 13 0 ARTICLE 8 MORTGAGEE PROTECTION 14 ARTICLE 9 DURATION AND BINDING EFFECT 14 ARTICLE 10 WHO MAY ENFORCE 14 ARTICLE 11 SEVERABILITY 15 ARTICLE 12 APPLICABLE LAW 15 ARTICLE 13 CONFLICT 15 ARTICLE 14 AMENDMENT 15 and obligations of Declarant,as set forth herein,shall cease upon the completion of all development of the Property. 1.6 "Declaration"shall mean and refer to this instrument, as the same may be supplemented or amended from time to time. 1.7 "Dwelling" shall mean and refer to the improvement which is to be used solely as a single family residence by a respective Owner. 1.8 "Governing Documents" shall mean and refer to this Declaration and Supplementary Declarations, and the governing documents of the Association. 1.9 "Lot" shall mean and refer to any legally platted, segmented and alienable portion of the Property. 1.10 "Mortgage"shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot. 1.11 "Mortgagee"shall mean the beneficial owner, or the designee of the beneficial owner, of an encumbrance on a Lot created by mortgage or deed of trust and shall also mean the vendor, or the, designee of a vendor, of a real estate contract for the sale of a Lot. 1.12 "Open Space"shall mean the land designated as "Native Growth Protection Area" on the Plat which shall remain as non-developable tracts. 512 1.13 "Owner"shall mean and refer to the record owner, as shown by the Real Estate Records in the King County Division of Records and Elections, State of Washington, (whether one or more persons or entities)of a fee interest in any Lot or Dwelling, including one or more persons or entities,who acquire a Lot(s) 11 Ofor the purpose of improving such Lot(s)for resale to other individual Owner(s); but excluding mortgagees or other persons or entities having such interest merely as security for the performance of an obligation; except a creditor,who acquires title to a Lot(s) and Dwelling thereon or any portion thereof pursuant to foreclosure or C) any other proceeding or deed in lieu of foreclosure, shall be considered an owner. Purchasers or assignees 0 under recorded real estate contracts shall be deemed owners as against their respective sellers or assignors. 1.14 "Percentage of Mortgagees". For purposes of determining the percentage of first mortgagees approving a proposed decision or course of action, a mortgagee shall be deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a first lien on said Lot. 1.15 "Percentage of Owners". For purposes of determining the percentage of Owners approving a proposed decision or course of action, an Owner shall be deemed a separate Owner for each Lot owned. 1.16 "Structure"shall mean and refer to any dwelling, building, fence, wall, road, swimming pool, concrete or other slab or other structure which is attached to or placed on the land. 1.17 "Supplementary Declarations"shall mean and refer to any recorded declaration of covenants, conditions, and restrictions which extends or amends the provisions of this Declaration. 1.18 "Subdivision"shall mean and refer to the Property. 1.19 'Transition Date" shall mean the date upon which the authority and responsibility to administer and manage the Association subject to this Declaration and the Bylaws, passes to the Association. The Transition Date will be either: n the date designated by Declarant in a written notice to the Owners, which date may at Declarant's election be any date after this Declaration has been recorded; or (ii) the 120th day after Declarant has transferred title to purchasers of nineteen (10) Lots. Er\VORK\CL::T_E-C\CAHYEST,STRAT_HT\CC6R., 2 ARTICLE 2 COMPLIANCE WITH GOVERNING DOCUMENTS 2.1 Owners Compliance With The Governing Documents. By acceptance of a deed to a Lot, execution of a contract therefore, or any other means of acquisition of an ownership interest,whether or not it shall be so expressed in any such deed or other instrument,the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to observe and comply with all terms of the Governing Documents as provided in this Declaration. ARTICLE 3 STRATFORD HEIGHTS OWNERS ASSOCIATION 3.1 Description of Association. The Association is a non-profit corporation organized and existing under the laws of the State of Washington charged with the duties and vested with the powers prescribed by law and set forth in the governing documents of the Association, as they may be amended from time to time; provided, however,that no governing document other than this Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent with this Declaration. 3.2 Association Board. Declarant may, but shall not be required to, select an initial board of directors consisting of three (3) persons who initially need not be Owners. The initial board shall have the full authority and all rights, responsibilities, privileges, and duties to manage the Association under the governing documents of the Association, and shall be subject to all provisions of those governing documents. The term of the initial directors of the board shall expire thirty (30) days after the sale of the last Lot at which time a 47) special meeting shall be held to elect successors to the Board. The board shall elect officers of the Association from among the board members,which shall include a president who shall preside over the meetings of the board and meetings of the Association. 01) le C:1, 3.3 Association Membership. Every person or entity who is an Owner shall by reason thereof be a member of the Association. Such membership shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot or Dwelling to which it relates. Membership shall not be d separated from Ownership of the Lot or Dwelling to which it relates; provided, however,that any Owner may delegate his rights of membership in the Association to the members of his family. 3.4 Elections at Meetings. The Association shall conduct regular and special meetings, at which the members shall be allowed to vote on matters, including but not limited to the election of the officers and directors, successor members of the Committee, establishment of rules and regulations, action to be taken when a violation of the covenants,conditions and restrictions of this Declaration occur, etc. Written notification shall be given to every member at least thirty(30)days prior to any regular or special meeting, except a shorter notification shall be allowed if an emergency situation exists requiring the immediate action of the Association. All members may vote and transact business at any meeting of the Association by proxy authorized in writing. Additionally, in the discretion of the Board of Directors of the Association, the Association may send with the notices of a regular or special meeting,a statement of certain motions to be introduced for vote of the members and a ballot on which each member may vote for or against such motion. Provided, however, such ballots shall not be counted in determining whether a quorum is present to vote upon motions not appearing on the ballot. A quorum, for purposes of this Declaration, shall be considered to be a simple majority of members in the Association, who are allowed to vote at the meetings of the Association. 