HomeMy WebLinkAboutRC 9305191793 � j 2 �,a�
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- DECLA�TION OF COVENANTS, CONDITIONS, REST�tICTIONS,
- AND EASEMENTS �
FOR SUMMERWIND DIVISION NO. 6
THIS I�ECLARATION is made on this�day of � , 1�by the undersigned("Declarant")who
is the owner of certain rcal property sit ated in the State of Washington, located in
and known as Summenvind Division No. 6, which property is more specifically described in Exhibit A, which is attached
hereto and incorporated herein by this reference.
DESCRIPTION OF DECI�iRA TION
Declacant desires to develop Sununern�ind Divisioii No. 6 as a residential commwiity. Declarant also desires to provide for the
maintc;nance of landscaping, fencing, and related items,and also for maintenance of the Storm Water Retention Facility until such time
as U�e City of Renton adopts an ordinance providing for public maintenance of said facilities. '
T1iis lleclaration establishes a plan for the private o«nership of lots and the buildings constructed thereon, for the dedication of ceriain
areas to municipal cocporations, and for tlie beneficial maintenance through a homeowners association of all the remaining land and
related easements,hereafter defined and refetred to as the "Common Areas". The homeowners association is the Sunimerwii�d Di►�ision
No. 6 Ilouieori�ners Associatio�i ("Association"), to which shall be delegated and assigned the duties and }wwers of maintaining and
administering the Conunou Areas, administering and enforcing these covenants, conditions, and restrictions, and collecting and
disbursing the assessments and charges hereinafter created.
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Q� NOW, THEREFORE, Declarant hereby covenants, aorees, and declares that all of Snmuienrind Dirision No. 6, as defined herein and
� described in Exhibit A hereto, mid lhe buildings and stnictures hereaRer constn�cted thereon are, and will tk, held, sold, and conveyed
Tsubject to and burdened by the following covenants,conditions,restrictions,and easemeuts,all of which are lor the purpose of eiiliancing
= nnd protecting the value, desirability, and attractiveness of Sui►unermind Diri.sion No. 6 for the benefit of die O��mers thereof, their
j.n heirs,successors,grantees,and assigns. All provisio�is of tliis Declaration shall br;binding upon all parties having or acquiring any right,
� title, or interest in Sununenrind Dirisioie No. 6 or any part thereof; and shall inure to the benefit of the O�tiners tliereof and to the
� benefit of the Association and are intended to be and shall in all respects be regarded as covenants rumiing with the land.
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ARTICLE l - DEFINITIONS
Section 1.1-Architectural Control Committee
"Architectural Control Committee" shall mean and refer to the duly appointed Conmiittee of the Association as fiirther described in
Section 2.7 and as sometimes refeired to herein as the"Conunittee".
Section 1.2-Association
"Association"shall meln and refer to the Si�mmenrind Dirision R'o. 6 llo�neoirners,4ssociution, its successors and assigns.
Section 1.3-Association Action
"Association Action"shall niean and refer to a writteu corporate action of the Associatiou iu the fonn of eitlier a bylaw or resolution duly
passed by either the Board or the Ow�iers.
Section 1.4-Board
"Board"shall mea�i and refer to the board of directors of tlie/�ssociatioii.
Scction 1.5-Building Setback Line
"Building Setback Line" shall mean and reler to the various lines designated as "l3SBL"on the face of the final plat, short plat, or other
analogous recorded plan or map, be:Vond��hich no stnictures, filling, graJing or other obstructions are �rniitted as set forth in Section
5.2 hereof.
Section 1.6-Common Arcas
"Conm�on Areas" shall mean and refer to all easeme�its, and Tracts and any improvements thereto that are owned or maintained by the
Association,for the benefit of the Lot O�mers,and subjected to this Declaration by an appropriate recording. Tracts reserved for access
to a particular Lot or Lots and not o�med by the Association shall not be considered part of the Common Areas. The Common Areas in
Summer►nind Division No. 6 are listed i�i Etliibit B�vhich is attached hereto and incorporated herein by this reference. The Declarant
may add to the Cottuuon Areas during the Development Period by recordino an amendment to Qlis Declaration or by recording a
Supplementary Declaration. '
DECLARATION OF COVENANTS
,Summenvind Division No. 6
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Section 1.7-Declarant
"Declarant" shall mean and refer to JAMES E. DAVIS AND LORRAINE M. DAVIS, their successors and assigns if such successors or
� assigns should acquire all or substantially all of the then-undeveloped portions of SusunerN�ind Dii�isioii No. 6 from Declarant for the
purpose of development(eacluding Participating Builders).
Section 1.8-Declaration
"Declaration"shall mean and refer to this instnunent,as the same may be supplemented or amended Yrom time to time.
Section 1.9-Development Period
"Development Period" shall mean and refer to that period of time beginning on the date of diis Declaration and ending whenever any of
the following first occurs:
(i)four(4)years from the date hereof,or
(ii) upon receipt of written notice from Declarant to the Association in which Declarant elects to terminate the
Development Period.
Section 1.10-Governing Documents
"Governing Documents" shall mean and refer to this Declaration, Supplementary Declarations, and die niles and regulations, and rules
and procedures of the Architectural Control Conunittee as any of the foregoing may be amended from time to time.
Section 1.11 -Summenvind Di��ision No. 6
"Srunmenrind Dii�ision No. 6" shall mean and refer to that certain real property kno�i�i as Sumniern�ind Divisiou No. 6 whic}t is legally
described on E�thibit A attached her�to,and suclt additions thereto as may hereafter tx:brought within the tenns and conditions hereof by
an appropriate recording.
Section L 12-Lot
"Lot"shall mean and refer to any legally segmented and alienable portion of Su�nnienvind Division No. 6 created ttuough subciivision or
� auy other legal process for dividing land and subjected to tltis Declaration by a�i appropriate recording, witli the exception of dedicated
m rights of way and Tracts designed as Conunon Areas or reserved for access to a particiilar Lot or Lots.
