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AFTER RECORDING RETURN TO: COI.TRIESY RECORDING ONLY.... �'ry
NOLIA$u.li'Y FOR VALIDri-AND/OR a'
JAMES C. MIDDLEBROOKS ACCURACY ASSUMED BY HRST AMERICAN
ATTORNEY AT LAW 7TILI;INSURANCE COWAN Y
2313 Viewmont Way West ,
Seattle, Washington 98199 FP-95-005
(206) 286-1355
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MASTER DECLARATION OF
COVENANTS, CONDITIONS AND RESTRICTIONS
OF
THE ORCHARDS
•
1 t
MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF THE ORCHARDS
KING COUNTY, WASHINGTON
TABLE OF CONTENTS
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION . 6
RECITALS 1 5.1 Administration of the Development 6
5.2 Management by Declarant 7
ARTICLE 1 5.3 Management by Elected Board of Directors 7
INTERPRETATION 1 5.4 Authority and Duties of the Board 7
1.1 Liberal Construction 2 5.4.1 Assessments 7
1.2 Covenant Running with Land 2 5.4.2 Service 7
1.3 Declarant is Original Owner 2 5.4.3 Utilities 7
1.4 Captions 2 5.4.4 Insurance 7
1.5 Definitions 2 5.4.5 Common Area Maintenance and Repair 8
1.5.2 "Assessments" 2 5.4.7 Maintenance of Rights of Way, etc. . . 8
1.5.3 "Association" 2 5.4.8 Fences, etc. 8
1.5.4 "Board" 2 5.4.9- Lot and Lot Improvement Maintenance 8
1.5.5 "Builder 2 5.4.10 Lien/Encumbrance 8
1.5.6 "Common Area" 2 5.4.11 Enforce Master Declaration 8
1.5.7 "Common Expenses" 2 5.4.12 Contracting/Payment for Materials, etc 9
1.5.8 "Common Expense Percentage" 2 5.4.13 Attorney-in-Fact 9
1.5.11 "Declarant" 3 5.4.14 Borrowing of Funds 9
1.5.12 "Home" 3 5.4.15 Adoption of Rules and Regulation . . . 9
1.5.13 "Home Expense" 3 5.4.16 Additional Powers of Association . . . . 9
1.5.14 "Lot" 3
1.5.15 "Master Declaration" 3 ARTICLE 6
1.5.16 "Mortgage" 3 ARCHITECTURAL CONTROL . . . . 9
1.5.17 "Mortgagee" 3 6.1 Construction and Exterior Alteration/Repair 9
1.5.19 "Owner" 4 6.2 Sales Facilities of Declarant and Builders . . 11
1.5.20 "Person" 4
1.5.21 "Property," "Project," or "Premises" 4 ARTICLE 7
1.5.22 "Plat Map" 4 OWNERS USE/MAINTENANCE OBLIGATION 11
1.6 Percentage of Mortgagees. 4 7.1 Maintenance of Lot or Homes. 11
1.7 Percentage of Owners. 4 7.2 Residential Use 11
7.3 Restriction on Further Subdivision 12
ARTICLE 2 7.4 Rental Lot or Homes 12
OWNERSHIP OF COMMON AREAS . . 4 7.5 Zoning Regulations 12
7.6 Business Use 12
ARTICLE 3 7.7 Building Setback Requirements 13
OWNER'S PROPERTY RIGHTS . . . . 4 7.8 Oil and Mining Operations 13
3.1 Owners' Easements of Enjoyment 4 7.9 Catch Basin. 13
3.2 Delegation of Use 5 7.10 Lot Size xn 13
7.11 Garages -.. 13
ARTICLE 4 7.12 Square Footage 13
OWNERS' ASSOCIATION 5 7.13 Mobile or Manufactured Housing 13
4.1 Establishment 5 7.14 Driveway Standards 13
4.2 Form of Association 5 7.15 Parking 13
4.3 Membership 5 7.16 Roof 14
4.3.1 Qualification 5 7.17 Exterior Finish 14
4.3.2 Transfer of Membership 6 7.18 Utilities 14
4.4 Voting 6 7.19 Antenna 14
4.4.1 Classes of Voting Membership 6 7.20 Fencing 14 _
4.4.2 Termination of Class B Membership. . 6 7.21 Fireplace Chimneys 14
4.4.3 Combining Class A and B Votes. . . . . 6 7.22 Garbage and Refuse 14
4.5 Bylaws of Association 6 7.23 Games and Play Structures 14
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7.24 Significant Recreation Facilities 14 11.4 Miscellaneous. 22
7.25 Pets. 14 11.5 Copies of Notices 22
7.26 Landscaping 15 11.6 Furnishing of Documents 23
7.27 Signs. 15
7.28 Temporary Structures 15 ARTICLE 12
7.29 Completion of Construction 15 EASEMENTS 23
7.31 Use During Construction 15 12.1 Association Functions 23
7.32 Excavations 15 12.2 Easements Over Common Areas 23
7.33 Nuisances 15 12.3 Access to Public Streets 23
7.34 Clothes Lines, Other Structures 16 12.4 Utility Easements 23
7.35 Common Drives 16 12.5 Project Entry Signs 23
7.36 Governmentally Required Maintenance, etc 16
ARTICLE 13
ARTICLE 8 TERM OF MASTER DECLARATION 23
COMMON EXPENSES AND ASSESSMENTS 16 13.1 Duration of Covenants. 23
8.1 Assessment Lien/Personal Obligation. . . . 16 13.2 Abandonment of Subdivision Status. 24
8.2 Uniform Rate. 16
8.2.1 Common Expenses 16 ARTICLE 14
8.2.2 Special Charges to Owner. 17 AMENDMENT OF MASTER DECLARATION/PLAN1
8.2.3 No Exemption. 17 14.1 Master Declaration Amendment 24
8.3 Association Budget 17 14.2 Plat Map 24
8.4 Manner and Time of Payment 17 14.3 Conform to Construction 25
8.5 Accounts 17 14.4 Conform to Lending Institution Guidelines 25
8.6 Lien 17 14.5 Declarant Powers. 25
8.7 Waiver of Lot or Homestead 17 14.6 Amendments Affecting Special Rights . . 25
8.8 Continuing Liability for Assessments 17
8.9 Records; Financial Statements 18 ARTICLE 15
8.10 Certificate of Assessment 18 INSURANCE 25
8.11 Lien Foreclosure; Attorneys' Fees 18
8.12 Curing of Default 18 ARTICLE 16
8.13 Payment by Owners 18 DAMAGE OR DESTRUCTION . . . . 25
8.14 Omission of Assessment 19 16.1 Common Areas 25
8.15 Notice of Creation of Assessment Lien . . 19 16.2 Lot or Homes 26
8.16 Assessment/Working Capital Deposit. . . 19
8.17 Exempt Property 19 ARTICLE 17
8.18 Effect of Legal Proceedings 20 ANNEXATION AND WITHDRAWAL . . 26
8.19 Commencement of Assessments. 20 17.1 Annexation by Declarant. 26
17.2 Non Declarant Annexations 26
ARTICLE 9 17.3 Common Areas Within Divisions 26
COMPLIANCE WITH MASTER DECLARATION20
9.1 Enforcement 20 ARTICLE 18
9.1.1 Compliance of Owner 20 MISCELLANEOUS 26
9.1.2 Compliance of Lessee 20 18.1 Delivery of Notices and Documents . . . . 26
9.1.3 Attorneys' Fees 21 18.2 Conveyances; Notice Required 27
9.2 No Waiver of Strict Performance 21 18.3 Successor and Assigns 27
9.3 Right of Entry 21 18.4 Joint and Several Liability 27
9.4 Remedies Cumulative 21 18.5 Mortgagee's Acceptance 27
18.5.1 Priority of Mortgage 27
ARTICLE 10 18.5.2 Acceptance Upon First Conveyance . 27
LIMITATION OF LIABILITY 21 18.6 Severability 27
10.1 No Personal Liability 21 18.7 Effective Date 27
10.2 Indemnification of Board Members . . . . 21 18.8 Governmental Right of Access 28
18.9 Assessments Benefiting Some Lots or
ARTICLE 11 - Homes. 28
MORTGAGEE PROTECTION 22
11.2 Effect of Master Declaration Amendments 22
11.3 Right of Lien Holder 22
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MASTER DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
THE ORCHARDS
KING COUNTY, WASHINGTON
THIS Master Declaration is made this day of , 1995,by the undersigned,hereinafter
referred to as "Declarant."
RECITALS
A. Declarant owns certain real property located within the State of Washington, which property and
improvements are commonly known as The Orchards, and is located on land more particularly described
in Exhibit A attached hereto and incorporated herein.
B. The Orchards is a planned residential development being developed by Declarant and others in
accordance with a plan adopted or to be adopted, and thereafter further revised and supplemented, by
the local government having jurisdiction over the property.
C. The Orchards will include a variety of residential dwelling types including attached and detached
single family dwellings, condominiums and multi-family residential structures. The Orchard will also
include permanent open space and other common facilities and areas.
D. The Orchards will be developed in multiple phases over several years in accordance with this
Master Declaration and the governmentally approved development plan.
E. Various segments of The Orchards may also be governed by additional covenants, conditions and
restrictions (and be administered by an owners association) applicable only to a particular segment.
F. All Common Areas of the Project are to be shown on the Plat Maps recorded in conjunction with,
and/or described in, this Master Declaration.
G. For the benefit and protection of the Project, to enhance its value and attractiveness, and as an
inducement to lenders and investors to make and purchase loans secured by Homes and Lots within the
Project, Declarant agrees to provide herein for a method of use and architectural control within the
Project.
NOW, THEREFORE, Declarant hereby declares that the Property, Homes and Lots described herein
shall be held, conveyed, encumbered, leased, rented, used, occupied and improved subject to the
following uniform covenants, conditions, restrictions, reservations, grants of easement, rights, rights-of-
way, liens, charges and equitable servitudes.
Any conveyance, transfer, sale, assignment, lease or sublease of a Home or Lot in the Project, shall
and hereby is deemed to incorporate by reference all provisions of this Master Declaration. The
provisions of this Master Declaration shall be enforceable by Declarant, any Lot or Home Owner, the
Association, and any first mortgagee of any Home or Lot.