3.5 Votes Appurtenant to Lot(s) and Dwelling(s). Every Owner shall be entitled to cast one vote in the Association for each Lot or Dwelling owned. A vote shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot or Dwelling which it relates. A vote shall not be separated from Ownership of the Lot or Dwelling; provided, however,that when one or more entity holds the beneficial fee interest in any Lot or Dwelling,the vote therefore shall be cast as the Owners among themselves determine, but in no event shall more than one vote be cast with respect to any Lot or Dwelling; and if the several Owners E:\WORK\CLNT_A-C\CAHWEST\STRAY HT\CCSB.: 3 of a Lot or Dwelling are unable to agree as to the casting of their vote, such vote shall not be counted. When a single entity owns more than one Lot or Dwelling, each vote may be cast separately. 3.6 Initial Number of Votes. From the commencement of the existence of the Association, there shall be a total of 13 outstanding votes in the Association, representing one vote for each of the 13 Lots comprising the Subdivision. During the development of the Subdivision,P bdNision,the Declarant shall be 13 votes, less oneentitled to cast vote for each Lot or Dwelling then owned by an Owner other than Declarant. 3.7 Declarant's Power Until Transition Date. Until the Transition Date, Declarant shall have the full power and authority to exercise all of the rights, duties, and functions of the Board of Directors and the offices of the Association, including but not limited to the adoption of rules and regulations, contracting for the purchase of goods and services, buying insurance, and collecting and expending all assessments and other Association funds. Declarant shall have the power to contract with an experienced professional, managing agent, and delegate to the managing agent all of the powers and duties of the Board that the Board is authorized to delegate. Declarant may at such times as it deems appropriate select and from time to time replace an interim board of three directors,who need not be apartment owners or purchasers,who shall have all the powers,duties,and functions of the Board of Directors. Any contract made by Declarant, its managing agent, or the interim board (including management contracts) that would otherwise extend beyond the Transition Date shall be terminable by the Board after the Transition Date upon 30 days' notice. 3.8 Owner's Compliance With Governing Documents. By acceptance of a deed to a Lot or Dwelling,execution of a contract therefore,or any other means of acquisition of an Ownership interest,whether or not it shall be so expressed in any such deed or other instrument,the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns,to observe and comply with all terms of the governing documents of the Association, and all rules and regulations dulypromulgated Association action. p mulgated pursuant to 3.9 Rules and Regulations. The Association shall have the power to adopt from time to time by ') Association Action and to enforce rules and regulations governing the use of the Property in addition to the use O restrictions contained in this Declaration and whether or not expressly contemplated herein, provided that such 'r rules and regulations shall not be inconsistent with this Declaration. The rules and regulations may not discriminate among Owners. The Association may prescribe penalties for the violation of such rules and regulations. Any such rules and regulations shall become effective thi amendment and shall be mailed to all Owners within thirtyrtY (30) days after t. A IA (30)days after promulgation or amendment. A copy of the rules and regulations then in force shall be retained by the secretary of the Association available for inspection nand shall be p n by any Owner during reasonable business hours. Such rules and regulations shall have the same force and effect as if set forth herein. 3.10 Architectural Control Committee. The Association shall establish and continuously maintain an architectural control committee(the "Committee") composed of three or more members as provided in the by-laws of the Association,to review and approve or disapprove the details and written plans and specifications showing the nature, kind,shape,height,materials,colors,and location of proposed dwellings, buildings, fences, walls,or other structures, exterior additions to or changes or alterations therein, clearing or excavation of lots. The members of the Committee shall be initially appointed by the Declarant. Upon the death of a member of the Committee the Association shall appoint a successor member. The initial members appointed by the • Declarant shall act as members of the Committee for a term which will expire thirty(30) days after the sale of the last Lot within Stratford Heights, at which time the newly elected Board of Directors shall establish and appoint successor committee members by a majority vote of the newly elected directors. Each committee member shall be appointed to serve until the next annual meeting at which time the newly elected Board of Directors shall appoint his/her successor and shall qualify. The Association shall have the power to adopt from time to time by Association Action and to enforce guidelines,criteria,and procedures governing the architectural control committee and the Owners'compliance with the provisions of this Declaration. E:\WORK\C:.M1T_A-C\CNIWEST`.STRAT_HT\CC&R.1 4 • 1 • a. AD buildings and structures(including,without limitation, concrete or masonry walls, rockeries, fences, swimming pools, if any, or other structures)to be constructed within the Property, and all exterior alterations and repairs(including, but not limited to, reroofing or repainting) of any buildings or struc- tures on the Property and visible from any public street or other Lot must be approved by the Committee. Complete plans and specifications of all such proposed buildings, structures, and exterior alterations and repairs,together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the Committee,shall be submitted to the Committee before construction, alteration or repair is started. Construction, alteration or repair shall not be started until written approval thereof is given by the Committee. Any exterior modifications in accordance with plans and specifications developed by the Declarant and filed with the Board will be deemed approved exterior modifications. b. The Committee will review submittals as to the quality of workmanship and materials planned and for conformity and harmony of the external design with proposed or existing structures on neighborhood residential Lots or building sites, and as to location of the building with respect to topography, finish grade elevation and building setback restrictions. c. In the event the Committee fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, such approval will not be required. d. All plans and specifications for approval by the Committee must be submitted in duplicate,at least thirty(30)days prior to the proposed construction or exterior alteration or repair starting date. The maximum height of any building shall be established by the Committee as part of the plan approval and shall be given in writing together with the approval. e. The Committee may require that said plans or specifications shall be prepared by an Go architect or a competent house-designer, approved by the Committee. One complete set of said plans and al specifications shall in each case be delivered to and permanently left with the Committee. All buildings or O structures shall be erected or constructed, and all exterior alterations or repairs made, by a contractor, house ' builder or other person or entity approved by the Committee. The Committee shall have the right to refuse to rl approve any design, plan or color for such improvements, construction, or exterior alteration or repair visible O1) from a public street or other Lot which is not suitable or desirable, in the Committee's reasonable opinion, aesthetic or otherwise. f. In so passing upon such design,g the Committee shall have the right to take into consideration the suitability of the proposed building or other structure, and the material of which it is to be built, and the exterior color scheme,to the site upon which it is proposed to erect the harmony thereof with the sur- roundings, and the effect or impairment that said structures will have on the view or outlook of surrounding building sites,and any and all factors,which,in the Committee's opinion,shall affect the desirability or suitability of such proposed structure, improvements, or exterior alteration or repair. g. The Committee shall have the right to disapprove the design or installation of a swimming pool or any other recreational structure or equipment desirable, in the Committee's reasonable opinion,aesthetic or otherwise. In so passing upon such design or proposed installation,the Committee shall have the right to take into consideration the visual impact of the structure and the noise impact of the related activities upon all of the properties located in close proximity. Any enclosure or cover used in connection with such a recreational structure or equipment, whether temporary, collapsible, seasonal, or whatever, shall be treated as a permanent structure for the purposes of these covenants, and shall be subject to all the conditions, restrictions, and requirements as set forth herein for all buildings and structures. h. The Committee shall have the right to require,ata Lot Owner's expense,the trimming or topping(or,if deemed necessary byte Committee,removal) of any tree, hedge or shrub on a Lot which the Committee determines is unreasonably blocking or interfering with the view or access to sunlight of another Lot. E.WOF%\CL`!T_n-C\CAMVEST\STTLV_W;\CC6A.i 5 • The Committee shall have the right to specify precisely the size, color and style of mailboxes,and of the post or support on which such mailboxes are affixed, and their location within the Project. j. Declarant(including any successor in interest to Declarant's status as Declarant) shall not be subject to the restrictions of Section 3.9 as to any Lot owned by Declarant,whether or not management of the Association has been relinquished by Declarant. k. Notwithstanding any provision in this Declaration to the contrary, Declarant(its agents, employees and contractors)shall be permitted to maintain during the period of sale of Lots and/or Homes upon such portion of the Property(other than Lots sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to, a business office, storage area, signs, model units, sales office, construction office, and parking areas for all prospective tenants or purchasers of Declarant. 3.11 Authority and Duties of the Board. On behalf of and acting for the Association,the Board, for the benefit of the Project and the Owners,shall have all powers and authority permitted to the Board under this Declaration, including but not limited to the following: a. Establish and collect regular assessments(and to the extent necessary and permitted hereunder, special assessments) to defray expenses attributable to carrying out its duties hereunder and maintain an adequate reserve fund for the maintenance, repair and replacement of those portions of the facilities which must be maintained, repaired or replaced on a periodic basis,which reserve shall be funded by the above assessments. b. Obtain the services of persons or firms as required to properly manage the affairs of the Association to the extent deemed advisable by the Board including legal and accounting services, property management services. c. When and to the extent deemed advisable by the Board,to adopt reasonable rules and regulations governing the maintenance and use of the Property and other matters of mutual concern to ©v 4 the Lot Owners,which rules and regulations are not inconsistent with this Declaration and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. CI d. Obtain and pay for policies of insurance or bonds providing casualty and liability coverage, and for fidelity of Association officers and other employees, the requirements of which are more fully set forth hereinafter. e. To the extent deemed advisable by the Board, pay for the costs of maintaining and landscaping rights of way,traffic islands and medians, or other similar areas which are within or adjacent to the Project boundaries, 1 and which are owned b y or dedicated to a governmental entity,provided, �Y, if said governmental entity fails to do so; p d,the Lot Owner at the Owner's expense (rather than the Association) shall maintain and landscape such areas as are adjacent to such Owner's Lot. f. To the extent deemed advisable b and re lacin y the Board,pay for the cost of maintaining, repairing p g perimeter and interior fences, if any; and landscaping and improvements on easements, if any, which are located on or across Lots; provided,the Board at its option may require a Lot Owner at the Owner's expense to maintain,repair and replace such fences, landscaping and improvements as are adjacent to such Owner's Lot. 9. Enforce the applicable provisions of the Declaration for the management and control of the Project. h. Contract and pay for any materials,supplies,labor or services which the Board should determine are necessary or proper for the enforcement of this Declaration, including legal, accounting, E:\WJRA\CLhT_A-L',CAMWEST\STRAT_HT\CCCR.1 6 management or other services; provided that if for any reason any materials, supplies, labor or services are provided for particular Lots or their Owners,the cost thereof shall be specifically charged to the Owner of such Lots. Each Owner, by the mere act of becoming an Owner, shall irrevocably appoint the Association as his attorney-in-fact,with full power of