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Section 1.13-Mortgagc
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"Mortgage" shall mean and retcr to any recorded mortgage or deed of trust encumbenng one or more oC q�e Lots. "First Mortgage" shall
� mean and refer to a Mortgage with prioritv over oUier Mortgages. °Mortgagee° shall mcan and refer to thc holder or beneficiary of any
`� Mortoage and sltall not be limited to Instittttional Mortgagees. As «sed herein, the tenn "utstitutional Mortgagee" or "v�stitutional
� I-Iold�r" shall include banks, tnist com anies, insurance com �mes, mort aoe com�anies, mort a e insurance com anies, savin s and
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loan associations, trusts, mutual savings ba�iks, credit unions, pension funds, Fedcral National Mortgage Association, Federal Home
Loan Mortgage Corporation,all corporations,and any agency or department of the Uiiited States Govenunent or of any state or municipal
govenwient.
Section 1.14-Owner
"Oti�ter" shall mean and refer to the record ow�ier(whether one or more persons or entities) of a fee interest in any Lot, including the
Declarant and Participating Builders but excluding Mortgagees or other persons or entities having stich interest merely as security for the
perforniance of any obligation. Purchasers or assignees under recorded real estate coutracts shall be deemed O�vners as against their
respc;ctive sellers or assignors.
Section 1.15-Participating Buildcr
"Participating Builder" shall mean and refer to a person or entit� that acquires a portion of Snnunenrind Diri.sion No. 6 for the purpose
of improving such portion for resale to individual 0����crs.
Section 1.16-Phase
"Pltase" shall mean and refer to any portion of S�u►uneni�ind Di��ision �'o. 6 that is subjected to this Declaration from time to time by
Declarant by an appropriate recording.
Section 1.17-Single Family
"Single Family"shall mean and refer to a single housekeepittg unit that includes iiot more than 4 adults�vho are legally unrelated.
Section L18-Supplementary Declaration
"Supplementary Declaratiou" shall mean�nd refcr to anv recorded dcclaration ol covenants,conditions, restrictions and easements which
extcnds the provisions of this l�eclaration to a Nhasc.
DECLARATION OF COVENANTS
Summenti�ind Division No. 6
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Section 1.19-Tract
"Tract"shall mean and refer to any legally segmented and alienable portion of Sumn�erwind Divuio�i No. 6 created tluough subdivision
' or any other legal process for dividing land and subjected to this Declaration by an appropriate recording,with the exception of Lots and
dedicated rights of way.
. ARTICLE 2- SUMMERWIND DIVISION NO. 6 HOMEOWNERS ASSOCIATION
Section 2.1-Description of Association
The Association is vested with the powers prescribed by law and set forth in the governing Documents, as they may be amended from
time to time;provided,however,that no Governing Documents other than this Declaration shall for any reason be amended or otherwise
changed or intetpreted so as to be inconsistent with this Declaration
Section 2.2-Association Board
During the Development Period the Declarant shall manage the Association and shall have all the powers of the Board set forth herein.
The Declarant may, from time to time, select a temporary board of not fewer than 3 persons who need not be owners to manage the
Association during the Development Period. The Temporary board shall have the full authority to manage the Association under the
Goveming Documents and shall be subject to ail provisions of the Governing Documents; provided that, after selecting a temporary
board,Declarant may at any time tenninate the temporary board and reassume its management authority under this Section 2.2 or select a
new temporary board. Upon termination of the Development Period,the terms of the temporary Board selected by the Declarant, if any,
shall terminate and the Board shall manage the Association as provided herein. The Board shall be elected from among the Owners,as
provided in the Bylaws of the Association. The Board shall elect officers of die Association from among the Board members,which shall
include a president who shall preside over meetings of the Board and meetings of the Association.
Section 2.3-Votes Appurtenant to Lots
� Every Owner shall be a member of the Association and shall be entitled to cast one vote in the Association for each Lot owned. A vote
� shall be appurtenant to and held and owned in the same manner as the beneficial fee interest in the Lot to which it relates. A vote shall
not be separated from ownership of the Lot to which it relates;provided, however, that when more than one entity holds the beneficial
T fee interest in any Lot,the vote therefor shall be cast as the Owners among themselves determine, but in no event shall more than one
'— vote be cast with respect to any Lot;and if the several Owners of a Lot are unable to agree as to the casting of their vote,such vote shall
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� not be counted. If a Lot is further subdivided as provided in Section 5.1 hereof, the Owner of each additional Lot created shall be
� entitled to one vote in the Association for each Lot owned.
� Section 2.4-Initial Number of Votes;Additional Phases
From the commencement of the existence of the Association there shall be a total of ei ht 8 outstandin votes in the Association.
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During the Development Period, tlie Declarant shall be entitled to cast eight (8) votes, less one vote for each Lot then owned by an
Owner other than Declarant. Upon the addition of additional Phases to Sunii►iern�ind Division No. 6 during the Development Period as
provided in Section 9.1 hereof, Uie number of votes in the Association shall be adjusted to reflect the increased number of lots, and
Declarant shall be entitled to cast all such votes,less one for each such Lot owned by an Owner other than the Declarant.
Section 2.5-Owner's Compliance with Governing Documents
By acceptance of a deed to a Lot, recording of a real estate contract conveying title to a Lot, or any other means of acquisition of an
ownership interest,the Owner thereof covenants and agrees,on behalf of himself and his heirs, successors, and assigns, to observe and
comply with ali terms of the Governing Documents and all rules and regulations duly promulgated pursuant to Association Action.
Section 1.6-Rules and Regulations
The Board on behalf of the Association sliall have the power to adopt, modify, and amend rules and regulations governing the use of
Sunemerrvi»d Division No. 6, provided that such rules and regulations shall not be inconsistent with this Declaration. The rules and
regulations shall supply uniformly to all Owners,except as specifically provided herein. The Board shall have the power to enforce the
rules and regulations on behalf of Uie Association and may prescribe penalties for the violation of such rules and regulations, including
but not limited to suspension of the right to use the Common Areas or portions thereof. Any such rules and regulations shall become
effective 30 days after promulgation and shall be mailed to all Owners prior to their effective date. A copy of the rules and regulations
then in force shall be retained by the secretary of the Association. The Declarant on behalf of the Board may adopt the initial rules and
regulations.