ARTICLE 1
INTERPRETATION
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1.1 Liberal Construction. The provisions of this Master Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the operation and maintenance of the Project.
1.2 Covenant Running with Land. It is intended that this Master Declaration shall be operative as a
set of covenants running with the land, or equitable servitudes, binding on Declarant, its successors and
assigns, all subsequent owners of the Property, together with their grantees, successors, heirs,
executors, administrators, devisees or assigns.
1.3 Declarant is Original Owner. Declarant is the original Owner of all of the Property (and all
Homes and Lots located thereon) and will continue to be deemed the Owner thereof except as
conveyances or documents changing such ownership regarding specifically described Homes or Lots are
filed of record.
1.4 Captions. Captions given to the various articles and sections herein are for convenience only and
are not intended to modify or affect the meaning of any of the substantive provisions hereof.
1.5 Definitions.
1.5.1 "ACC" shall mean the Architectural Control Committee for The Orchards.
1.5.2 "Assessments" shall mean the regular and special assessments which the Association may levy
against Lots pursuant to the provisions of this Master Declaration to pay Common Expenses and Home
Expenses.
1.5.3 "Association" shall mean the association of Home Owners provided for in Article 4 and its
successors and assigns.
1.5.4 "Board" shall mean the Board of Directors of the Association provided for in Article 5.
1.5.5 "Builder" shall mean a person or entity who acquires title to one or more Lots for the
purpose of, in the ordinary course of business, of constructing Homes for resale.
1.5.6 "Common Area" shall mean all real property (including the improvements thereto) owned
by the Association for the common use and enjoyment of the Owners and shall include all Common
Area described on the Plat Map or in this Master Declaration, or in amendments thereto, or otherwise
obtained or maintained by the Association as Common Area.
1.5.7 "Common Expenses" shall mean those expenses incurred by the Association and paid by
Assessments levied against Lots. Common Expenses shall not include Home Expenses.
1.5.8 "Common Expense Percentage" shall mean the portion of the Common Expenses which each
Lot must pay. The Common Expense Percentage shall be determined in accordance with this Section.
The following Lots will be subject to assessment: (a) all Lots then within the Project on which
Completed Homes have been constructed; and (b) all Lots then within the Project without Completed
Homes, except those owned by Declarant. The Common Expense Percentage for each Lot subject to
assessment shall be a fraction, the numerator of which is the total number of Homes that applicable law
would permit to be constructed on the Lot, and the denominator of which is the total number of Homes
that applicable law would permit to be constructed within the Project. If any Lot is improved with a
non-residential structure or structures, the Common Expense Percentage of such Lot shall be determined
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as follows: (a) the average square foot area of Homes (excluding detached accessory structures) then
within the Project shall be determined; such average Home square footage shall be divided into the
square foot area of the non-residential structure or structures, with the result being rounded off to the
nearest whole number; such rounded off result shall be deemed to be the number of "Homes" for that
Lot for purposes of determining such Lot's share of Association Common Expenses and Votes.
1.5.9 "Completed" or "Completed Home" shall mean a Home for which a certificate of occupancy
has been issued by the governmental entity having jurisdiction.
1.5.10 "Condominium Home" shall mean a Home located in a condominium created by the
recording of a declaration and survey map and plans pursuant to the Washington Condominium Act,
RCW Chapter 64.34.
1.5.11 "Declarant" shall mean the undersigned (being the sole Owner of the real property
described in said Exhibit A hereof) and its successors and assigns if such successors or assigns should
acquire more than one undeveloped Lot from the Declarant for the purpose of development and by
written instrument in recordable form be specifically assigned the rights and duties of Declarant. It is
understood that Declarant may assign all or any of Declarant's rights to a successor declarant as to the
property conveyed to such successor and retain the Declarant's rights as to the property still owned by
Declarant.
1.5.12 "Home" shall mean and refer to any structure, or portion of a structure, located on or
within a Lot, which structure is designed and intended for use and occupancy as a residence. A "Home"
shall include: a single-family detached dwelling located on a Lot; a single-family attached dwelling
located on a Lot; a Condominium Home; and a single-family dwelling unit located in a Multi-Family
Building.
1.5.13 "Home Expense" shall mean those expenses incurred by the Association solely relating to
or benefiting Homes (and not Common Areas).
1.5.14 "Lot" shall mean and refer to any legally segmented and alienable portion of the Property,
which is created through subdivision, short subdivision, or any other legal process for dividing
ownership of land, excluding Common Areas. Ownership of a Lot shall include ownership of the Home
and improvements now or hereafter constructed on or within such Lot. "Lot" shall not include any land
now or hereafter owned by the Association, or by two or more of the Lot Owners as tenants-in-
common, nor include any land shown on the Plat Map but dedicated to the public or to a governmental
entity or to any other non-profit organization.
1.5.15 "Master Declaration" shall mean this declaration and any amendments thereto.
1.5.16 "Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a
Lot or Home and shall also mean a real estate contract for the sale of a Lot or Home.
1.5.17 "Mortgagee" shall mean the beneficial owner, or the designee of the beneficial owner, of
an encumbrance on a Lot or Home 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 or Home.
1.5.18 "Multi-Family Building" shall mean a building on one or more Lots owned by a person
or entity, consisting of two or more attached residential Homes under one roof, but excluding a building-
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containing Condominium Homes.
1.5.19 "Owner" shall mean and refer to the record owner, whether one or more persons or
entities, of a fee simple title to any Lot which is a part of the Property, and, except as may be otherwise
expressly provided herein, shall, in the case of a Lot which has been sold pursuant to a real estate
contract, include any person of record holding a vendee's interest under such real estate contract, to the
exclusion of the vendor thereunder. Any person or entity having such an interest merely as security for
the performance of an obligation shall not be considered an owner.
1.5.20 "Person" shall include natural persons,partnerships, corporations, associations and personal
representatives.
1.5.21 "Property," "Project," or "Premises" shall mean the real estate described in Exhibit A and
all improvements and structures thereon, including such additions thereto as may hereafter be brought
within the jurisdiction of the Association.
1.5.22 "Plat Map" shall mean the Plat Maps recorded in conjunction with this Master Declaration,
which Plat Maps depict the layout of the Lots on the Property.
1.6 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 or Home on which it holds a mortgage that constitutes a first lien on said Lot or Home.
1.7 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 or
Home owned.
ARTICLE 2
OWNERSHIP OF COMMON AREAS
The Common Areas, within the Property and referred to in Section 1.5.6, are hereby conveyed to the
Association. The Common Areas, if any, within any subsequent or precedent phase(s) will be deemed
to be conveyed to the Association upon the recording of an amendment to this Master Declaration
incorporating such phase within the Project and will be depicted on the Plat Map, and/or in the Master
Declaration amendment, recorded in conjunction with such phase. The Common Areas shall exclude
those portions of common areas (and improvements thereto) which have been or may hereafter be, dedi-
cated to and owned by a governmental entity. The Common Areas shall for all purposes be under the
control, management and administration of the Declarant until all Class B membership terminates, and
under the control, management and administration of the Association thereafter. The Association (and
the Owners who are members thereof) have the responsibility and obligation to maintain, repair and
administer the Common Areas in a clean, attractive, sanitary and safe condition and in full compliance
with applicable governmental laws, rules and regulations and the provisions of this Master Declaration.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owners' Easements of Enjoyment. Every Owner shall have a non-exclusive right and easement,
in common with all Owners, of enjoyment in and to the Common Area which shall be appurtenant to
and shall pass with the title to every Home, subject to the following provisions:
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3.1.1 The right of the Association to limit access to those portions of the Common Areas, which
in the opinion of the Board are dangerous, environmentally sensitive or are otherwise inappropriate for
active usage.
3.1.2 The right of the Association to suspend the voting rights and right to use of the Common
Areas by an Owner for: any period during which any assessment against his Lot or Home remains
unpaid; and for a period not to exceed sixty (60) days for any infraction of its published rules and
regulations. Until all Class B membership terminates, the Association shall be required to exercise its
right to suspend the voting rights of, and the right to the use of the recreational facilities by, a member
for non-payment of an assessment, upon the request of the Declarant.
3.1.3 The rights of the Association: (a) to grant easements as provided in Article 12; and (b) to
dedicate or transfer all or any part of the Common Area to any public agency, authority, or utility for
such purposes and subject to such conditions as may be agreed to by the members of the Association.
No such dedication or transfer shall be effective unless approved by Owners having a majority of the
voting power in the Association, and the provisions of Article 14 hereof have been observed.
3.1.4 The right of the Association to limit the number of guests of members;
3.1.5 The right of the Association, in accordance with this Master Declaration and its Articles and
Bylaws, to borrow money for the purpose of improving the Common Area and facilities and in aid
thereof to mortgage said property, but the rights of such mortgagee in said property shall be subordinate
to the rights of the Owners hereunder and subject to the provisions of Section 11.1.
Until all Class B membership terminates, the exercise of all of the rights and powers set forth in
subsections 3.1.2, 3.1.3, 3.1.4, and 3.1.5 shall require the prior written approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the Bylaws), his right of
enjoyment to the Common Area and facilities to the members of his family, or his tenants or contract
purchasers who reside on the Property, and (subject to regulation by the Association) to his temporary
guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called The Orchards HOMEOWNERS'
ASSOCIATION (referred to hereinafter as the "Association").
4.2 Form of Association. The Association shall be a nonprofit corporation formed and operated
pursuant to Title 24, Revised Code of Washington. In the event of any conflict between this Master
Declaration and the Articles of Incorporation for such nonprofit corporation, the provisions of this
Master Declaration shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot or Home in the Project (including Declarant) shall be
a member of the Association and shall be entitled to one membership for each Lot or Home so owned.
Ownership of a Lot or Home shall be the sole qualification for membership in the Association.
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4.3.2 Transfer of Membership. The Association membership of each Owner (including Declarant)
shall be appurtenant to the Lot giving rise to such membership, and shall not be assigned, conveyed,
pledged or alienated in any way except upon the transfer of title to said Lot and then only to the
transferee of title to such Lot. Any attempt to make a prohibited transfer shall be void. Any transfer
of title to a Lot shall operate automatically to transfer the membership in the Association appurtenant
thereto to the new Owner thereof.