substitution,to take such action as reasonably necessary to promptly perform the duties of the Association and Board hereunder, including but not limited to the duties to maintain, repair and improve the Property,to deal with the Property upon damage or destruction, and to secure insurance proceeds. j. In the discharge of its exercise of its powers as set forth herein, but subject to the limitations set forth herein,the Board may borrow funds on behalf of the Association. k. In addition to the duties and powers of the Association, as specified herein, and elsewhere in this Declaration, but subject to the provisions of this Declaration,the Association, acting through its Board,shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purposes of this Declaration. ARTICLE 4 ASSOCIATION BUDGET,ASSESSMENTS,AND LIENS 4.1 Owner's Covenant to Pay Assessments. By acceptance of a deed to a Lot or Dwelling, execution of a contract therefore, or any other means of acquisition of an Ownership interest,whether or not it shall be so expressed in any such deed or other instrument,the Owner thereof covenants and agrees thereby, '? on behalf of himself and his heirs,successors, and assigns,to pay the Association, in advance, all fees, and any general and special assessments levied as provided herein. 4.2 Association Budget. The Association shall prepare, or cause the preparation of, an operating budget for the Association at least annually,in accordance with sound accounting principles. The operating 0 budget shall set forth all sums required by the Association, as estimated by the Association,to meet its annual costs and expenses, including but in no way limited to all management and administration costs, including 0) charges for any services furnished by or to the Association,the cost of utilities and other services, and the cost of funding all reserves established by the Association,including,when appropriate, a general operating reserve. There shall be included in the Association budget a special maintenance fund or funds,the purpose of which shall be to maintain the Open Space. The funds required to meet the Association's annual expenses shall be raised from a general assessment against each Owner, Lot and Dwelling as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time, as it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association. 4.3 Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget,the Association shall by Association Action determine and levy in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the Association's operating budget divided by the sum of the number of existing Lots. The Association shall make reasonable efforts to determine the amount of the general assessment payable by each Owner for an assessment period at least 30 days in advance of the beginning of such period and shall at that time prepare a roster of the Owners and the general assessment allocated to each, which shall be kept in the office of the Association and shall be open to inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall be sent to each Owner; provided, however,that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof. The omission by the Association, before the expiration of any assessment period,to affix the amount of the general assessment for that or the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation to pay the general assessment, or any installment thereof, for that E:\VOAK\CLNT_A-C\CAMVEST\sTAAT_HT\CCLA.1 7 • or any subsequent assessment period, but the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Association of the operating budget during the assessment period for which the budget was prepared,the Association shall, if necessary, revise the general assessment levied against the Owners and give notice of the same in the same manner as the initial levy of a general assessment for an assessment period. 4.4 Payment of General Assessment. Upon Association Action, installments of general assessments may be collected on a monthly,quarterly,semi-annual, or annual basis. Any Owner may prepay one or more installments on any assessment levied by the Association without premium or penalty. 4.5 Non-Discriminatory Assessment. No assessment shall be made at any time which may unreasonably discriminate against any particular Owner or group of Owners in favor of other Owners. However, a special assessment, as defined in Section 4.7, may be made against a particular Owner by a two-thirds majority vote of the Board of Directors of the Association or other Association committee to which such oversight responsibility has been delegated or the general members in the Association, after notice from the Association has been given to the Owner thereof. 4.6 Certificates of Assessment Payment. Upon request, the Association shall furnish written certificates certifying the extent to which assessment payments on a specified Lot or Dwelling are paid and current to the date stated therein. Issuance of such certificate shall be conclusive evidence of payment of any assessments therein declared to have been paid. A reasonable charge may be made by the Association for the issuance of such certificate. 4.7 Special Assessments. In addition to the general assessments authorized by this Article,the Association may, by Association Action, levy a special assessment or assessments at any time against a particular Owner and existing Dwelling only,or generally to all Owners within the Subdivision, applicable to that year only, for such purpose as the Association may consider appropriate, which may include for purposes of C illustration only,assessments made by the Association for the repayment of debt or expenses incurred by the Association, while enforcing this Declaration, the general upkeep, maintenance and care of the facilities, including without limitation the installation, maintenance and upkeep of the entrance signs, which costs or (7) expenses have not been included in the general assessment of the Association, the construction, 0 reconstruction,repair or placement of any capital improvement, the removal of trash,debris or other unsightly 1,4 nuisance upon a Lot(s), including the general maintenance of yard work and upkeep of trees and shrubbery a) required of each Lot Owner, and the maintenance of the cul-de-sac islands as required by this Declaration. Provided,however,that any such assessment must have the prior favorable vote of a two-thirds majority vote of the Board of Directors of the Association, an Association Committee to which oversight responsibility has been delegated or the general members in the Association, after notice from the Association has been given to the Owner thereof. The amount of each Owner's special assessment for any year shall be the total special assessment for such year, divided by the sum of the number of Lots or existing Dwellings; and in specific instances, such special assessments may be assessed totally against a particular Lot Owner or specific Lot Owners. 