Section 2.7-Architectural Control Committee
WiUiin thirty(30)days of the execution of this Declaration, Declarant shall appoint an Architectural Control Committee of one (1) or
more persons. The members of the Committee need not be members of the Association. If the Committee has more than one member,
one member of the Committee shall be appointed for a term of one(1)year, one member shall be appointed for a term of two(2)years,
and the third member shall be appointed for a tenn of three (3) years. Thereafter, members of the Committee shall be appointed for
DECLARATION OF COVENANTS
Summenvind Division No. 6
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_ three-year tenns. After termination of the Development Penod,the Committee shall consist of three(3)or more persons and the Board
shall appoint members to the Committee,who need not be members of the Association,as vacancies occur.
' Section 2.7.1-Jurisdiction and Purpose
The Committee shall review proposed plans and specifications for construction of all residences and other structures within
. Summer»�ind Division No. 6, and including any additions, exterior alterations, landscaping, clearing, painting and excavation. The
Owner shall submit architectural and landscaping plans and specifications to the Committee for its review,together with a site plan for
the Lot showing the location of the drain field. It shall be the obligation of each owner to be familiar with the rules and procedures of the
Conunittee.
Section 2.7.2-Approval Procedures
A preliminary application for approval must be submitted in writing by the Owner to the Committee at the registered of�"ice of the
Association. Within fifteen(15)days following receipt of a preliminary application,the Committee shali notify the Owner in writing as
to whether the application is complete and, if not,of any additional infonnation that may be required before the Committee can review
the application. The application must,in forni and substance,compiy with the Committee's rules and procedures. The Committee shall
review the application in accordance with the provisions of this Section 2.7 as soon as possible after a complete application has been
filed. The decision of a majority of the members of the Committee shall be the decision of the Committee. One copy of approved plans
will remain in the Committee's files. All disapproved plans will be returned to the Owner.
Section 2.7.3-Failure of Committee to Take Action
Except as provided in Section 2J.5 below, in the event that the Coimnittee fails to respond to an Owner's complete and properly
submitted application within riventy (20) days after the Conunittee has notified the Owner tliat the application is complete, fornial
written approval will not be required,and the provisious for approval shall be deemed to have been fully complied with provided that the
minimum requirements as set forth herein have been met.
Section 2.7.4. -Committee's Obligation
' Cn The Committee,in its deliberations and in the discharge of its obligations hereunder,shall act objectively and fairly in inaking decisions
Q'� concerning various plans, specifications, plot plans and landscape plans submitted to it by various Owners for consideration in
� accordance with the provisions of this Declaration. Further, the determinations of the Conunittee as to noncompliance shall be in
� writing, signed by the Committee, and shall set forth in reasonable detail the reason for noncompliance. The Committee may approve,
_ approve with conditions,or disapprove an application or any part thereof. I�i all cases, the ultimate responsibility for satisfying all local
� building codes and goverrunental requirements rests with tl�e Owner. The Conunittee sliall be held harniless from building requirements
u not complied with.
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� Section 2.57-Exemptions and Variances from Committee Requirements
T'he Committee may, upon application, grant exemptions and variances from the niles and procedures of the Corcunittee and the
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requuements of this Declaration when the party requestmg such exemphon or anance establishes to the satisfaction of the Committee
that the improvement or other matters which are desired by the applicant are aesthetically as appealing,suited to climatic conditions,and
compatible with the overall character of the development as are similar improvements or matters which conform to the requirements of
fliis Declaration. Requests for an exemption or variance shall be submitted in writing to the Committee and shall contain such
information as the Committee shall from time to time require. The Committee shall consider applications for exemption or variance and
shall render its decisions within thirty(30)days after notice to the Owner of proper submission. The failure of the Committee to approve
an application for an exemption or variance shall constihite disapproval of such application.
Section 2.7.6-Failure of Owner to Comply
Failure of the Owner to comply with Uie niles and procedures of the Conunittee or the final application as approved by the Committee
shall,at the election of the Association's Board exercised after thirty(30)days�vritten notice to such Owner,constitute a violation of this
Declaration. In that event,the Board shall be empowered to assess a penalty commensurate with the violation which shall constitute a
lien against such Lot, enforceable as provided herein and/or pursue any other remedy at law including, but not limited to an action for
specific performance.
ARTICLE 3-ASSOCIATION BUDGET,ASSESSMENTS, AND LIENS
Section 3.1-Owner's Covenants to Pay Assessments
By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on behalf of himself and his heirs,
successors,and assigns,to pay the Association,in advance,all general and specific assessments levied as provided herein.
Section 3.2-Association Budget
The Association 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
Association,to meet its annual costs and expenses, including but not limited to all management and administration costs, operating and
DECLARATION OF COVENANTS
Summenvind Division No. 6
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� maintenance expenses of the Common Areas,and services furnished to or in connection with the Common Areas, including the amount II,
of all taxes and assessments levied against,and the cost of liability and other insurance on,the Common Areas,and including charges for I
. any services furnished by or to the Association;the cost of utilities and other services;and the cost of funding all reserves established by I
the Association. The funds required to meet the Association's annuai expenses shali be raised from a general assessment against each �
Owner as provided hereafter. The Association may revise the operating budget after its preparation at any time and from time to time,as I
it deems necessary or advisable in order to take into account and defray additional costs and expenses of the Association.
Section 3.3-Levy of General Assessment
In order to meet the costs and expenses projected in its operating budget,the Association shall by Association Action determine and levy
in advance on every Owner a general assessment. The amount of each Owner's general assessment shall be the amount of the
Association's operating budget divided by the sum of the number of Lots. The Association shall make reasonable efforts to determine the
amount of the general assessment payable by each owner for an assessment period at least 30 days in advance of the beginning of such
period and shall at that time prepare a roster of the Owners and the general assessment allocated to each, which shall be open to
inspection by any Owner upon reasonable notice to the Association. Notice of the general assessment shall thereupon be sent to each
Owner;provided,however,that notification to an Owner of the amount of an assessment shall not be necessary to the validity thereof.
The omission by the Association,before the expiration of any assessment period,to fix the amount of the general assessment hereunder
for that or the next period,shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release by any
Owner from the obligation to pay the general assessment,or any installment thereof, for that or any subsequent assessment period, but I
the general assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the
Association of the operating budget dwing the assessment period for which such budget was prepared,the Association shall,if necessary,
revise the general assessment levied against the Owners and give notice to each Owner.