4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall have two classes of voting
membership:
(a) Class A. Class A members shall be all Owners, including a Builder but excluding the
Declarant. Each Lot owned by a Class A member (or group of Class A members) shall have one vote
for each Home that may be constructed on the Lot; provided, that if a Lot is owned by more than one
Owner, the votes of such Lot shall be cast as determined by a majority of such Owners; and provided,
that if a Lot is administered by an association composed of the Owners of such Lot, the votes of such
Lot shall be cast as determined by the Board of Directors of such association.
(b) Class B. The Class B member shall be the Declarant. Each Lot owned by Declarant shall
have three votes for each Home that may be constructed on the Lot.
4.4.2 Termination of Class B Membership. The Class B membership shall cease and be converted
to Class A membership on the happening of the first of the following events:
(a) when the total votes outstanding in the Class A membership equal the total votes
outstanding in the Class B membership [such Class B membership for purposes of this clause (a) shall
include Declarant owned Lots both then within the Project as well as those which may be added to
the Project], or
(b) the date when Declarant's management powers terminate, as provided in Section 5.2.
4.4.3 Combining Class A and B Votes. In determining whether any given proposition shall have
been approved by the membership, the total number of Class A and Class B votes shall be combined
and the appropriate percentage applied against that combined number.
4.5 Bylaws of Association. Bylaws for the administration of the Association and the Property, and to
further the intent of this Master Declaration, shall be adopted or amended by the Owners at a regular
or special meeting; provided, that the initial Bylaws shall be adopted by Declarant. In the event of any
conflict between this Master Declaration and any Bylaws, the provisions of this Master Declaration shall
prevail.
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that the administration of
the Property shall be in accordance with the provisions of this Master Declaration and the Bylaws of
the Association which are made a part hereof.
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5.2 Management by Declarant. The Property shall be managed by the Declarant until the earlier of:
(a) one hundred twenty (120) days after all Class B membership terminates; or (b) the date on which
Declarant elects to permanently relinquish all of its authority under this Section 5.2 by written notice
to all Owners. Declarant, so long as it is managing the Property, or a managing agent selected by
Declarant, or a temporary Board composed of members appointed by Declarant, shall have the exclusive
power and authority to exercise all the rights, duties and functions of the Board set forth or necessarily
implied in this Master Declaration; provided, however, that the Association may not, however, be
bound directly or indirectly to any contracts or leases without the right of termination exercisable
without cause and without penalty at any time after transfer of control to the Board elected pursuant to
Section 5.3, upon not more than ninety (90) days' notice to the other party to the contract.
5.3 Management by Elected Board of Directors. At the expiration of Declarant's management
authority under Section 5.2, administrative power and authority shall vest in a Board of Directors
elected from among the Lot Owners. The number of directors shall be specified in the Bylaws and shall
be sufficient to adequately handle the affairs of the Association. Except as otherwise provided herein,
decisions shall be determined by a majority vote of the directors entitled to vote. The Board may
delegate all or any portion of its administrative duties to a managing agent or officer of the Association.
All Board offices shall be open for election at an organizational meeting. The Board shall elect from
among its members a president who shall preside over meetings of the Board and the meetings of the
Association.
5.4 Authority and Duties of the Board. On behalf of and acting for the Association, the Board (or the
Declarant or Declarant's managing agent or a temporary Board as provided in Section 5.2 hereof), for
the benefit of the Project and the Owners, shall have all powers and authority permitted to the Board
under this Master Declaration, including but not limited to the following:
5.4.1 Assessments. 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 Common Areas or facilities which must be maintained, repaired or replaced on a
periodic basis, which reserve shall be funded by the above Assessments.
5.4.2 Service. Obtain the services of persons or firms as required to properly manage the affairs
of the Project to the extent deemed advisable by the Board including legal and accounting services,
property management services as well as such other personnel as the Board shall determine are
necessary or proper for the operation of the Project, whether such personnel as the Board shall
determine are necessary or proper for the operation of the Project, and whether such personnel are
employed directly by the Board or are furnished by the manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical, telephone, gas and any other
necessary utility service, including utility easements and street lighting, as required for the Common
Area.
5.4.4 Insurance. Obtain and pay for policies of insurance or bonds providing:
(a)_ Common Area casualty and liability coverage;
(b) fidelity of Association officers and other employees;
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Insurance under clauses (a) and (b) shall be in accordance with the requirements set for herein.
5.4.5 Common Area Maintenance and Repair. Pay for the costs of painting, maintenance, repair
and all landscaping and gardening work for the Common Areas and improvements located thereon so
as to keep the Property in a good, clean, attractive, sanitary and safe condition and in full compliance
with applicable governmental laws, rules and regulations and the provisions of this Master Declaration.
The foregoing shall include: the cost of maintaining the storm retention ponds, wetlands or similar
facility, if any; and such replacing and repairing of furnishings and equipment, if any, for the Common
Area as the Board shall determine are necessary and proper.
5.4.6 Common Area of Other Associations. The Association may agree to contribute a portion
of the cost of the maintenance, repair, and improvements of common areas, rights of way and similar
areas owned by, or under the jurisdiction of, other owners associations within the Property subject to
this Master Declaration if the Board decides that this will be beneficial to the Association. The terms
and conditions for said payment shall be determined by the Board.
5.4.7 Maintenance of Rights of Way, etc. 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 (including without limitation pruning, spraying and replacement of trees along streets) which are
within or adjacent to the Project boundaries, and which are owned by or dedicated to a governmental
entity, if said governmental entity fails to do so; provided, the Board at its option may require a 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.
5.4.8 Fences, etc. To the extent deemed advisable by the Board, pay for the cost of maintaining,
repairing and replacing: perimeter and interior fences, and fences surrounding wetlands, detention
ponds and similar facilities, 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.
5.4.9 Lot and Lot Improvement Maintenance. In the event an owner of any Lot or Home in the
Property shall fail to maintain the premises and the improvements situated thereon in accordance with
the provisions of the Master Declaration, the Association, after approval by two-thirds (2/3) vote of the
Board of Directors, shall have the right, through its agents and employees, to enter upon said parcel
and to repair, maintain, and restore the Lot and any other improvements erected thereon. The cost of
such maintenance shall be added to and become part of the assessment to which such Lot or Home is
subject.
5.4.10 Lien/Encumbrance. The Board may pay any amount necessary to discharge any lien or
encumbrance levied against the Common Areas or any part thereof which is claimed to or may, in the
opinion of the Board, constitute a lien against the Common Areas, rather than merely against the interest
therein of particular Owners. Where one or more Owners are responsible for the existence of such lien,
they shall be jointly and severally liable for the cost of discharging it, and any costs and expenses
(including court costs and attorney fees) incurred by the Board by reason of such lien or liens shall be
specially charged against the Owners and the Lots responsible to the extent of their responsibility.
5.4.11 Enforce Master Declaration. Enforce the applicable provisions of the Master Declaration
for the management and control of the Project.
F:\WPDATA\CDOC\1920\19241 MAS.DC2 8 6/28/95 (9:19am)
5.4.12 Contracting/Payment for Materials, etc. Contract and pay for any materials, supplies,
labor or services which the Board should determine are necessary or proper for the enforcement of this
Master Declaration, including legal, accounting, management or other services; provided that if for any
reason any materials, supplies, labor or services are provided for particular Lot or Homes or their
Owners, the cost thereof shall be specially charged to the Owner of such Lot or Homes.
5.4.13 Attorney-in-Fact. 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.
5.4.14 Borrowing of Funds. In the discharge of its duties and the 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.
5.4.15 Adoption of Rules and Regulation. When and to the extent deemed advisable by the
Board, to adopt reasonable rules and regulations governing the maintenance and use of the Property,
exterior construction and alteration, and other matters of mutual concern to the Lot or Home Owners,
and prescribe penalties and other methods of enforcement. The rules and regulations must be consistent
with this Master Declaration and the Bylaws and treat all Owners fairly and on a non-discriminatory
basis.
5.4.16 Additional Powers of Association. In addition to the duties and powers of the Association,
as specified herein, and elsewhere in this Master Declaration, but subject to the provisions of this
Master 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 Master
Declaration.
ARTICLE 6
ARCHITECTURAL CONTROL
6.1 Construction and Exterior Alteration/Repair.
6.1.1 All 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 structures on the Property and visible from any public street, Common Area or other Lot
must be approved by the ACC. The ACC shall be composed of two separate panels: a Builder's panel
consisting of three persons appointed by the Declarant that will have authority over all of the
construction and improvements by Declarant and other Builders in the Project; and a homeowner's panel
consisting of not less than three nor more than five persons appointed by the Board that will have
authority over all of the construction and improvements by other Lot or Home Owners. The Builder's
panel shall cease after the Builders have completed all of the Homes that may be constructed within the
Project. 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 ACC, shall be submitted to the ACC before con-
struction, alteration or repair is started. Construction, alteration or repair shall not be started until
written approval thereof is given by the ACC. Any exterior modifications approved or developed by
F:\WPDATA\CDOC\1920\19241MAS.DC2 9 6/28/95 (9:19am)
s
the Declarant while exercising management authority under Section 5.2 will be deemed approved
exterior modifications.
6.1.2 The ACC 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.
6.1.3 In the event the ACC 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.
6.1.4 All plans and specifications for approval by the ACC 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 ACC as part of the plan approval and shall
be given in writing together with the approval.
6.1.5 The ACC may require that said plans or specifications shall be prepared by an architect or
a competent house-designer, approved by the ACC. One complete set of said plans and specifications
shall in each case be delivered to and permanently left with the ACC. All buildings or 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 ACC. The ACC shall have the right to refuse to approve any
design, plan or color for such improvements, construction, or
g , p o , exterior alteration or repair visible from
a public street, Common Area or other Lot which is not suitable ordesirable, '
tab e in the ACC's reasonable
opinion, aesthetic or otherwise.
6.1.6 In soassin upon such design, the ACC shall have the right to take into consideration
P g Po gthe
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 same, the harmony thereof
with the surroundings, andthe effect e ect or impairment that said structures will have on the view or outlook
gP
of surroundingbuildingsites, and anyand all factors, which, in the ACC's opinion, shall affect the
p ec t o
desirability or suitability of such proposed structure, improvements, or exterior alteration or repair.