4.8 Effective Non-Payment of Assessment. If any assessment is not made in full within thirty(30) days after it was first due and payable, the unpaid amounts shall constitute a lien against the Lot or Dwelling assessed and shall bear interest from such due date at a rate not to exceed the highest rate then permitted by law. By acceptance of a deed to a Lot or Dwelling, execution of a contract therefore, or any other means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each Owner shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the development of the Subdivision the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor of the Association by foreclosure of the continuing liens in the same form of action as is then provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the Association as a corporate entity,and the Association shall have the power to bid at any lien foreclosure sale and to acquire, hold, lease, mortgage, and convey the Lot or Dwelling foreclosed against. E:\WORK\CLNT_A-C\CAMWEST\S7R4T_HT\CCER.1 8 Each Owner does hereby waive to the extent of any liens created pursuant to this Article 4 the benefit of any homestead or exemption law. 4.9 Lien to Secure Payment of Assessments. Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot and Dwelling,to secure to the Association a payment to it of all assessments, interests, costs, and reasonable attorneys' fees; and Declarant hereby subjects all Lots and Dwellings perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without being a necessity of any further action by the Association if an Owner fails to pay all assessments, interest, costs, and reasonable attorneys'fees within sixty (60)days after the date of billing, and any such lien when created, shall be a security interest in the nature of a mortgage in favor of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment,but expiring pro rata as the assessment payments are made, and shall also be the personal obligation of the person or entity who is the Owner of the Lot or Dwelling at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors and interest unless expressly assumed by them;provided,however,that in the case of a sale or contract for the sale of any Lot or Dwelling which is charged with the payment of an assessment,the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for the amounts of the monthly installments due prior to said date,and the new Owner shall be personally liable for monthly installments becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments shall not, however, affect the validity or duration of the continuing lien for unpaid assessments against the respective Lot or Dwelling. 4.10 Suspension for Non-Payment of Assessment. If an Owner shall be in arrears in the payment of any assessment due, or shall otherwise be in default of the performance of any terms of the governing documents of the Association for a period of thirty (30) days, said Owner's voting rights shall without the necessity of any further action by the Association,be suspended(except as against foreclosing secured parties) and shall remain suspended until all payments, including interest thereon, are brought current and any other default is remedied. No Owner is relieved of the liability for assessments by abandonment of a Lot or Dwelling. 4.11 General Operating Reserve. As a common expense, the Association shall establish and maintain a reserve fund with a banking institution, the accounts of which are insured by any state or by any agency of the United States of America or, in the discretion of the Association, the funds may be invested in obligations of, or fully guaranteed as to principal by,the United States of America. The proportional interest of any Owner in any such reserves shall be considered an appurtenance of his/her Lot or Dwelling and shall not be separately withdrawn,assigned,or transferred,or otherwise separated from the Lot or Dwelling to which it appertains and shall be deemed to be transferred with such Lot or Dwelling. ARTICLE 5 USE COVENANTS, CONDITIONS AND RESTRICTIONS 5.1 Residential Use Only. No building or structure of any kind whatsoever other than a Dwelling shall be erected on a Lot, any such Dwelling shall be used for residential purposes only. No such Dwelling shall be erected, altered, placed or permitted to remain on a Lot except for one (1) detached single family Dwelling and permitted accessory buildings. Such single family Dwelling is not to exceed two stories in height (exclusive of daylight basements and dead crawl spaces). The Declarant reserves the right to place a temporary, "model home" or construction trailer(for a period not to exceed sixty(60) days after completion of all construction on the Subdivision, real estate sales office on a Lot until all Dwellings have been built and all Lots sold. 5.2 Garages. No Lot in the above-described Subdivision shall have a garage constructed on such Lot for more than three (3) cars, and any such garage must be erected as part of the Dwelling on the Lot, unless written approval is obtained from the Committee. 9 =:\VOAK\CLI:T_'-_,C:.MVEST\STRAT_h7\CCLA.7 • • 5.3 Construction Period. Once started the work of constructing,altering,repairing or reconstructing any structure or improvement on a Lot shall be diligently prosecuted until completion thereof and in any event the exterior of the structure shall be completed within six(6) months after the work first commences. 5.4 Accessory Buildings. Accessory buildings which are appurtenant to the use of an existing permanent residential building shall be permitted on a Lot. Permitted accessory buildings shall be limited to detached garages,greenhouses,playhouses,toolsheds,woodsheds, doghouses and gazebos. No permitted accessory building shall be placed on a Lot unless it has been first approved as to the design and location on the Lot by the Committee. The Committee may refuse to approve a permitted accessory building if in the exercise of the discretion of the Committee,the structure detracts from the general visual appearance of the neighborhood as seen from the streets. The location of a permitted accessory building other than garages shall be at a place which minimizes the visual impact and, as a general guideline, shall be in the side yard behind the front of the house or in the rear yard. The Committee shall not be bound by the guidelines, but may exercise its discretion in that respect. 