Section 3.4-Payment of General Assessment
Upon Association Action, installments of general assessments may be collected on a monthly, quarterly, semi-annual, or annual basis.
Any Owner may prepay one or more installments on any assessment levied by the Association without penalty.
Section 3.5-Nondiscriminatory Assessment
�' EYcept as provided Section 5.15 hereof, no assessment shall be made at any time �vhich may unreasonably discriminate against any
� particular Owner or group of O�vners in favor of other O�vners. However,a special assessment may be made against a particular Owner
� by a two-thirds majority vote of the Board if,after notice from the Association of failure to maintain suclt Lot in a condition comparable
(,T to the other Lots has been given,the Association elects to expend funds to bring such Owner's Lot up to such comparable standard.
{,j') Section 3.6-Commencement of Assessments
� Liability of an Owner for assessments shall commence on the first day of the month following the date upon which any instrument of
� transfer to such Owner becomes operative(such as the date of a deed or the date of a recorded real estate contract for the sale of any Lot
or, if earlier, the first day of the calendar month following Owner's occupancy of such Lot); provided however, that a Participating
Builder shall not be liable for any assessments with respect to a Lot acquired from Declarant for a period of one year from the date of
acquisition. The Declarant, its successors and assigns,shall not be liable for any assessments with respect to any Lot unless such Lot is
occupied. The Association may in its niles and regulations provide for an administratively convenient date for commencement of
assessments that is not more than 90 days after the effective date established above. The due dates of any special assessment payments
shall be fixed by the Association Action authorizing such special assessment.
Section 3.7-Certificates of Assessment Payment
Upon request,the Board shall furnish�vritten certificates certifying the eYtent to which assessment pa}nnents on a specified Lot are paid
and current to the date stated therein. A reasonable charge may be made by the Association for the issuance of such certificate.
Section 3.8-Special Assessments
In addition to the general assessments authorized by Uiis Article,the Association may,by Association Action, levy a special assessment
or assessments at any time,applicable to that year only,for the purpose of defraying, in whole or in part,the cost of any construction or
reconstruction, inordinate repair, or replacement of a capital improvement located upon or forming a part of the Common Areas,
including necessary fixtures and personal property related tltereto,or for such other purpose as the Association may consider appropriate;
provided, however, that any such special assessiuent in eacess of$2S0 per Lot must have the prior favorable vote of two-thirds of the
Owners.
Section 3.9-Effect of Nonpayment of Assessment
If any assessment payment is not made in fiill within 30 days after it was first due and payable,the unpaid amounts shall constitute a lien
against the Lot assessed and shall bear interest from such date at a rate set by the Board in its rules and regulations which shall not
exceed the highest rate then permitted by law. By acceptance of a deed to a Lot,recording of a real estate contract therefor,or any other
means of acquisition of an ownership interest, and whether or not it shall be so expressed in any such deed or other instrument, each
Owner shall be deemed to grant thereby to the Association, its agents and employees,and to Declarant during the Development Penod,
the right and power to bring all actions against such Owner personally for the collection of such assessments as a debt,and to enforce the
DECLARATION OF COVENANTS
Sumn:envind Division No. 6
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liens created by this Declaration in favor of the Association by foreclosute of the continuing liens in the same form of action as is then
provided for the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the benefit of the
. Association,and the Association shall have the power to bid at any lien foreclosure sale and to acquire,hold,lease,mortgage,and convey
the Lot foreclosed against.
Section 3.10-Lien to Secure Payment of Assessments
Declarant hereby creates in the Association perpetually the power to create a lien in favor of the Association against each Lot,to secure
to the Association the payment to it of all assessments, interest, costs, and attorneys' fees; and Declarant hereby subjects all Lots
perpetually to such power of the Association. Such lien shall arise in accordance with the terms of this Declaration without the necessity
of any further action by the Association,and any such lien when created,shall be a security interest in the nature of a mortgage in favor
of the Association. Such lien shall become a continuing lien in the amount stated in the assessment from the time of the assessment,but
expiring pro rata as the assessment payments are made,and shall also be the personal obligation of the person or entity who is the Owner
of the Lot at the time of the assessment. The personal obligation to pay a prior assessment shall not pass to successors in interest unless
expressly assumed by them; provided,however, that in the case of a sale or contract for the sale of any Lot which is charged with the
payment of an assessment,the person or entity who is the Owner immediately prior to the date of such sale shall be personally liable for
the amounts of the monthly installments due prior to said date, and the new Owner shall be personally liable for monthly installments
becoming due on or after such date. The foregoing limitation on the duration of the personal obligation of an Owner to pay assessments
shall not,however,allect the validity or duration of the continuing lien for unpaid assessments against the respective Lot.
Section 3.11-Suspension for Nonpayment of Assessment
If an Owner shall be in arrears in the payment of any assessment due,or shall othenvise be in default of the perfonnance of any terms of
the goveming Documents of the Association for a period of 30 days,said O�vner's voting rights shall without the necessity of any further
action by the Association, be suspended (eacept as against foreclosing secured paRies)and shall remain suspended until all payments,
including interest thereon, are brought cturent and any other default is remedied. No Owner is relieved of liability for assessments by
nonuse of the Common Areas or by abandomnent of a Lot.
Section 3.12-Reserves for Replacement
As a common expense, the Association shall establish and maintain a reserve fund for replacement of the Conunon Areas and any
improvements thereon. Such fund shall be deposited with a banlcing institution. The reserve fund shall be expended only for the purpose
("�' of ef�ecting the replacement of the Common Areas and any improvements and community facilities thereon, major repairs to any
� sidewalks,parking areas, or pathways developed as a part of Sununen+�ind Division No. 6, equipment replacement, and for operating
_ contingencies of a nonrecurring nature. The Association may establish such other reserves for such otlier purposes as it may from time to
� time consider to be necessary or appropriate. The proportional interest of any Owner in any such reserves shall be considered an
— appurtenance of his Lot and shall not be separately withdrawn,assigned,or transferred from the Lot to which it appertains.
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Q Section 3.13-Certain Areas Exempt
� The Tracts and all portions of Sumnienrind Diti�ision No. 6 dedicated to and accepted by the City of Renton or other public authority
shall be exempt from assessments by the Association.