6.1.7 The ACC shall have the right to disapprove the design or installation pp g of a swimming pool,
hot tub or any other recreational structure or equipment undesirable, in the ACC's reasonable opinion,
aesthetic or otherwise. In so passing upon such design or proposed installation, the ACC 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.
6.1.8 The ACC shall have the right, in conformance with City ordinances and upon issuance of any
required permits, to require, at an Owner's expense, the trimming or topping (or, if deemed necessary
by the ACC, removal) of any tree, hedges or shrub on a Lot which the ACC determines is unreasonably
blocking or interfering with the view or access to sunlight of another Lot or Home.
6.1.9 The ACC shall have the right to specify precisely the size, color and style of mail and
F:\WPDATA\CDOC\1920\19241MAS.DC2 10 6/28/95 (9:19am)
newspaper boxes, and of the post or support on which such boxes are affixed, and their location within
the Project.
6.1.10 Declarant (including any successor in interest to Declarant's status as Declarant) shall not
be subject to the restrictions of this Section 6.1 as to any Lot owned by Declarant, whether or not any
Class B membership exists and whether or not management of the Association has been relinquished
by Declarant pursuant to Section 5.2 hereof.
6.1.11 The Board may adopt guidelines, criteria, and procedures for the ACC (ACC guidelines)
as Association rules, and prescribe penalties and other methods of enforcement. Provided, that until
all of the Homes in the Project have been completed, the Board may not adopt, amend, or repeal ACC
guidelines pertaining to either the homeowner's panel or the Builder's panel without the Declarant's
prior written approval.
6.2 Sales Facilities of Declarant and Builders.
6.2.1 Notwithstanding any provision in this Master 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 (including the recreation building, but excluding Lots
sold to customers) as Declarant and the Builders may choose, such facilities as in their sole opinion may
be reasonably required, convenient or incidental to the construction, sale or rental of Lots or 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 or Builders.
6.2.2 Declarant and Builders may make temporary alterations to model homes (such as fenced front
yards, special entries, and French doors on garages), which are not otherwise permitted by this Master
Declaration or the ACC guidelines, for marketing purposes. The selling Owner must remove the model
home alterations and return the Home to full compliance with the ACC guidelines prior to occupancy
by a Home purchaser or tenant. Owners other than Declarant or Builders may not make these kinds
of model home alterations to the Lot or Home.
ARTICLE 7
OWNERS USE/MAINTENANCE OBLIGATION
7.1 Maintenance of Lot or Homes. Except as provided in Article 5, each Lot or Home 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 Lot or Home and other improvements located
thereon, and also such other areas as may be required pursuant to Sections 5.4.7 and 5.4.8 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 Master Declaration and the rules and regulations
of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and improvements located thereon shall
be used for:
7.2.1 sleeping, eating, food preparation for on-site consumption by occupants and guests, entertain-
ing by occupants of personal guests and similar activities commonly conducted within a residential
dwelling, without regard to whether the Living Unit Owner or occupant resides in the Living Unit as
a primary or secondary personal residence, on an ownership, rental, lease or invitee basis;
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7.2.2 such other reasonable ancillary purposes commonly associated with residential dwellings
g
(including without limitation home-offices and home-occupations) which do not: cause unusual traffic,
parking, noise or similar problems; or otherwise violate provisions of this Declaration, Association rules
and regulations, or applicable law for residential dwellings;
7.2.3 the common social, recreational or other reasonable uses normally incident to such purposes;
and
7.2.4 for purposes of operating the Association and managing the Property.
Nothing herein shall be deemed to prevent the Owner from leasing a Lot or Home and improvements
subject to all of the provisions of the Master Declaration.
7.3 Restriction on Further Subdivision. No Lot or portion of a Lot in this plat shall be divided and
sold or resold, or ownership changed or transferred whereby the ownership of
any portion of this plat
shall be less than the area required for the use district in which located; provided, the foregoing shall
not prohibit deeds of correction, deeds to resolve boundary disputes and similar corrective instruments.
Lots may be joined and joined Lots may subsequently be subdivided only into the Lots originally joined.
7.4 Rental Lot or Homes.
7.4.1 With respect to the leasing, renting, or creation of any kind of tenancy of a Lot or Home and
improvements thereon by its Owners, such Owner shall be prohibited from leasing or renting less than
the entire Lot or Home or improvements thereon, or (with the exception of a lender in possession of
a Lot or Home 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
Master Declaration and Bylaws (with a default of the tenant in complying with the Master Declaration
and Bylaws constituting a default under the lease or rental agreement).
7.4.2 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 right to question payment over to the Board, and such payment will
discharge the lessee's or renter's duty of payment to the Owner for rent, to the extent such rent is paid
to the Association, but will not discharge the liability of the Owner, and the Lot or Home under this
Master Declaration for assessments and charges, or operate as an approval of the lease. The Board shall
not exercise this power where a receiver has been appointed with respect to the Lot or Home or its
Owner; nor in derogation of any rights which a mortgagee of such Lot or Home may have with respect
to such rents. Other than as stated herein there are no restrictions on the right of any Owner to lease
or otherwise rent his Lot or Home.
7.5 Zoning Regulations. Zoning regulations, building regulations, environmental regulations and other
similar governmental regulations applicable to the Properties subject to this Master Declaration shall
be observed. In the event of any conflict between any provision of such governmental regulations and
restrictions of this Master Declaration, the more restrictive provisions shall apply.
7.6 Business Use. No business of any kind shall be conducted on any Lot or Home with the exception
of: (a) the business of creating, improving and selling the Lots and Homes located in the Property; (b)
F:\WPDATA\CDOC\1920\19241MAS.DC2 12 6/25/95 (9.19aml
uses otherwise permitted by Section 7.2; and, (c) such other non-residential business and commercial
uses permitted by zoning and other laws applicable to a particular Lot. The Lot Owners shall comply
with all of the requirements of the appropriate local governments. No materials, supplies or equipment
used by a business shall be stored on any Lot or Home within the view of another Lot or Home, except
for items relating to an improvement which is under construction in conformance with this Declaration.
7.7 Building Setback Requirements. All buildings and other Lot improvements shall comply with all
applicable governmental requirements, including without limitation minimum setback requirements.
7.8 Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying
or mining operations of any kind shall be permitted upon or in any Lot; nor shall oil wells, tanks,
tunnels, mineral excavations or shafts be permitted upon or in any Lot. No derrick or other structure
designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon any Lot.
7.9 Catch Basin. The cleaning of catch basins, if any, on individual Lots shall be carried out by the
Association at least once prior to September 15 of each calendar year.
7.10 Lot Size. No residential structure shall be erected or placed on any Lot which has a lot area of
less than that required by the government entity having appropriate jurisdiction over the Project.
7.11 Garages. Every Home (other than Condominium Homes and Homes within a Multi-Family
Building) must have a garage which holds at least one full-size car, but no more than three full-size cars
(any car, truck, boat, recreational vehicle, etc. shall be deemed as one car for purposes of this
limitation). Condominium Homes, and Homes within a Multi-Family Building, and Lots which may be
used for non-residential purposes, shall be provided with such minimum parking facilities (garages,
carports and/or open parking) as required by law. All car, trucks, boats, recreational vehicles, or other
motor vehicles ("vehicles") must be stored in garages or in a manner which the Board reasonably
determines is not offensive when viewed from the street or from the ground level of adjacent Lots.
Storage of personal property (other than vehicles) in garages is prohibited to the extent that such storage
would prevent a vehicle (regularly used by an occupant) from being stored within the garage.
7.12 Square Footage. Each single family residence must include the minimum square feet (excluding
garage and porches) required by law.
7.13 Mobile or Manufactured Housing. Custom designs by licensed architects shall be strongly
encouraged and any use of repetitive design shall be strongly discouraged and/or prohibited at the
discretion of the ACC. The ACC may refuse to approve a plan based on design or repetitive use of a
plan, or for failure to meet the approved criteria as set forth. There shall be no mobile or manufactured
housing.
s g.
7.14 Driveway Standards. All driveways shall be constructed of concrete with a aggregate finish or
other material approved by ACC.
7.15 Parking. Unless substantially screened from view from the street or from the ground level of
adjacent Lots in a manner reasonably approved by the ACC, no recreational vehicles, commercial
vehicles, construction or like equipment, or trailers (utility, boat, camping, horse or otherwise), shall
be allowed to be parked or stored on any Lot (except within a fully enclosed garage), or street. In all
events, such vehicle, equipment and trailers must also be stored within a fully enclosed garage or in rear
yards behind the front line of a Home. The Board of Directors shall have full authority to determine
F•\WPDATA\CDOC\1970\19741MAC TIC? 11 PlQ InG 10.10
•
•
if any vehicle is obnoxious or undesirable to other Lot Owners and take appropriate steps to correct
such a violation of this covenant.
7.16 Roof. The exterior of all roofs shall be composed of a material approved by ACC. Under no
circumstances are flat roofs allowable.
7.17 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 ACC 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.
7.18 Utilities. All utilities shall be installed underground.
7.19 Antenna. No antenna, satellite dish or other similar type of exterior equipment shall be allowed
on any Lot unless approved by the ACC.
7.20 Fencing. No fences or site-screening improvements shall be erected without the written approval
of the ACC. Fences: may only be placed along the rear property line and from the front building line
to the rear lot line; cannot exceed 6 feet in height; under no circumstances may obstruct view from any
other lot; on corner Lots must be located within minimum building sideyard setbacks; must be
constructed of wood or other material approved by the ACC; and must otherwise comply with all legal
requirements--provided that the foregoing height limitation shall not apply to site-screening approved
by the ACC pursuant to Section 7.15.
7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with material approved by the ACC
and otherwise required by this Master Declaration.
7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of any kind shall be
deposited on or left upon any Lot unless placed in an attractive container suitable located and screened
from the view of any other Lot or Home Owner. All equipment for the storage or disposal of such
materials shall be kept in a clean and sanitarycondition. No buildingmaterial of anykind shall be
placed or stored on any property within the development until the Lot or Home Owner is ready to
P Y
commence construction, and then such materials shall be placed within the boundary lines of the Lot
upon which its use is intended. Garbage cans may only be placed in public view on the day of garbage
pickup. All woodpiles and storage areas must be placed so that they do not obstruct or hamper any other
Lot or Home Owner's view and must be suitable screened from all other Lot or Home Owner's views.