5.5 Set Backs. No building or structure shall be located between: (i) The Lot line, boundary line of a Tract or centerline of an easement closest to a building setback line shown on the Plat; and (ii) the building setback line. All structures and improvements shall comply with the applicable laws, codes, rules and regulations of the City of Renton, King County, and the State of Washington, as amended from time to time, relating to setback requirements; provided that nothing herein shall require removal of a building which was originally placed in conformity with such Code ordinance because of change in the Code. 5.6 Antennas. No exterior aerials,antennas or microwave receivers (dishes) for television or other purposes shall be permitted on any Lot. No lines or 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 buildings of a Lot, unless the lines and wires shall be underground attached to a building. GID 5.7 Storage. No goods,equipment,vehicles(including busses, boats, motor homes, and trailers C.) of any description) or materials or supplies which are intended for use for nonbusiness purposes or in Id' connection with any trade, business or service wherever the same may be conducted, shall be kept, stored, ,r,4 dismantled or repaired outside of any building or approved fence or permitted accessory building on any Lot. r, or on the street adjacent to a Lot. 5.8 Firearms and Related Activity. No firearms, whether for hunting or target practice, shall be a') discharged in the Subdivision. 5.9 Approval of Building or Clearing Plans Required. No Dwelling, residence, garage, building, fence,wall or other structure shall be constructed, commenced, erected or maintained upon a Lot, nor shall any exterior addition to or change or alteration therein be made, nor shall a Lot be cleared or excavated for use, nor shall any evergreen tree be cut, until after the details and written plans and specifications showing the nature of the construction,work,landscaping or excavation,the kind,shape, height, materials to be used, colors and location of the same shall be submitted with the applicable fee to, and required to be approved in writing by the Committee, as to the harmony of external design and location in relation to surrounding structures, vegetation and topography. If the Committee fails to act on a Lot Owner's application within thirty(30) days the application shall be deemed to be approved, but the failure to act by the Committee will in no way prohibit or limit the authority of the Committee, the Association or any Lot Owner's right to enforce the covenants, conditions and restrictions of this Declaration. 5.10 No Subdivision of Lot(s). No Owner of any Lot(s)shall be allowed to further subdivide any Lot as shown on the Subdivision's recorded plat. 5.11 Nuisance Prohibited. No noxious or offensive activity shall be conducted on any Lot, or within or outside any Dwelling, nor shall anything be done or maintained by an Owner which is in derogation of the laws of the State of Washington ,King County,the City of Renton, or any other applicable governmental entity. E:\YORK\CLhT A-C\CAMtEST\STRAT_4T\CCiR.: 10 • Nothing shall be done or maintained on any Lot or within any Dwelling which may be or may become an annoyance or nuisance to the neighborhood or other Owners within the Subdivision or other activity which may or does detract from the value of the Subdivision. In no way shall an Owner use his or her Lot in a way which unreasonably interferes with the rights of the other Owners use and enjoyment of their respective Lots. 5.12 Temporary Structures Prohibited. No structure of temporary character, mobile home, house trailer, tent, shack, basement, barn or campers shall at any time be used as a residence temporarily or permanently. Additionally,no mobile home,house trailer, recreational trailers, campers, boats or boat trailers, junk vehicles,or other similar machinery or equipment of any kind or character, shall be allowed to be stored upon any Lot. 5.13 Garbage. No garbage,refuse,or rubbish shall be deposited or left on any Lot, unless placed in a suitable covered container. Trash and garbage containers shall not be permitted to remain in public view except on days of trash collection. No incinerator shall be kept or maintained, and no burning of any trash, refuse, or scrap of any kind shall be permitted. 5.14 Pets or Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept; provided,however,that dogs,cats, or other r conventional domestic household pets may be kept if they are not kept, bred, or maintained for any commercial purposes. No domestic pet may be kept if it is a source of annoyance or nuisance. Pets shall be attended at all times and shall be registered, licensed, and inoculated from time to time as required by law. Any fences constructed to confine such animals shall meet the requirements of sections 5.4 and 5.16 as well as any other applicable section for the erection of any fence or structure. 5.15 Prohibition Against Signs. Except for entrance, street, directional,traffic control, and safety Cr) signs,and such promotional signs as may be maintained by Declarant, or agents or contractors thereof, or the Association, no signs or advertising devices of any character shall be erected, posted, or displayed � Lot withinp yed upon any the Subdivision;provided,however,that one temporary real estate sign not exceeding six square feet gle in area may be erected upon any Lot for the sale of such Lot or Dwelling. Any such temporary real estate sign shall be removed promptly following the sale of such Lot or Dwelling. 0 5.16 Fences. No fence,wall, hedge or mass planting higher than three (3) feet in height shall be permitted to extend nearer to any street than the minimum setback lines as set forth in section 5.5 above, and all fencing shall be built in accordance with the materials and dimensions as required by the Committee. No fence,wall, hedge or mass planting shall at any time,where permitted, extend higher than six feet above the ground. 5.17 Water Wells and Septic Tanks. There shall be no water wells or septic tanks on Lots. Owners shall be required at all times to connect their Dwellings to the public water and sewer facilities serving the Subdivision, and at all times to maintain such facilities in good working order and repair. 5.18 Mining and Exploration Prohibited. No portion of the Subdivision or any Lot thereof shall be used for the purpose of boring, mining, quarrying, or exploring for or removing oil or other hydrocarbons, minerals, gravel, precious metals or earth. 5.19 Basketball Goals and Other Recreational Fixtures. Basketball goals and other recreational foctures shall be permitted to be constructed on a Lot or affixed to any Dwelling, if it reasonably conforms to the general scheme of the Subdivision. 5.20 Construction of Significant Recreation Facilities. The construction of any significant recreational facilities on any Lot including, but no limited to, such items as swimming pools, tennis, badminton, or pickle ball courts shall require the approval of the Committee and shall be subject to the requirements adopted by the Committee. E:\WORK\CLNT_A-C\CAMVEST\STRAT_HT\CC&R.i 11 5.21 Maintenance of Lots. Each Owner,at said Owner's sole cost and expense, shall promptly and continuously maintain,repair and restore said Owner's Lot(including the yard and landscaping) and Home and other improvements located thereon,and also such other areas as may be required pursuant to Sections 3.10.6 and 3.10.7, in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable governmental laws, rules and regulations and the provisions of this Declaration and the rules and regulations of the Association. 