ARTICLE 4 - SUBORDINATION OF LIENS
Section 4.1-Intent of Provisions
The provisions of this Article 13 4 apply for the benefit of each Mortgagee who lends money for purposes of construction or to secure the
pa}ment of the purchase price of a Lot.
Section 4.2-Mortgagee's Nonliability
The holder of a Mortgage shall not,by reason of its security interest only,be liable for the payment of any assessment or charge, nor for
Ute observance or perfonnance of any covenant or restriction, excepting only those enforceable by equitable relief and not requiring the
payment of money,and eacept as hereafter provided.
Section 4.3-Mortgagee's Rights During Foreclosure
During foreclosure of a Mortgage, including any period of redemption, the holder of the Mortgage may exercise any or all of the rights
and privileges of the Owner of the encumbered Lot,including but not limited to the right to vote in the Association to the exclusion of the
Owner's exercise of such rights and privileges.
Section 4.4-Mortgagee as Owner '
At such time as a Mortgagee shall become the record Owner of the Lot previously ettcumbered by the Mortgage,the Mortgagee shall be
subject to all of the terms and conditions of this Declaration, including the obligation to pay for all assessments and charges in the same
maimer as any Owner.
DECLARATION OF COVENANTS
Sunrmenvind Division No. 6
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Section 4.5-Mortgagee's Title Free and Clear of Liens
A Mortgagee or other secured party acquiring title to a Lot through foreclosure,deed in lieu of foreclosure, or equivalent method, shall
� acquire title to the encutnbered Lot free and clear of any lien authorized by or arising out of the provisions of this Declaration,insofar as
such lien secures the payment of any assessment due but unpaid before the final conclusion of any such proceeding, including the
expiration date of any period of redemption. The Association may Ueat any unpaid assessments against a Lot foreclosed against as an
eapense of the Association pursuant to Section 3.2
Section 4.7-Subordination of Assessment Liens
The liens for assessments provided for in this Declaration shall be subordinate to the lien of any first Mortgage or other security interest
placed upon a Lot as a construction loan security interest or as a purchase price security interest,and the Association will,upon demand,
execute a written subordination document to confirm such priority. The sale or transfer of any Lot or of any interest therein shall not
affect the liens provided for in this Declaration except as othenvise specifically provided for herein,and in the case of a transfer of a Lot
for puiposes of realizing a security interest, liens shall arise against the Lot for any assessment payments coming due after the date of
completion of foreclosure.
ARTICLE 5- USE COVENANTS, CONDITIONS,AND RESTRICTIONS
Section 5.1-Authorized Uses
Lots in Summerwind Division No. 6 shall be used solely for residential piuposes and related facilities nonnally incidental to a
residential community. During the Development Period,no Lot shall be further subdivided without Declarant's prior written approval.
Thereafter,no Lot shall be further subdivided,except as pernlitted in this Declaration and any Supplemental Declaration, without prior
approval conferred by Association Action.
Section 5.2-Approval of Building or Clcaring Plans Required
No building, fence, deck, patio, wall, keimel, or other structure shall be commenced, erected, or maintained upon a Lot or any other
portion of Suntmenrind Dirisios No. 6, nor shall any eaterior addition to or change or alteration therein be made, nor shall a Lot be
� cleared or excavated for use,nor shall any tree of 12 inches or more in diameter on any Lot, measured one foot above ground level, be
m cut,until after ttte details and written plans and specifications showing the nature, kind, shape,height,materials,colors,and location of
�, the same shall have been submitted to and approved in writing by the Architectural Control Committee. Any cutting or removal of trees
._ from any lot shall be done only in full compliance wiUi the City of Renton tree cutting ordinance,a copy of which is attached hereto as
T Ea:hibit C. Any structure so approved must be completed as to external appearance, including finished staining, within six(6)months
� after the date construction is commenced unless the Committee elects to grant an extension. Although the Committee shall have full
� authority to approve or disapprove of any specific proposal, the following restrictions shall apply to Su�►uner►nind Di��ision No. 6 in
� general:
� Section 5.2.1-Building Setbacks
No structures,filling,grading or obstruction,shall be perniitted br:yond Uie Building Setback Line,or withi�i any drainage easement area
as shown on the face of the final plat unless otherwise approved by the Cormnittee and by the City of Renton.
Section 5.2.2-Building Materials
Each home constructed on a Lot shall be built of new ntaterials except,with approval of the Architectural Control Committee,decorative
items such as used brick,weathered planking, and similar items. All visible masonry shall be native stone,brick or stucco. Types and
colors of exterior paint and stain must be submitted to the Conunittee for approval.
Section 5.2.3-Landscaping and Fencing
Front yards shall be fully landscaped within sir (6)months after the date construction of the home co�runences unless extended by the
Committee. Side yards and rear yards shall be landscaped or left in their natural state. No trees outside the building footprint which are
greater than twelve(12)incltes in diameter wlien measured one foot above ground shall be cut without the approval of the Committee.
No fence erected within Su�iiuienrind Di��ision No. 6 shall be over six (6) feet in height. All fences, open and solid, are to meet d�e
standards set by the Conunittee and must be approved by the Committee prior to construction.
Section 5.2.4-Floor Area
Only one Single Family home shall be pennitted on each Lot. Two story or split level homes shall include no less than 2500 gross square
feet of living space. One story homes shall include no less than 2300 gross square feet of living space.
Section 5.2.5-Contractor
No home may be constructed on any Lot by other than a contractor licensed as a general contractor under the statutes of the State of
Washington without the prior approval of the Architectural Control Committee.
DECLARATION OF COVENANTS
Summenvind Division No. 6
��o�.�
Page-7
Section 5.2.6-Driveways
All driveways and parking areas shall be paved with exposed aggregate concrete,or other material approved by the Architectural Control
� Committee.
Section 5.3-Leasing Restrictions
No Lot may be leased or rented by any party for a period of fewer than 30 days, nor shall less than the whole of any Lot be leased or
rented. Each lease or rental agreement shall be in writing and shall by its terms provide that it is subject in all respects to the provisions
of the Governing Documents. Any failure by a lessee to comply with the tenns of the governing Documents shall be a default under the
lease,whether or not it is so expressed therein. Other than the foregoing,there is no restriction on the right of any Owner to lease his
Lot.