7.23 Games and Play Structures. No platform, dog house, dog run, playhouse or structure of a
similar kind or nature shall be constructed on any Lot without the prior approval of the ACC.
7.24 Significant Recreation Facilities. The construction of any significant recreational facilities on
any Lot including, but not limited to, such items as swimming pool, sport court, tennis, badminton, or
pickle ball courts shall require the approval of the ACC and shall be subject to the requirements adopted
by the ACC.
7.25 Pets. No animal, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot,
except: that cats, dogs, birds, or other household pets may be kept if they are not kept, bred or
maintained for any commercial purpose: and that such pets shall not be kept in numbers or under
conditions reasonably objectionable in a closely built-up residential community or in violation of the
reasonable rules and regulations of the Association. Animals shall not be allowed to roam loose, outside
the limits of any Lot in which they are kept.
7.26 Landscaping. All cleared areas in front of the building line to the street shall be fully landscaped
within 30 days, depending on weather conditions, of the time when the house receives an occupancy
permit. Owner shall install or have installed within 6 months of occupancy the balance of all
landscaping unless a longer time is approved by the ACC.
7.27 Signs. No signs of any kind, nor for any uses shall be erected, posted, painted or displayed on
any building site in this subdivision whatsoever, except: public notice by a political division of the
State, City or County or as required by law; any Builder or the Builder's agent may erect and display
signs during the period the Builder is building and selling property in the subdivision; and any Lot
Owner or the Lot Owner's agent wishing to sell that Owner's Lot may place one sign not larger than
900 square inches on the property itself.
7.28 Temporary Structures. No trailer, basement, tent, shack, garage, barn or other outbuildings or
any structure of a temporary character shall be erected or placed on the Property, even temporarily. No
building or structure shall be moved on to the Property from any land outside the development.
Provided: a trailer may be placed and occupied by the designated subdivision sales agent with the prior
written approval of the ACC; and a construction shack may be used by a Builder or an Owner's
construction contractor during the construction period.
7.29 Completion of Construction. All construction shall begin within 18 months of the date of closing
for each Lot. Any dwelling or structure erected or placed on any Lot shall be completed as to external
appearance, including finish painting or stained, and shall be connected to sewers within 6 months from
the date of commencement of construction, unless some longer period of time is approved in writing
by the ACC.
7.30 Easements. Easements for the installation and maintenance of utilities and drainage, and irrigation
facilities, are reserved as shown on the recorded Plat. Within these easements no structure, planting or
other materials shall be placed or permitted to remain which may damage or interfere with the
installation and/or maintenance of such utilities, or which may obstruct, retard or change the directions
of flow of water through drainage channels in the easements. The easement are on any Lot and all
improvements in it shall be maintained continuously by the Lot Owner.
7.31 Use During Construction. Except with the approval of the ACC, no person shall reside upon the
premises of any Lot until such time as the improvements to be erected thereon accordance with the plans
and specifications approved by the ACC have e been completed. Completion shall be considered receipt
of a final inspection of the dwelling unit by the Building Department having jurisdiction.
7.32 Excavations. Except with the permission of the ACC, or except as may be necessary in
connection with the constructionof any approved improvement, no excavation shall be made nor shall
any dirt be removed from or added to any lot herein.
7.33 Nuisances. No noxious or undesirable thing, or noxious or un desirable use shall be permitted
or maintained upon any Lot or upon any other portion of the Property. If the Board of Directors
determines that a thing or use is undesirable or noxious, that determination shall be conclusive.
F:\WPDATA\CDOC\1920\19241MAS.DC2 15 6/28/95 (9:19am)
7.34 Clothes Lines, Other Structures. No clothes lines of other structures of a similar nature shall
be permitted on any Lot.
7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall be used exclusively for
normal transit and no obstructions shall be placed thereon or therein except by express written consent
of the Board.
7.36 Governmentally Required Maintenance, etc. Any insurance, maintenance, repair, replacement,
alteration or other work, or the monitoring of such work, which is required by any governmental entity
(including without limitation, federal, state or local government, public or private utility provider, local
improvement district, or other governmental or quasi-governmental entity or agency), and regardless
of whether such requirement is now or hereafter established, and whether imposed in connection with
a building permit or other governmental approval or requirement, and whether involving land within
public rights of way or subject to ownership or exclusive use of one owner, shall be the sole and
exclusive responsibility of the Association (not the Declarant) and any cost incurred in connection
therewith shall be a Common Expense. In furtherance of the generality of the foregoing, and not by way
of limitation, such work shall include: maintenance of any grass-lined swales and proper disposal of
clippings; maintenance of wetland plantings; replacement of wetland and landscape plantings that die
during any required maintenance period; maintenance of public and private storm sewer and retention
systems. Declarant shall have the right, but not the obligation, to perform any such work if the
Association fails to do so. The Association shall promptly upon demand reimburse Declarant for any
costs directly or indirectly incurred by declarant as a result of the Declarant performing, or the
Association's failure to perform, such work (including any work necessary to obtain a release, or avoid
a forfeiture, of any cash deposit or other bond made by Declarant."
ARTICLE 8
COMMON EXPENSES AND ASSESSMENTS
8.1 Assessment Lien/Personal Obligation. The Declarant, for each Lot or Home owned within the
Property, hereby covenants, and each Owner of any Lot or Home by acceptance of a deed therefor,
whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the
Association any assessment duly levied by the Association as provided herein. Such assessments, toge-
ther with interest, costs, late charges and reasonable attorneys' fees, shall be a charge on the land and
shall be a continuing lien upon the property against which each such assessment is made. Each such
assessment, together with interest, costs, late charges and reasonable attorneys' fees, shall also be the
personal obligation of the person who was the Owner of such property at the time when the assessment
fell due. The personal obligation for delinquent assessments shall not pass to his successors in title
unless the lien for such delinquent assessments had been properly recorded prior to title transfer or
unless expressly assumed by them. Provided, however, that in the case of a sale of any Lot or Home
which is charged with the payment of an assessment or assessments payable in installments, the person
or entity who is the Owner immediately prior to the date of any such sale shall be personally liable only
for the amount of the installments due prior to said date. The new Owner shall be personally liable for
installments which become due on and after said date.
8.2 Uniform Rate.
8.2.1 Common Expenses. Except as otherwise provided in this Master Declaration, Assessments
to pay for Common Expenses shall be based on the Common Expense Percentage provided in Section
1.5.8.
F:\WPDATA\CDOC\1920\19241MAS.DC2 16 6/7R/95 (Q•19am1
8.2.2 Special Charges to Owner. Assessments levied against an Owner for the purpose of
reimbursing the Association for costs incurred in bringing the Owner or his Lot and/or Home into •
compliance with the provisions of this Master Declaration shall be paid solely by that Owner.
8.2.3 No Exemption. No Owner may be exempted from liability for Assessments by abandonment
of his Lot or Home or non-use of the Common areas.
8.3 Association Budget. The Board shall prepare, or cause the preparation of, an operating budget for
the Association at least annually, in accordance with generally accepted accounting principles. The
operating budget shall set forth all sums required by the Association, as estimated by the Board, to meet
its annual costs and expenses. The Association shall maintain reserves for the replacement of Common
Area improvements, and any other purpose it shall consider to be appropriate. The Board 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. Any
proposed annual budget (or revisions thereto) which would result in an annual budget in excess of the
immediately preceding annual budget shall require the calling of a meeting of the Association upon
notice sent to all Owners not less than thirty (30) days nor more than sixty (60) days in advance of the
meeting; such proposed budget (or revisions thereto) shall be deemed in effect unless rejected by
Owners having fifty-one percent (51%) of the total voting power.
8.4 Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the
Board shall designate. Any assessment or installment thereof which remains unpaid for at least thirty
(30) days after the due date thereof shall bear interest at the rate of 12% per annum, and the Board may
also assess a late charge in an amount not exceeding 25% of any unpaid assessment which has been
delinquent for more than thirty (30) days.
8.5 Accounts. Any assessments collected by the Association shall be deposited in one or more insured
institutional depository accounts established by the Board. The Board shall have exclusive control of
such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said
accounts except to pay for charges and expenses authorized by this Master Declaration.
8.6 Lien. In the event any assessment or installment thereof remains delinquent for more than thirty
(30) days, the Board may, upon fifteen (15) days' prior written notice to the Owner of such Lot or
Home of the existence of the default, accelerate and demand immediate payment of the entire assess-
ment. The amount of any assessment assessed or charged to any Lot or Home plus interest, costs, late
charges and reasonable attorneys' fees, shall be a lien upon such Lot or Home. A Notice of Assessment
may be recorded in the office where real estate conveyances are recorded for the county in which this
Project is located. Such Notice of Assessment may be filed at any time at least fifteen (15) days
following delivery of the notice of default referred to above in this Section 8.6. The lien for payment
of such assessments and charges shall have priority over all other liens and encumbrances, recorded or
unrecorded, limited as provided in Section 9.1. Suit to recover a money judgment for unpaid assess-
ments or charges shall be maintainable without foreclosure or waiver of the lien securing the same.
8.7 Waiver of Lot or Homestead. Each Owner hereby waives, to the extent of any liens created
pursuant to this Article, the benefit of any homestead or exemption law in effect at the time any assess-
ment or installment thereof becomes delinquent or any lien is imposed pursuant to the terms hereof.
8.8 Continuing Liability for Assessments. No Owner may exempt himself from liability for his
Assessments by abandonment of his Home or Lot. _
F:\WPDATA\CaOC\192(1\19741N4AS TIC? 17 AMUOG (0•10,.,,l
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8.9 Records; Financial Statements. The Board shall prepare or cause to be prepared, for any calendar
year in which the Association levies or collects any assessments, and shall distribute to all Owners, a
balance sheet and an operating (income/ expense) statement for the Association, which shall include a
schedule.of assessments received and receivable, identified by the number of the Lot or Home and the
name of the Owner so assessed. The Board shall cause detailed and accurate records of the receipts and
expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any
other expenses incurred. Such records, copies of this Master Declaration, the Articles and the Bylaws,
and any resolutions authorizing expenditures of Association funds shall be available for examination by
any Owner at convenient hours of weekdays.