5.22 Rental Lots. a. With respect to the leasing, renting, or creation of any kind of tenancy of a Lot and improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than the entire Lot or improvements thereon,or(with the exception of a lender in possession of a Lot and improvements 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) for a term of less than thirty (30) days; and all leasing or rental agreements shall be in writing and be subject to the Declaration on and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws constituting a default under the lease or rental agreement). b. If a Lot or Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board,so much of the rent for such 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 light to question payment over to the Board, and such payment will discharge the lessee's or renters duty of payment to the Owner for rent,to the extent such rent is paid to the Association, but will not discharge the liability of the Owner, and the Lot or Home under this Declaration for assessments and charges,or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been appointed� pp d wrth 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 herein there are no restrictions on the right of ch any Owner to lease or otherwise rent his Home. 5.23 Business Use. No business of any kind shall be conducted on any Lot with the exception of 14 (a)the business of Declarant in developing and selling all of the Lots and (b) such home occupation which may en be permitted by the appropriate local govemment and which is not otherwise in violation of the provisions of this CZ Declaration. 5.24 Exterior Finish. The exterior or each residence shall be designed, built and maintained in such a manner as to blend in with the natural surroundings, existing structures and landscaping of the Project. All exterior materials and all exterior colors must be approved by the Committee in accordance with the provisions of this Article. Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structures they adjoin. 5.25 Landscaping. All cleared areas in front of building line to the street shall be fully landscaped within 30 days depending on weather conditions, of the time when house is ready for occupancy. Owner shall install or have installed within 6 months of occupancy the balance of all landscaping unless a time longer is approved by the Committee. The general plan for all of such landscaping must be approved in advance by the Committee. 5.26 Clothes Lines, Other Structures. No clothes lines of other structures of a similar nature shall be visible from front street. E:\WORX\CLNT_A-C\CAMWEST\STRATJET\CCOLI 12 • . ARTICLE 6 EASEMENTS AND OPEN SPACE 6.1 Easements. Easements for construction, repair, replacement, reconstruction and maintenance of utilities and drainage facilities and of a system of street lights with appurtenances are here created and established over,across and under the fifteen(15)feet in width of the portion of each Lot abutting a street,the two and one-half(2'.4)feet in width of the portion of each Lot ab Lot,five(5)feet in width on the portion of each Lot abuttin utti aline common with another g the rear the areas shownas"Storm Easement"on the plat Nosthrcture' planting or ether material which may damage property line and for drainage facilities in or interfere with the installation and maintenance of flow of drainage channels in the easements,or whichortac+lr6es'or which may change the direction of drainage channels in the easements,shall be placed or may obstruct or retard the flow of water through the The portion of these easements on each Lot shall be maintained ed to the Ownremain er of thin e Loof ,these except rhoeasements. improvements within the easements the maintenance for which a for those Association is responsible. The areas shown as "San' Sewer Easement" nt"authority,nutility company aort the easementscreated for the benefit of the municipality whichEsani ary se r ery fern of the Plat are purpose of inappurtenances.stalling, maintaining,repairing, reconstructing providesnd replacing a��r service it the Lots for the The areas shown as"Water system of sanitary services for withh benefit of the municipality which Easement"on the face of the Plat are easements created the provides domestic water service to the Lols for the purpose of installing, maintaining,repairing,reconstructing and repiapng a system of water and equipment. The other easements established herebyVis'valva,C it of th ors,appurtenances public utilities furnishingutilities are created for the benefit of the munidpalrb'es and and for the benefit of the Association. 6.2 Facilities. As used herein,the term facilities Association shall always have the rant y to maintain the platdrainagefaciliteese aun drainage fatalities are 0) deeded or sold to a government agency that assumes the maintenance responsibility. Gri (7) ARTICLE 7 O UMITATiON OF LIABILITY cr 7.1 No Personal Liability. So long as a Board member, O Assoaiatian officer,or Declarant exercising the Association committee member, g powers of the Board,has acted In good faith,without willful or intentional misconduct, upon the basis of such information as person shatl be personally liable to anymay be by such or oshat suffered or claimedlon aOwner,ef or other party,including person, ge oss ding the Association,for any damage,loss any discretionary decision,or failure to make a omission,error,negligence personins(except gross negligence), discretionaryd capacity,PROVIDED,that this section shall not apply evasion,by such in such person's official negligence are covered by insurance or bonds ed by the consequences of such act, omission,error or rd. 72 Indemnification of Board Members. Each Board member or or Association Officer. or Declarant axe Association committee member, shall be indemnified by the A the pore of the Board and their respective heirs and reasonably incurred by or imposed in connection with aandagainst all expenses Iiaaiities,inducting attorneys'y,orinwhich he may become involved,by reason of being or �proceeding to which he may.be a party,or in which are incurred,=apt in such cases such�such position at the time such expenses or liabilities are Inc ire or a knowing violation of law wherein the person is adjudged guilty of intentional misconduct,or gross person has participated in a transaction from hof his duties,and except in such cases where such property,or services to which said person is not legallyperson will personally receive a benefit in money, the indemnification entitled:PROVIDED,that,in the event of a settlement, rfcation shall apply only when the Board a in the best interest of the �°�suchse�amerit and reimbursement as being obi' ate the Association. Nothing contained in this Section 82 shall, however, be deemed to '9 Association to indemnify any Member or Owner of a Lot who is or has