Section 5.4 Animals
No animals, livestock, or poultry of any kind shall be raised, bred, or kept; provided, however, that dogs, cats or other conventional
, household pets may be kept if they are not kept,bred,or maintained for any commercial putposes. No domestic pet may be kept if it is a
source of annoyance or a nuisance. The Association shall have the authority to deterniine whether a particular pet is a nuisance or a
sowce of annoyance, and such deterniination shall be final and conclusive. Pets shall be attended at ali times and shall be registered,
licensed,and inoculated from time to time as required by law. When not confined to the Owner's Lot,pets within Summer►�z�id Division
No. 6 must be leashed and accompanied by a person responsible for cleaning up any animal waste.
Section 5.5-Commercial Uses
No conunercial enterprise, including itinerant vendors, shall be pennitted on any Lot; provided, however, that the Association may, by
adopting rules and regulations, pennit speciGed home occupations to be conducted if such occupation will not, in the reasonable
judgment of the Association,cause traffic congestion or other disruption of the Sunin�eni�i»d Divisioii No. 6 community; and provided
further that no signs or advertising devices of any character shall be permitted.
Section 5.6-Vehicle Storage
� No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be pennitted in
� open view from any Lot, except this shall not exclude temporary (less than 24 hours) parking of vehicles on the designated driveway
� areas adjacent to garages on the Lots. Upon 48 hours notice to the owner of an improperly parked or stored vehicle, boat, or other
', T equipment,the Association has authority to have removed at the Owner's expense any such items visible from the street that are parked
� on any Lot or witttin the public right-of-way for more than 24 hours.
ll�
O Section 5.7-Garbage
�
� No garbage,refuse,or rubbisli shall be deposited or lett in Sunu►eeni�ind Dirision No. 6, unless placed in a suitable covered container.
Trash and garbage containers shall not be penuitted to remain in public view except on days of trash collection. No incinerator shall be
kept or maintained,and no buniing of any trash,refuse,or scrap of airy kind shall be perniitted.
Section 5.8-Utilities Underground
Except for hoses and the like which are reasonably necessary in connection with normal lawn maintenance, no water pipe, sewer pipe,
gas pipe, drainage pipe, telephone, power, or television cable, or similar transmission line shall be installed or maintained above the
surface of the ground.
Section 5.9-Mining Prohibited
No portion of Sununenrind Divisioi�No. 6 shall be used for the purpose of boring,mining,quarrying or exploring for or removing oil or
other hydrocarbons,minerals,gravel,or earth.
Section 5.10-Signs
Except for entrance, street, directional, trafTic coutrol, and safety signs,and such promotional signs as may be main[ained by Declarant
and participating Builders, or agents or contractors thereof, or the Assceiation,no signs or advertising devices of any character shall be
posted or displayed in Summeni�ind Dirision No. 6;provided,however,that one temporary real estate sign not exceeding 6 square feet
in area may be erected upon any Lot or attached to any residence placed upon the market for sale or lease. Any such temporary real
estate sign shall be removed promptly following the sale or rental of such Lot or residence.
Section 5.11-No Obstruction of Easements
No structure,planting,or other material shall be placed or perniitted to remain upon Su�nuieni>i�rd Divuio��No. 6 which may damage or
interfere with any easement or the installation or maintenance of utilities, or which may unreasonably change, obstruct, or retard
direction or flow of any drainage chamiels. No decorative planting, structure or fence may be maintained within an easement area unless
specifically approved by the Architectural Control Conunittee.
DECLARATION OF COVENANTS
Summenvind Division No. 6
cceoa.noc
Page-8
, � . . , ,
Section 5.12-Antennae
No external short-wave or citizens' band antennae, free-standing antenna towers, or satellite reception dishes of any kind shall be
� pennitted in Summerwind Ditrision No. 6. All television and/or FM radio antennae must be physically attached to a structure and must
comply with applicable governmental standards and guidelines and any Association rules and regulations.
Section 5.13-Security Devices
All residences in Summerrvind Division No. 6 shall be developed to include security devices such as solid core doors, track locks on
windows,pin locks on patio doors and security lighting.
Section 5.14-Owner's Maintenance Responsibilities
The maintenance,upkeep,and repair of individual Lots and homes shall be the sole responsibility of the individual Owners thereof,and
in no way shatl it be the responsibility of the Association,its agents,officers or directors. Owners shall maintain their Lots and homes in
good repair and in a clean, sightly, and sanitary condition at all times. Without limitation as to the foregoing, each Owner shall be
obligated to keep his Lot and home in a clean, sightly and sanitary condition and maintain the landscaping on his Lot in a healthy and
attractive state and in a manner comparable to that on the other Lots in Summenvi�id Division No. 6. No storage of firewood shall be
permitted in front yards. After thirty(30)days'written notice to an Owner from the Association of such Owner's failure to so maintain
his home or Lot,and after approval of a twathirds majority vote by the Board or other Association committee to which such oversight
responsibility shall have been delegated, the Association shall have the right, through its agents and employees, to enter upon any Lot
which has been found to violate the foregoing standards in order to restore the home or Lot to such standards. The cost of such work
shali be a special assessment on such Owner and his Lot only.
Section 5.15-Nuisances Prohibited
No noxious or offensive activity shall be conducted in any portion of Sununen►>ind Divisioi� No. 6, nor shall anything be done or
' r,,.3 maintained therein in derogation or violation of the laws of the State of Washington,King Cotu�ty or any other applicable governmental
� entity. Nothing shall be done or maintained on any portion of S��nimerri�ind Dirisio�i No. 6 which may be or become any annoyance or
� nuisance to the neighborhood or detract from the value of the Summeni�ind Divisioie No. 6 community. The Association shall determine
--- by Association Action whether any given use of a Lot or living unit unreasonably interferes with the rights of the other Owners to the use
T and enjoyment of the respective Lots and Living Units,or of Uie Conunon Areas,and such detemiination shall be final and conclusive.