8.10 Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the
president of the Board, or an authorized agent thereof if neither the president nor treasurer is available,
stating the indebtedness for assessments and charges or lack thereof secured by the assessment lien upon
any Lot or Home shall be conclusive upon the Association as to the amount of such indebtedness on the
date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall
be furnished to any Owner or any encumbrancer of a Lot or Home within a reasonable time after
request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer
holding a lien on a Lot or Home may pay any unpaid assessments or charges with respect to such Lot
or Home, and, upon such payment, shall have a lien on such Lot or Home for the amounts paid of the
same rank as the lien of the encumbrance.
8.11 Lien Foreclosure; Attorneys' Fees. The Declarant or Board, on behalf of the Association, may
initiate action to foreclose the lien of, or collect, any assessment. In any action to foreclose the lien of,
or otherwise collect, delinquent assessments or charges, any judgment rendered in favor of the Asso-
ciation shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably incurred
in preparation for or in the prosecution of said action, in addition to taxable costs permitted by law.
8.12 Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for
which a Notice of Assessment has been filed and recorded in accordance with this Article upon timely
payment or other satisfaction of all delinquent assessments set forth in the Notice, and all other
assessments which have become due and payable following the date of such recordation with respect
to the Lot or Home as to which such Notice of Assessment was recorded, together with all costs, late
charges and interest which have accrued thereon. A reasonable fee covering the cost of preparation and
recordation shall be paid to the Association prior to such action. The satisfaction of the lien created by
the Notice of Assessment shall be executed by the president or treasurer of the Association or by any
authorized representative of the Board. For the purposes of this paragraph, the term "costs" shall
include costs and expenses actually incurred or expended by the Association in connection with the cost
of preparation and recordation of the Notice of Assessment and in efforts to collect the delinquent
assessments secured by the lien and a reasonable sum for attorneys' fees.
8.13 Payment by Owners. Each Owner shall be obligated to pay its share of common expenses and
special charges made pursuant to this Article to the treasurer for the Association. Assessments for each
Lot or Home Owner shall begin on the date said Owner closes the transaction in which he acquires
right, title or interest in the Lot or Home. Assessments for the initial month shall be prorated if closing
occurs on other than the first of the month. Any assessment or charge which remains unpaid for at least
thirty (30) days shall bear interest at the rate of twelve percent (12%) from due date until paid. In
addition, the Board may impose a late charge in an amount not exceeding twenty-five (25%0) of any
unpaid assessment or charge which has remained delinquent for more than thirty (30) days.
F•VUTDn AT n\Orin("\1CVIA in-)A ARCO rl,` ,o
8.14 Omission of Assessment. Neither the omission by the Board (before the expiration of any
assessment period) to establish as new operating budget; nor the rejection of a new proposed budget,
shall 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 an assessment, or any installment thereof, for that or any
subsequent assessment period. The budget(and assessment based thereon) for the preceding period shall
continue until a new budget (and assessments based thereon) becomes effective.
8.15 Notice of Creation of Assessment Lien. The Notice of Assessment shall not be filed of record
unless and until the Board or a person designated by it, shall have delivered to the defaulting Owner,
not less than fifteen (15) days prior to the recordation of such Notice of Assessment, a written Notice
of Default and a demand to cure same within said fifteen-day period.
8.16 Assessment/Working Capital Deposit.
8.16.1 Delinquent Assessment Deposit.
(a) An Owner may be required by the Board or b the Manager, from time to time, to make
and maintain a deposit not less than one (1) nor in excess of three (3) estimated Regular Assessments,
which may be collected as are other Assessments and charges. Such deposit shall be held in a separate
fund, be credited to the Lot or Home owned by such Owner, and be for the purpose of establishing a
reserve for delinquent Assessments.
(b) Resort may be had thereto at any time when such owner is ten (10) days or more
delinquent in paying his monthly or other Assessments and charges. Said deposits shall not be consid-
ered as advance payments of regular Assessments. In the event the Board should draw upon said deposit
as a result of a Unit Owner's delinquency in payment of any Assessments, said Owner shall continue
to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties
and costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all
of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided
by this Master Declaration and by law.
(c) Upon the sale of a Lot or Home, the seller/Owner thereof shall not be entitled to a refund
from the Association of any deposit or reserve account made or maintained with respect to such Lot or
Home pursuant to this or any other Section of this Master Declaration; rather, any such deposit or
reserve account shall continue to be held by the Association for the credit of such Lot or Home, and
the Lot or Home Purchaser shall succeed to the benefit thereof, and the Unit seller shall be responsible
for obtaining from the Purchaser appropriate compensation therefor.
8.16.2 Working Capital Contribution. The Declarant may elect that the first Purchaser of any
Lot or Home shall pay to the Association, in addition to other amounts due, an amount equal to not
more than two (2) Regular Assessments as a contribution to the Association's working capital. Such
working capital contributions shall not be used to defray Declarant's expenses in completing the con-
struction of the Plat or, to pay Declarant's contributions to Association reserves.
8.17 Exempt Property. The following property subject to this Master Declaration shall be exempt
from the assessments created herein:
8.17.1 All properties dedicated to and accepted by a governmental entity; and
F•\WATIATA\r`Tlrlr`\10-m\10,A1T,TAc r\r-) In c,no,nc in.°n___\
8.17.2 AllComm Common o Properties.
However, the land or improvements, which are referred to in this Section and which are devoted to
dwelling use, shall not be exempt from said assessments.
8.18 Effect of Legal Proceedings. In any legal proceeding commenced pursuant to Section 9.1.1, the
court having jurisdiction over such proceeding shall also have jurisdiction and power to cause
assessments to be levied and collected on an equal per Lot or Home basis in such amounts as is rea-
sonably necessary to cause the Project to be properly administered in accordance with the provisions
of this Master Declaration and the Bylaws, or to cause the provisions of this Master Declaration and
the Bylaws to be properly applied and enforced. In any legal proceeding commenced pursuant to
Section 9.1.1, the court having jurisdiction over such proceeding shall also have jurisdiction and power
to cause assessments to be levied and collected in such amount as is reasonably necessary to cause the
Project to be properly administered in accordance with the provisions of this Master Declaration and
the Bylaws, or to cause the provisions of this Master Declaration and the Bylaws to be properly applied
and enforced. Except with respect to legal proceedings to collect assessments or similar charges owed
to the Association by an Owner or to enforce the provisions of this Master Declaration, neither the
Association nor its Board may commence and prosecute litigation (or collect assessments in connection
therewith) until first approved by a majority of the voting power voting in person or by proxy after the
owners have been provided a written explanation of the nature of such litigation, the reasons therefore,
P
the expected result and the estimated cost thereof.
8.19 Commencement of Assessments.ssess ents. The Declarant in the exercise of its reasonable discretion shall
determine when the Association shall commence making Assessments. Until the Association makes an
Assessment, the Declarant shall pay all Common Expenses. After any Assessment has been made by
the Association, Assessments must be made against all Lots, based on a budget adopted by the Associa-
tion; provided, until Class B membership terminates, the Declarant or Board (whether appointed by
Declarant or elected by Unit Owners) may elect not to collect monthly assessments calculated as
provided in Section 8.3 and instead elect to collect and expend monthly assessments based on the actual
costs of Common Expenses (excluding reserves).
ARTICLE 9
COMPLIANCE WITH MASTER DECLARATION
9.1 Enforcement.
9.1.1 Compliance of Owner. Each Owner, Board member and the Association shall comply strictly
with the provisions of this Master Declaration and with the Bylaws and administrative rules and
regulations adopted by the Association (as the same may be lawfully amended from time to time).
Failure to comply shall be grounds for an action to recover sums due for damages, or injunctive relief,
or both, maintainable by the Board (acting through its officers on behalf of the Association and the
Owners), or by the aggrieved Owner on his own against the party (including an Owner or the
Association) failing to comply.
9.1.2 Compliance of Lessee. Each Owner who shall rent or lease his Lot or Home shall insure that
the lease or rental agreement will be in writing and subject to the terms of this Master Declaration,
Articles of Incorporation, if any, and Bylaws. Said agreement shall further provide that failure of any
lessee to comply with the provisions of said documents shall be a default under the lease.
P•\UDTlAT A\(`Tine•\1n7Mio,4111.fnc -)n
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9.1.3 Attorneys' Fees. In anyaction to enforce the provisions of this Master Declaration, the
Articles or the Bylaws, the prevailing party in such legal action shall be entitled to an award for
reasonable attorneys' fees and all costs and expenses reasonably incurred in preparation for or
prosecution of said action, in addition to taxable costs permitted by law.
9.2 No Waiver of Strict Performance. The failure of the Board, or Declarant or Declarant's managing
agent, as applicable, in any one or more instances to insist upon or enforce the strict performance of
any of the terms, covenants, conditions or restrictions of this Master Declaration, or of any Bylaws or
administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future
of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall
remain in full force and effect. No waiver by the Board of any provision hereof shall be deemed to have
been made unless expressed in writing and signed by the Board.
9.3 Right of Entry. Violation of any of the provisions hereof shall give to Declarant, its successors,
or the Association, the right to enter upon the Property as to which such violation exists and to abate,
correct and remove, at the expense of the Owner thereof, any erection, thing or condition that may be
or exists thereon contrary to the provisions hereof. Such entry shall be made only after three (3) days'
notice to said Owner and with as little inconvenience to the Owner as possible, and any damage caused
thereby shall be repaired by the Association. Declarant, its successors, or the Association shall not be
deemed guilty of any manner of trespass by such entry, abatement or removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and the Board may pursue them
concurrently, as well as any other remedies which may be available under law although not expressed
herein.
ARTICLE 10
LIMITATION OF LIABILITY
10.1 No Personal Liability. So long as a Board member, Association committee member, Association
officer, or Declarant exercising the powers of the Board, has acted in good faith, without willful or
intentional misconduct, upon the basis of such information as may be possessed by such person, no such
person shall be personally liable to any Owner, or other party, including the Association, for any
damage, loss or prejudice suffered or claimed on account of any act, omission, error, negligence(except
gross negligence), any discretionary decision, or failure to make a discretionary decision, by such
person in such person's official capacity; Provided, that this section shall not apply where the damages
or other consequences of such act, omission, error or negligence are fully covered by insurance or
bonds obtained by the Board.