been a Board member or officer of the Association with respect to any duties or obligations assumed or liabilities incurred by him under and by virtue of the Declaration as a Member or Owner of a Lot covered thereby. c:Nwaz»A-c, m1s rAAr_xst ccs&.: 13 • • • ARTICLE 8 MORTGAGEE PROTECTION 8.1 Priority of Mortgages. Notwithstanding all other provisions hereof,the liens created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in favor of any assessing unit and/or special district and be subject to the rights of the secured party in the case of any indebtedness secured by first lien Mortgages which were made in good faith and for value upon the Lot. Where the Mortgagee of a Lot,or other purchaser of a Lot,obtains possession of a Lot as a result of Mortgage foreclosure or deed in lieu thereof, such possessor and his successors and assigns,shall not be liable for the share of any assessment by the Association chargeable to such Lot which becomes due prior to such possession, but will be liable for any assessment accruing after such possession. Such unpaid share of common expenses or assessments shall be deemed to be common expenses collectible from all of the Lot Owners including such possessor, his successor and assigns. For the purpose of this section,the terms"mortgage"and "mortgagee"shall not mean a real estate contract or the vendor,or the designee of a vendor thereunder, or a mortgage or deed of trust(or mortgagee or beneficiary thereunder)securing a deferred purchase price balance owed with respect to a sale by in individual Lot Owner other than Declarant. 8.2 Right of Lien Holder. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge Mortgage made in good faith and for value on any Lot; provided, however,that any subsequent Owner of the Lot shall be bound by these provisions whether such Owner's title was acquired by foreclosure or trustee's sale or otherwise. 8.3 Copies of Notices. If the first Mortgagee of any Lot has so requested the Association in writing, the Association shall give written notice to such first Mortgagee that an Owner/mortgagor of a Lot has for more than sixty(60)days failed to meet any obligation under this Declaration. Any first Mortgagee shall, upon written request, also be entitled to receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. tot 8.4 Furnishing of Documents. The Association shall make available to prospective purchasers, ,r+ Mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws, and other 0 rules governing the Project, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared. Lt") ARTICLE 9 DURATION AND BINDING EFFECT. All of the covenants,conditions and restrictions set forth in this Declaration shall run with and bind the land for a period of sixty(60)years from the time of recordation of this Declaration. Every Owner by accepting a deed to a Lot(s), accepts the same subject to the covenants, conditions and restrictions, and the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs, successors, and assigns, to be bound by each of the covenants, conditions,and restrictions jointly, separately and severally. The covenants, conditions and restrictions shall automatically extend for successive periods of ten (10)years, unless a two-thirds majority of the then Owners within the Subdivision,the Association, its members, or its board of directors have recorded an instrument,which amends or terminates this Declaration. ARTICLE 10 WHO MAY ENFORCE The restrictions set forth in this Declaration shall operate as covenants, conditions and restrictions running with the land for the benefit of any and all persons who now may own, or who may hereafter own, a Lot(s) in Stratford Heights Subdivision, and such persons are specifically given the right to enforce these restrictions through any proceedings, at law or in equity, against any person or persons violating or threatening to violate E:,:OR}:\.;,NT_A-C\CAYVESi\5'RA^ H'i C..f h.: 14 or circumvent any restriction, or covenant either to restrain violation or to recover any damages suffered by them for violations of such covenant or restriction. Additionally,the Committee and the Association shall have the authority to enforce any or all of these restrictions through any proceedings, at law or in equity, against any person or persons violating, circumventing or threatening to violate such restrictions, and to restrain violation or to recover damages caused by the violations of such covenant or restrictions. ARTICLE 11 SEVERABILITY It is expressly understood and agreed that if any covenant, condition or restriction contained in this Declaration, or any portion of any such covenant, condition or restriction,is held by a court of competent jurisdiction to be unenforceable,illegal,invalid or void for any reason such judgment shall in no way affect any other covenant, condition, restriction or provision contained in this Declaration which are declared to be severable and which shall remain in full force and effect. ARTICLE 12 APPLICABLE LAW This Declaration shall be construed in all respects under the laws of the State of Washington. ARTICLE 13 CONFLICT Vla In the event of any conflict between this Declaration and the the Bylaws of the Association, the terms of this Declaration will control. ARTICLE 14 AMENDMENT 01) This Declaration may not be amended except in accordance with the Bylaws for the Association, provided that. in no event shall any portion of this Declaration which is required by King County be modified by the Association without the written consent of King County. IN WITNESS WHEREOF,the undersigned Declarant has executed this Declaration this 31 day of August, 1995. DECLARANT: CAMWEST DEVELOPMENT, INC., a Washington corporation its: E: 7_A-C\CAHVES'•,ST RAT_}{-\CC&n.: 15 1 STATE OF WASHINGTON ) :ss. County of King ) I certify that I know or have satisfactory evidence that the person appearing before me and making this acknowledgment is the person whose true signature appears on this document. On this 31 S dayof lye' o.ws4' , 1.989, before me personally appeared &toi pbeit , to me known to be he Pt- s48,.-,4- of Camwest Development, Inc., a Washington corporation, who executed the within and foregoing instrument, and 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/she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. WITNESS my hand and seal hereto affixed the day and year first above written. ����� 11111111111//8i1,�� Notary Pub' in and for the •.... A9 �., State of Washington, residing W �� Nt�y:•�� at J -kla d. ��APRfl A'� My commission expires y-/U-9q '- k ` _:woRKACIA_.-i,CAMiES SSTRAT_ar\CCIA.1 16 i EXHIBIT A LEGAL DESCRIPTION -UTRAITORD iti J.UifITS LEGAL DESCRIPTION: THE SOUTH 1/2 OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 5 EAST W.M. ; EXCEPT THE EAST 248 FEET THEREOF; AND EXCEPT THE WEST 100 FEET THEREOF; AND EXCEPT THAT PORTION THEREOF LYING WITHIN S.E. 106TH STREET RIGHT-OF-WAY; SITUATE IN THE CITY OF RENTON, COUNTY OF KING, STATE OF WASHINGTON. C, C, C cr 11 CD 0) 17