Lf� Section 5.16-Relief From Certain Provisions
�
' C'"j I��cases where an owner has made a fachial showing that strict application of the provisions of Sections 5.4,5.5, 5.6,5.10,and 5.12 only
tl� of diis Article (regulating animals, conunercial uses, vehicle storage, signs and antennae, respectively) would work a severe hardship
upon him,the Board by Association Action may grant the Owner relief from any of such provisions; provided,however, that such relief
shall be limited by its scope or by conditions to only that necessary to relieve the hardship;and provided further,that no such relief shall
be granted if the condition thereby created would in the reasonable judgment of the Board violate the provisions of Section 5.14 of this
Article. The decision of the Board in gra��ting or denying such relief shall be final and conclusive.
Section 5.17-Remo��al of Mobile Home
Lots number 7 and 8 shall not be sold or transferred until the mobile home la;ated thereon is removed.
ARTICLE 6- COMMONAREAS
Section 6.1 Maintenance of Common Areas
' The Association shall maintain, repair, replace, improve, and othenvise manage all of the coitunon Areas so as to keep them in good
repair and condition and shall conduct such additional maintenance, repair, replacement, construction, or reconstruction as may be
determined pursuant to Association Action to promote the recreation, health, safety, and welfare of the Owners. The Association may
take any action necessary or appropriate to the maintenance and upkeep of the Cortunon Areas and improvements thereon. The Common
Area is cuirently that area and facilities identified in Exhibit B hereto.
ARTICLE 7- INSURANCE: CASUALTY LOSSES; CONDEMNATION
Section 7.1-Insurance Coverage
T1ie Association shall obtain and maintain at all times as an Association expense a policy or policies and bonds written by companies
licensed to do business in Washington required to provide:
Section 7.1.1-General Comprehensive Liability Insurance
General comprehensive liability insurance insuring the Association,the Owners,and Declarant against any liability to the public or to the
Owners and their guests,invitees,licensees,or tenants,incident to the ownership or use of the Common Areas.
DECLARATION OF COVENANTS
Summenvind Division No. 6
��.�
Page-9
, ,� . . �
- , ' . ' .
Section 7.1.2-Other Insurance
Such other insurance as the Association deems advisable.
ARTICLE 8- ENFORCEMENT
Section 8.1-Right to Enforce
The Association, Declarant or any Owner, shall have the right to enforce, by any appropriate proceeding at law or in equity, all
covenants, conditions, restrictions, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.
Failure or forbearance by any person or entity so entitled to enforce the provisions of this Declaration to pursue enforcement shall in no
event be deemed a waiver of the right to do so thereafter.
Section 8.2-Remedies Cumulative
Remedies provided by this Declazation are in addition to,cumulative with,and aze not in lieu of,other remedies provided by law. There
shall be, and there is hereby created, a conclusive presumption that any breach or attempted breach of the covenants, conditions, and
restrictions herein cannot be adequately remedied by an action at law or exclusively by recovery of damages.
Section 8.3-Covenants Running with the Land
The covenants, conditions, restrictions, liens, easements, enjoyment rights, and other provisions contained herein are intended to and
shall run with the land and shall be binding upon all persons purchasing, leasing, subleasing, or otherwise occupying any portion of
Sumnier►vind Division No. 6, their heirs, executors, administrators, successors, grantees, and assigns. All instruments granting or
conveying any interest in any Lot shall be subject to this Declaration.
ARTICLE 9-AMENDMENT AND REVOCATION
Section 9.1-Amendment by Declarant or Association
Declarant may, on its sole signature, during the Development Period, amend this Declaration and record one or more Supplementary
� Declarations to extend the provisions of this Declaration to additional Phases which consist of any adjacent real property owned by
� Declarant, its successors or assigns. Upon the recording of a Supplementary Declaration, the Governing Documents shall immediately
r- become applicable to the real property described therein. This Declaration may also be amended at any time by an instrument executed
by the Association for and on behalf of the Owners provided,however,that such amendments shall have received the prior approval of a
T vote of the Owners having 60 percent of the total outstanding votes in the Association; and provided, further, that no such amendment
� shall be valid during the Development Period without the prior written consent of the Declarant. No amendment to this declaration shall
' � be permitted which limits or eliminates the obligation of the Association to comply with a development condition imposed by the City of
C'') Renton which is to be satisfied by the Association.
1.1�
Section 9.2-Effective Date
Amendments shall take effect only upon recording with the King County Department of records and Elections or any successor recording
ofTice.
ARTICLE 10- GENERAL PROVISION
Section 10.1-Taxes
Each Owner shall pay without abatement, deduction, or offset, all real and personal property taxes, general and special assessments,
including local improvement assessments, and other charges of every description levied on or assessed against his Lot, or personal
, property located on or in the Lot.
Section 10.2-Transfer of Certain Utilities
Utility Repair Easement. Declarant,and the Association after the Development Period,may transfer and convey any sewer,water,storm
drainage, or other general utility in Sufninenvind Dii�isiou No. 6 to a public body for ownership and maintenance, together with any
necessary easements relating thereto,and each Lot shall become burdened and benefited Uiereby.
Section 10.3-Non-Waiver
No waiver of any breach of this Declaration shall constitute a waiver of any other breach, whether of the same or any other covenant,
condition,or restriction.
Section 10.4-Attorneys' Fees
In the event of a suit or action to enforce any provision of this Declaration or to collect any money due hereunder or to foreclose a lien,
the unsuccessful party in such suit or action shall pay to the prevailing party all costs and expenses, including title reports, and all
attorney's fees that the prevailing party has incurred in connection with the suit or action, in such amounts as the court may deem to be
reasonable therein,and also including all costs,expenses,and attorneys'fees incurred in connection with any appeal from the decision of
a trial court or any intermediate appellate court.
DECLARATION OF COVENANTS
Summenvind Divisiort No. 6
��o�.�
Page- 10
, „ . • ,
- . . • .
Section 10.5-No Abandonment of Obligation
No Owner,through his non-use of any common Area, or by abandonment of his Lot, may avoid or diminish the burdens or obligations
' imposed by this Declaration.
Section 10.6-Interpretation
The captions of the various articies,sections and paragraphs of this Declaration are for convenience of use and reference only and do not
define,limit,augment,or describe the scope,content or intent of this Declaration or any parts of this Declaration.
Section 10.7-Severability
Invalidation of any one of these covenants,conditions,restrictions,easements,or provisions by judgment or court order shall in no way
affect any other of the same,all of which shall remain in full force and effect.