10.2 Indemnification of Board Members. Each Board member or Association committee member,
or Association Officer, or Declarant exercising the powers of the Board, and their respective heirs and
successors, shall be indemnified by the Association against all expenses and liabilities, including
attorneys' fees, reasonably incurred by or imposed in connection with any proceeding to which he may
be a party, or in which he may become involved, by reason of being or having held such position at
the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged
guilty of intentional misconduct, or gross negligence or a knowing violation of law in the performance
of his duties, and except in such cases where such person has participated in a transaction from which
said person will personally receive a benefit in money, property, or services to which said person is not
legally entitled; Provided, that, in the event of a settlement, the indemnification shall apply only when
the Board approves such settlement and reimbursement as being in the best interest of the Association.
F•\WPT)ATA\CT)C)C\1Q')(1\1Q')41MAc TIC') Anuioc ro•io
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Nothing contained in this Section 10.2 shall, however, be deemed to obligate the Association to
indemnify any Member or Owner of a Lot or Home 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 Master Declaration as a Member or Owner of a Lot or Home covered thereby.
ARTICLE 11
MORTGAGEE PROTECTION
11.1 Priority of Mortgages. Notwithstanding all other provisions hereof? the liens created under this
Master Declaration upon any Lot or Home for assessments shall be subject to tax liens on the Lot or
Home 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 or Home. Where the Mortgagee of a Lot or Home, or other purchaser of
a Lot or Home, obtains possession of a Lot or Home 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 or Home which h becomes due prior to such pos-
session, 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 or Home 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 an individual Lot
or Home Owner other than Declarant.
11.2 Effect of Master Declaration Amendments. No amendment of this Master Declaration shall be
effective to modify, change, limit or alter the rights expressly conferred upon Mortgagees in this instru-
ment with respect to any unsatisfied mortgage duly recorded unless the amendment shall be consented
to in writing by the holder of such mortgage. Any provision of this Article conferring rights upon
Mortgagees which is inconsistent with any other provision of this Master Declaration shall control over
such other inconsistent provisions.
11.3 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 of any bona fide
Mortgage made in good faith and for value on any Lot or Homes; provided, however, that any
subsequent Owner of the Lot or Home shall be bound by these provisions whether such Owner's title
was acquired by foreclosure or trustee's sale or otherwise.
11.4 Miscellaneous. The Association shall not, without prior written approval of seventy-five percent
(75%) of all first Mortgagees (based upon one vote for each first Mortgage owned) or Owners (other
than the sponsor, developer or Builder) of record by act or omission change, waive or abandon any
scheme of regulations, or enforcement thereof, pertaining to the architectural design or the exterior
appearance of Lot or Homes, the exterior maintenance of Lot or Homes, maintenance of walkways,
fences and driveways, or the upkeep of lawns and plantings in the development, including the provisions
of Articles 6 and 7 hereof.
11.5 Copies of Notices. If the first Mortgagee of any Lot or Home has so requested the Association
in writing, the Association shall give written notice to such first Mortgagee that an Owner/mortgagor
of a Lot or Home has for more than sixty (60) days failed to meet any obligation under this Master -
Declaration. Any first Mortgagee shall, upon written request, also be entitled to receive written notice
F:\WPDATA\CDOC\1920\19241MAS.DC2 nvioc 10.10 .„\
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of all meetings of the Association and be permitted to designate a representative to attend all such
meetings.
11.6 Furnishing of Documents. The Association shall make available to prospective purchasers,
Mortgagees, insurers, and guarantors, at their request, current copies of the Master Declaration,
Bylaws, and other rules governing the Project, and the most recent balance sheet and income/expense
statement for the Association, if any has been prepared.
ARTICLE 12
EASEMENTS
12.1 Association Functions. There is hereby reserved to Declarant and the Association, or their duly
authorized agents and representatives, such easements as are necessary to perform the duties and
obligations of the Association as are set forth in the Master Declaration, or in the Bylaws, and rules and
regulations adopted by the Association.
12.2 Easements Over Common Areas. The Board, on behalf of the Association and all members
thereof, shall have authority to grant (in accordance with applicable governmental laws and regulations)
utility, road and similar easements, licenses and permits, under, through or over the Common Area,
which easements the Board determines are reasonably necessary to the ongoing development and
operation of the Property.
12.3 Access to Public Streets. Each Owner and his guests and invitees shall have a perpetual, non-
exclusive easement across the Common Areas and across all roadways constructed within the project,
thereby providing access throughout the Property and to public streets.
12.4 Utility Easements. Over, across and through each Lot and any Lot or Homes and improvements
thereon, easements are reserved as provided by the Plat Map and applicable laws, ordinances and other
governmental rules and regulations for utility installation and maintenance, including but not limited to,
underground electric power, telephone, water, sewer, drainage, gas, and accessory equipment, together
with the right to enter upon the Lots and such improvements at all times for said purposes. Within these
easements, no structure, planting, or other material shall be placed or permitted to remain which may
damage, interfere with the installation and maintenance of utilities, or which may change the direction
of flow of drainage channels in the easements, or which may obstruct or retard the flow of water
through drainage channels in the easements; the easement area of each Lot, and all improvements, shall
be maintained continuously by the Owner of the Lot, except for those improvements for which a public
authority or utility company is responsible.
12.5 Project Entry Signs. On Common Area adjacent to a roadway entrance into the Project, and on
such portion of said Common Area as determined by Declarant, the Declarant may at any time erect
(and the Association as a common expense may thereafter maintain, repair and replace) such Project
entry and identification signs (and landscaping, fencing and improvements relating thereto) as Declarant
and the Association deem necessary and appropriate.
ARTICLE 13
TERM OF MASTER DECLARATION
13.1 Duration of Covenants. The covenants contained herein shall run with and bind the land for a
term of twenty (20) years from the date this Master Declaration is recorded, after which-time the
F:\wpnATA\cnor\icomicymiMAC TIC') rZ Ai12i0c io.io.,.,,\
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covenants shall be automatically extended for successive periods of ten (10) years, unless an instrument
executed in accordance with Section 13.2 below shall be recorded, abandoning or terminating this
Master Declaration.
13.2 Abandonment of Subdivision Status. The Association shall not, without the prior written
approval of the governmental entity having jurisdiction over the Project and without prior written
approval of one hundred percent (100%) of all first Mortgagees (based upon one vote for each first
Mortgage owned) and Owners(other than the sponsor, developer or Builder) of record, seek by act or
omission to abandon or terminate the subdivision status of the Project as approved by the governmental
entity having appropriate jurisdiction over the Project.
ARTICLE 14
AMENDMENT OF MASTER DECLARATION/PLAT
14.1 .Master Declaration Amendment. Amendments to the Master Declaration shall be made by an
instrument in writing entitled "Amendment to Master Declaration" which sets forth the entire •
amendment. Except as otherwise specifically provided for in this Master Declaration, any proposed
amendment must be approved by a majority of the Board prior to its adoption by the Owners.
Amendments may be adopted at a meeting of the Owners if the Owners having seventy-five percent
(75%) of the total voting power vote for such amendment, or without any meeting if all Owners have
been duly notified and the Owners having seventy-five percent (75%) of the total voting power consent
in writing to such amendment. In all events, the amendment when adopted shall bear the signature of
the president of the Association and shall be attested by the secretary, who shall state whether the
amendment was properly adopted, and shall be acknowledged by them as officers of the Association.
Amendments once properly adopted shall be effective upon recording in the appropriate governmental
offices. In addition to the amendments set forth in Article 17, any amendment to a provision of the
Master Declaration establishing, providing for, governing or regulating the following shall require the
consent of seventy-five percent (75%) of the mortgagees and the consent of the Declarant (so long as
Declarant owns any Lot or Homes): voting; assessments, assessment liens or subordination of such
liens; reserves for maintenance, repair and replacements of Common Areas; insurance or bonds; use
of Common Areas; responsibility for maintenance or repairs; expansion or construction of the Project
or the addition, annexation or withdrawal of property to or from the Project; boundaries of Lot or
Homes; converting of Lot or Homes into Common Areas or vice versa; leasing of Lot or Homes;
provisions for the benefit of the Declarant; provisions for benefit of first mortgagees, or holders,
insurers or guarantors of first mortgages; the interests in Common Areas; or imposition of any right
of first refusal or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a
Lot or Home; provided, that a mortgagee who fails to respond in writing within thirty (30) days of a
written request to approve an amendment shall be deemed to have approved the request. It is specifically
covenanted and understood that any amendment to this Master Declaration properly adopted will be
completely effective to amend any or all of the covenants, conditions and restrictions contained herein
which may be affected and any or all clauses of this Master Declaration unless otherwise specifically
provided in the section being amended or the amendment itself.
14.2 Plat Map. Except as otherwise provided herein, the Plat Map may be amended by revised
versions or revised portions thereof referred to and described as to effect in an amendment to the Master
Declaration adopted as provided for in Section 14.1. Copies of any such proposed amendment to the
Plat Map shall be made available for the examination of every Owner. Such amendment to the Plat Map
shall be effective, once properly adopted, upon having received any governmental approval required by
law and recordation in the appropriate city or county office in conjunction with the Master Declaration
r~.\xxinnnmn\r-nn- 1o)rnio)n1114" C
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to any other Common Assessments made against such Lot Owner.
16.2 Lot or Homes. Inthe event of damage or destruction by fire or other casualty to any Lot or
Home or other improvements to the Lot, the Owner shall, regardless of the amount or availability of
insurance proceeds, repair or rebuild such damage or destroyed portions of the Lot or Home and
improvements in a good workmanlike manner and in accordance with the provisions of the Master
Declaration.
ARTICLE 17
ANNEXATION AND WITHDRAWAL
17.1 Annexation by Declarant. Although not obligated to do so, Declarant reserves the right to
develop as a residential project Additional Lands which would be in addition to the land described in
Exhibit "A." Declarant may cause all or any portion of such Additional Lands to be annexed to the
existing Property without the assent of the members of the Association.
17.2 Non Declarant Annexations. Annexation of additional properties (other than Declarant
annexations provided for in Section 17.1 hereof) shall require the assent of two-thirds (2/3) of the
members of the Association attending a meeting duly called for this purpose, written notice of which
shall be sent to all members not less than thirty (30) days or more than sixty (60) days in advance of
the meeting setting forth the purpose of the meeting. At this meeting the presence of members or of
proxies entitled to cast sixty percent (60%) of the votes shall constitute a quorum. If the required
quorum is not forthcoming at any meeting, another meeting may be called subject to the notice
requirement set forth above and the required quorum at such subsequent meeting shall be one-half('/z)
of the required quorum of the proceeding meeting. No such subsequent meeting shall be held more than
sixty (60) days following the preceding meeting. In the event two-thirds (2/3) of the members are not
present in person or by proxy, members not present may give their written consent to the action taken
thereat. Until all Class B membership terminates, annexation of Additional Properties under this Section
shall also require the prior written approval of the Declarant.
17.3 Common Areas Within Divisions. Common Areas within a Division subsequently annexed to
the existing Property shall be available for the common use of all Owners of Lot or Homes within such
subsequently annexed Division as well as within the existing Property. Likewise, Common Areas within
the existing Property shall be available for the common use of all Owners of Lot or Homes within the
existing Property as well as within such subsequently annexed Divisions.
ARTICLE 18
MISCELLANEOUS
18.1 Delivery of Notices and Documents. Any written notice, or other document as required by this
Master Declaration, may be delivered personally or by mail. If by mail, such notice, unless expressly
provided for herein to the contrary with regard to the type of notice being given, shall be deemed to
have been delivered and received forty-eight (48) hours after a copy thereof has been deposited in the
United States mail, postage prepaid-, addressed as follows:
(a) If to an Owner, other than Declarant, to the registered address of such Owner, as filed in
writing with the Board pursuant to the requirements of the Bylaws.
(b) If to Declarant, whether in its-ca aci
p t as an Owner, or in anyother capacity, the address
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which Declarant shall have advised the Board in writing.
(c) Prior to the organizational meeting, notices to the Board shall be addressed to the address set
forth in (b) above. Thereafter, notices to the Board shall be addressed either to an address to be
posted by the Board at all times in a conspicuous place or to the registered office of the Association.
In addition, from and after the organizational meeting, notice of the address of the Association shall
be given by the Board to each Owner, within.a reasonable time after the Board has received actual
notice of such Owner's purchase of a Lot or Home.
18.2 Conveyances; Notice Required. The right of an Owner to sell, transfer, or otherwise convey his
Lot or Home shall not be subject to any right of approval, disapproval, first refusal, or similar
restriction by the Association or the Board, or anyone acting on their behalf. An Owner intending to
sell a Lot or Home shall deliver a written notice to the Board, at least two (2) weeks before closing,
specifying: the Lot or Home being sold; the name and address of the purchaser, of the closing agent,
and of the title insurance company insuring the purchaser's interest; and the estimated closing date. The
failure of an Owner to properly give such notice to the Board shall not invalidate the sale. The Board
shall have the right to notify the purchaser, the title insurance company, and the closing agent of the
amount of unpaid assessments and charges outstanding against the Lot or Home, whether or not such
information is requested.
18.3 Successor and Assigns. This Master Declaration shall be binding upon and shall inure to the
benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs,
personal representatives, grantees, lessees, sublessees and assignees of the Owners.
18.4 Joint and Several Liability. In the case of joint ownership of a Lot or Home, the liability of each
of the Owners thereof in connection with the liabilities and obligations of Owners, set forth in or
imposed by this Master Declaration, shall be joint and several.
18.5 Mortgagee's Acceptance.
18.5.1 Priority of Mortgage. This Master Declaration shall not initially be binding upon any
Mortgagee of record at the time of recording of said Master Declaration but rather shall be subject and
subordinate to said mortgage.
18.5.2 Acceptance Upon First Conveyance. Declarant shall not consummate the conveyance
of title of any Lot or Home until said Mortgagee shall have accepted the provisions of this Master
Declaration and made appropriate arrangements for partial release of Lot or Homes from the lien of said
Mortgage. The issuance and recording of the first such partial release by said Mortgagee shall constitute
its acceptance of the provisions of this Master Declaration and the status of the Lot or Homes remaining
subject to its Mortgage as well as its acknowledgement that such appropriate arrangements for partial
release of Lot or Homes has been made; provided, that, except as to Lot or Homes so released, said
mortgage shall remain in full effect as to the entire Property.
18.6 Severability. The provisions hereof shall be deemed independent and severable, and the invalidity
or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the
validity or enforceability of any other provision hereof.
18.7 Effective Date. The Master Declaration shall take effect upon recording.
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18.8 Governmental Right of Access. All governmental and quasi-governmental entities (including
without limitation public and private providers of utility services) shall have rights of access,
Maintenance and inspection for the open space area, any drainage facilities or utility systems contained
therein, or other matter of their respective jurisdiction.
18.9 Assessments Benefiting Some Lots or Homes. Notwithstanding the provisions of this Master
Declaration to the contrary, the Declarant shall have the right and power (including the making of
amendments to this Master Declaration) to provide that the cost of maintaining, repairing and/or
insuring certain Common Areas and improvements thereto, which are primarily of benefit to or used
by only some of the Lots or Homes within the project, shall be paid in equal shares only by the Lots
and Homes which primarily use or benefit from such Common Areas and improvements. Such
Common Areas and improvements to which this section applies include, without limitation, trees planted
along streets within certain segments or divisions within the Project.
IN
WITNESS WHEREOF, Declarant has executed this Master Declaration the day and year first
hereinabove written.
DECLARANT:
G.M. Assoc`y �..//dreat4,� A nership
By:
STATE OF WASHINGTON )
) ss.
COUNTY OF /�//2
ET )
On this dayQ 1
z9of /'7 1995 before me, the undersigned,
_, a Notary Public in and for the State
of Washington, duly commissioned and sworn, personally appeared Richard A. Gilroy, to me personally
known (or proven on the basis of satisfactory evidence) to be a Partner of G. M. Associates, the
partnership that executed the within and foregoing instrument, and acknowledged said instrument to be
his free and voluntary act and deed, as partner, for the uses and purposes therein mentioned.
WITNESS my hand and seal hereto affixed the day and year in this certificate above written.
OTARY PU:LIC in and for the State of
Washington, residing in la.//ewi,_.
My commission expires: /-2/-97.
Print Notary Name:Ayijrlc ecopee %6iE.2e45
F:\WPDATA\CDOC\1920\19241MAS.DC2 28 6/28/95 (3:05pm)
MASTER DECLARATION OF
4
COVENANTS, CONDITIONS AND RESTRICTIONS •
OF
THE ORCHARDS
Exhibit A -Legal Description
A PARCEL OF LAND IN THE SOUTHWEST QUARTER OF SECTION 10, TOWNSHIP
23 NORTH, RANGE 5 EAST W.M. , KING COUNTY, WASHINGTON, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 10;
THENCE SOUTH 00°25'13" EAST ALONG THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 10 A DISTANCE OF 327.95 FEET;
THENCE SOUTH 88°17'54" EAST 30.02 FEET TO THE POINT OF BEGINNING,
SAID POINT LYING ON THE EAST MARGIN OF UNION AVENUE NORTHEAST;
THENCE SOUTH 00°25'13" EAST ALONG SAID EAST MARGIN 327.97 FEET TO
THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 10;
THENCE SOUTH 88°15'47" EAST ALONG SAID SOUTH LINE 621.23 FEET TO
THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 10;
THENCE SOUTH 00°16'39" EAST ALONG SAID WEST LINE 686.66 FEET;
THENCE SOUTH 88°11'32" EAST 178.85 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 480.00 FOOT RADIUS CURVE TO THE LEFT;
THENCE EASTERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL ANGLE
OF 08°04'35" AN ARC DISTANCE OF 67.66 FEET;
THENCE NORTH 83°43'54" EAST 150.00 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT;
THENCE EASTERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL ANGLE
OF 08°04'35" AN ARC DISTANCE OF 59.20 FEET;
THENCE SOUTH 88°11'32" EAST 194.74 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 420.00 FOOT RADIUS CURVE TO THE RIGHT;
THENCE EASTERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL ANGLE
OF 08°04'35" AN ARC DISTANCE OF 59.20 FEET;
THENCE SOUTH 80°06'57" EAST 150.00 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 480.00 FOOT RADIUS CURVE TO THE LEFT;
THENCE EASTERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL ANGLE
OF 08°04'35" AN ARC DISTANCE OF 67.66 FEET;
THENCE SOUTH 88°11'32" EAST 309.39 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 25.00 FOOT. RADIUS _CURVE TO THE RIGHT;
THENCE SOUTHEASTERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL
ANGLE OF 88°12'49" AN-ARC DISTANCE OF 38.49 FEET TO A POINT OF
CUSP AND THE WEST MARGIN OF DUVALL AVENUE NORTHEAST;
THENCE ALONG SAID WEST
MARGIN THE FOLLOWING FIVE COURSES:
THENCE NORTH 00°01'17" EAST 287.56 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 1558.00 FOOT RADIUS CURVE TO THE LEFT;
THENCE NORTHERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL
ANGLE OF 07°00'00" AN
ARC DISTANCE OF 190.35 FEET;
THENCE NORTH 06°58'43" WEST 214.56 FEET TO A POINT OF CURVATURE
AND THE BEGINNING OF A 1642.00 FOOT RADIUS CURVE TO THE RIGHT;
THENCE NORTHERLY ALONG SAID CURVE, PASSING THROUGH A CENTRAL
ANGLE OF 07°00'00" AN ARC DISTANCE OF 200. 61 FEET;
THENCE NORTH 00°01'17" EAST 451.34 FEET TO THE SOUTH MARGIN OF
SOUTHEAST 120TH STREET;
THENCE NORTH 88°20'00" WEST ALONG SAID SOUTH MARGIN 1213.86 FEET
TO THE WEST LINE OF THE EAST HALF OF THE NORTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SAID SECTION 10;
THENCE SOUTH 00°16'39" EAST ALONG SAID WEST LINE 298 . 30 FEET TO
THE NORTH LINE OF THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 10;
THENCE NORTH 88°17'54" WEST ALONG SAID NORTH LINE 622. 03 FEET TO
THE POINT OF BEGINNING.