Section 10.8-Notices
All notices,demands,or other communications("Notices")perntitted or required to be given by this Declaration shall be in writing and,
if mailed postage prepaid by certified or registered mail, return receipt requested, shall be deemed given three days after the date of
mailing thereof,or on the date of actual receipt,if sooner;otherwise,Notices shall be deemed given on the date of actual receipt. Notice
to any Owner may be given at any Lot owned by such Owner;provided,however,that an Owner may from time to time by Notice to the
Association designate such other place or places or individuals for the receipt of future Notices. If there is more than one Owner of a Lot,
Notice to any one such Ovv�ier shall be sufficient. The address of Declarant and of the Assceiation shall be given to each Owiier at or
before the time he becomes an Owner. If the address of Declarant or the Association shall be changed, Notice shall be given to all
Owners.
Section 10.9-Applicable Law
This Declaration shall be construed in all respects under the laws of the State of Washington.
In witness whereof,the undersigned Declarant has executed this declaration the day and year first above written.
C'7 �
tT� �
N
rT. a es . Davis
/ - �� �%`�ti2�C�t,,�,,..G � �Ct�u-t
� Lorraine M. Davis
m
ACKNOWLEDGMENT
S'TATE OF WASHINGTON )
COiJN'I'Y OF KING )ss
On this day personally appeared before me James E. Davis and Lorraine M. Davis to me known to be the individuals described in and
who executed the within and`����rument,and acknowledged that they signed the same as their free and voluntary act and deed,
for the uses and purpo``l,�fei�mentionec�!1`�1
H �,,���
GIVEN under my ha�'a�\������L�3'/ y of Y�-Q 1
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I DECLARATION OF COVENANTS
Summenvind Division No. 6
ccaoa.noc
Page- 11
'� ;. � ' ' ,
. City File # FP;V-92-128
EXHIBIT A
LEGAL DESCRIPTION:
TRACT B, SUMMERWIND DIV. NO. 4, ACCOR.DING TO THE PLAT THEREOF RECORDED IN VOLUME 151 OF
PLATS, PAGES 1 THROUGH 11, INCLUSIVE, IN KING COUNTY, WA3HINGTON.
SITUATE IN NE 1�4 OF SECTION 3, TOWNSHIP 23 NORTH, RANGE S EAST, W.M.
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ARTICLES OF INCORPORATION s�c��z��a�+�r�T�T�
� OF
SUMMERWIND DIVISION NO. 6 HOMEOWNERS
ASSOCIATION
ARTICLE I
The name of this corporation is Summerwind Division No. 6 Homeowners
Association. �
ARTICLE II
This corporation is organized for the purposes of transacting any and all lawful
business for which nonprofit corporations may be incorporated under Title 24 of the
Revised Code of Washington, as amended. Specifically, the corporation will be the
t'� homeowners association for Summerwind Division No. 6, located in Renton, Washington,
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~ as required by the Declaration of Covenants, Conditions, Restrictions and Easements
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� thereof.
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C`� ARTICLE III
s
The address of the registered office of the corporation is 10655 N.E. 4th, Suite
700, Bellevue, WA 98004 and the name of the registered agent at such address is Howard
E. Bundy.
ARTICLE IV
The corporation's duration shall be perpetual.
ARTICLE V
Upon dissolution or liquidation of the corporation, the assets shall be distributed as
provided in Chapter 24.03 RCW. In the event assets remain after the statutory procedure
is complied with, they shall be distributed pro rata to the members in good standing at that
time.
ARTICLES OF 1NCORPORATION
Summerwind Division No. 6 Homeowners Association
CORPOI.DOC May 3,1993
Page 1
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' � ARTICLE VI
The number of directors of the corporation shall be not less than one (1). The first
director(s) and their name(s) and address(es) are:
Jim Davis, 5020 N.E. 20th Place, Renton, WA 98056
The first director shall serve until the first annual meeting of inembers and until his
successors are elected and qualified.
ARTICLE VII
The name and address of the incorporator is:
Howard E. Bundy, 10655 N.E. 4th, Suite 700, Bellevue, WA 98004.
ARTICLE VIII
� (1) Individual directors of the corporation shall not be liable to the corporation or
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— its members for monetary damages for conduct as a director except for acts or omissions
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� that constitute intentional misconduct, a knowing violation of law, conduct violating Title
� 24 RCW, or for an transaction from which the director ersonall received a benefit in
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money, property, or services to which the director is not otherwise lawfully entitled.
(2) The corporation shall have the power to indemnify or agree to indemnify
individual directors of the corporation, including advances of expenses for costs and legal
fees, for any claims against the individual director arising out of any allegations of acts or
omissions as a director, provided that the corporation shall first receive from the individual
director a written undertaking to repay such amount if it should ultimately be determined
that the director has not met the standard of conduct necessary for indemnification by the
corporation as authorized by Title 24 RCW.
ARTICLE IX
The only members of the corporation shall be the owners of lots within
Summerwind Division No. 6, which member(s) shall elect such directors as shall be
established in the Bylaws. No part of the income of the corporation shall be distributed or
ARTICLES OF INCORPORATION
Summerwind Division No. 6 Homeowners Association
i CORPOI.DOC May 3,1993
Page 2
. • �. ' ' �
.
distributable to any member, officer or director of the corporation except as provided in
' Article V.
ARTICLE X
The corporation reserves the right to amend, alter, change or repeal any provision
I contained in these Articles of Incorporation, in the manner now or hereafter prescribed by
law, and all rights and powers conferred herein on members and directors are subject to
this reserved power.
Dated: May 3, 1993.
��s
�, ard E. Bundy,
{T• Incorporator
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ARTICLES OF INCORPORATION
Summerwind Division No. 6 Homeowners Association
CORPOI.DOC May 3,1993
Page 3
. . ' � ,
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• CONSENT OF REGISTERED AGENT
Howard E. Bundy, the registered agent named in the Articles of Incorporation of
' Summerwind Division No. 6 Homeowners Associat' , hereby consents to serve as
registered agent of said corporation.
c�
oward E. Bundy
Registered Agent
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ARTICLES OF INCORPORATION
Summerwind Division No. 6 Homeowners Association
CORPOI.DOC May 3,1993
Page 4