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WHai RECDRDED RERJRN TO: ,�'�,
(�gee of the C'ity Clerk °:;
lt�a�oa Munidpat Bu�du+�
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�''r01�'W��"�`' ' DECLARATION OF �
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PROTECTIVE COVENANTS, CONDITIONS AND �
RESTRICTIONS �
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SUNSET HII.IS �
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THIS INDENTURE AND DECLARATION running with the land, made this �
�� day of 7une, 1994, by 70HNSON CONTRAC'TORS CORP. ("JCC") �-�
("Declarant"),
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WHEREAS, Declarant Johnson Contractors Corp. is the owner in fee of certain _
real property described as Plat of Sunset Hills (formerly "Kenny-Vue"), consisting of
� Lots 1 through 10 and 12 through 29, under King County Auditor's No.
� , which property is described on Exhibit "A", attached
� hereto. Lot 11 is owned by John Cowan, and Lots 12 and 13 are owned by Declarant
M but subject to an obligation by Declarant to reconvey them to Declarant's predecessors
� in interest, Jack L. and Betty J. Cowan.
�
O WHEREAS, Declarant desires to impose certain protective covenants upon Lots
� 1 through 10 and 14 through 29 of Sunset Hills (formerly "Kenny-Vue") (the "Lots" or
the "Real Property") for the mutual benefit of all owners, present and future;
NOW, THEREFORE, Declarant hereby declares as follows:
ARTICLE I
1.1 Declaration. The Lots shall be held, sold and conveyed subject to
easements, covenants, conditions and restrictions set forth herein, all of which are for
the purpose of enhancing and protecdng the value, desirability and attractiveness of the
Lots; such easements, covenants, conditions and restrictions shall run with the land and
shall be binding on all parkies having or acquiring any right, title or interest in any Lot
and shall inure to the benefit of each Owner thereof; and are imposed upon each Lot as
a servitude in favor of each and every other Lot as the dominant tenement.
1.2 Term. This Declaration shall be effective for an initial term, expiring
December 31, 2010, and thereafter by automatic extension for successive periods of ten
(10) years each, unless terminated, at the expiration of the initial term or of any
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succeeding ten-year term by a Termination Agreement executed by the then Owners of
not less than one hundred percent (100%) of the lots then subject to this Declaration.
1.3 Ar�hitectural Control Committee. The Architectural Control Committee
("ACC") shall consist of not more than three (3) members who shall be appointed
initially by Declarant and remain in office until such time as one hundred percent
(100%) of the lots subject to this Declaration have been built upon and conveyed from
the home builder to a consumer. At any time prior to the resale of one hundred percent
(100Nb) of the Lots to the consumer, Declarant 7CC reserves the right to extend the
initial appointment of the ACC for a period of dme not to exceed four (4) years from
the date of the extension. Declarant JCC further reserves unto itself the right to
dissolve the ACC appointed by Declarant, thereby vesting the membership of the
homeowners Association with the authority to meet and appoint a successor ACC. The
ACC may designate a single person to act on behalf of the ACC. No member of the
ACC shall be entitled to compensation. The initial ACC shall consist of Gordon S.
7ohnson, 1309 - 114th Ave. SE, Suite 218, Bellevue, WA 98004; Michael E. Davis,
900 Meridian East, #19-313, Puyallup, WA 98371-1242; and 7. Ross Worthington,
13301 - 180th Ave. NE, Redmond, WA 98052.
1.4 Homeowners Association. An incorporated Homeowners Association
� shall be created to own and maintain the secondary access roadway, the storm drainage
� retention chamber and biofiltration swale of Sunset Hills. The name of the
C� homeowners Association shall be Sunset Hills Homeowners Association ("HOA"). The
0 activities and rights and obligations of the Association are set forth in Article V below.
�
� ARTICLE II
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�°°' 2.1 m n . On each Lot, an easement is reserved under and upon a
�� ten-foot strip of land parallel and adjacent to front and rear boundary lines and a
five-foot strip parallel and adjacent to side-street boundary lines, and adjacent to the
side boundary lines (except any side-street boundary lines), such strips for utility
installation and maintenance, including but not limited to power, telephone, water,
sewer, drainage and gas, together with the right to enter upon the Lot at all times for
such purposes. Additional utility easements are reserved as shown on the recorded
plat, and others may also be recorded if required by governmental agencies or other
bodies. Within such strips no structure, planting or other material shall be placed or
permitted to remain which may damage or interfere with the installation and
maintenance of udlities, or which may change, obstruct or retard the flow of water
through drainage channels. Such easement areas and all improvements thereon shall be
maintainetl by the Owner of the Lot, except as to utility service improvements located
therein, which aze the responsibility of the utility entity owning such improvements.
Fencing and landscape planting aze permitted on side and rear property lines as
approved by the ACC.
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2.2 ��ices. No building shall be located on any lot nearer to the Lot lines
than required by these covenants and by codes and ordinances governed by the City of
Renton. Builder must have specific written approval from the ACC on the placement
' of the house prior to commencing construction. Structure, fill, and obstructions
(including, but not limited to decks, patios, outbuildings, or overhangs beyond 18
inches) aze prohibited within the building setback line.
ARTICLE III
3.1 Site PreFaration. Clearing and grading, including, but not limited to the
cutting or transplanting of natural vegetation on any Lot, shall not be undertaken until
plans for the single-family dwelling to be constructed thereon and the site plan for
house placement are approved by the ACC as provided for herein, and building permit
issued by the City of Renton.
3.2 Construction A�proval. No building or other structure shall be
commenced, erected, or altered upon any Lot, without a building permit and approval
by the ACC. In addition, no exterior addition shall be made until the construction
plans and specifications, and a plot plan showing the nature, kind, shape, height,
� materials, colors and location of the same, shall have b�n submitted to and approved
� in writing by the ACC as to harmony of exterior design and location in relation to, and
p its effect upon, surrounding structures and topography. If the ACC fails to approve or
� disapprove such design and location within thirty (30) days after such plans and
� specifications have been received by it, approval will not be required, and this Article
� will be deemed to have been fully complied with. All plans and specifications, and
� plot plans are to be submitted to the Committee at the following address: Mr. Gordon
� S. Johnson, 1309 - 114th Ave. S.E., Suite 218, Bellevue, Washington 98004, or at
such other address as may hereafter be given in writing to the Lot Owners by the
Declarant or the ACC.
3.3 Construction Time. Any dwelling or structure erected or placed on any
Lot shall be completed as to external appearance, including finish painting, within six
(6) months from date framing commences. Landscaping shall be completed within six
(6) months from the date the dwelling is completed, inclusive of the lawn, rockery,
shrubbery, etc., for the entire front yard, Lot line to Lot line; and, within twelve (12)
months, the landscaping for the entire yard, including front, rear and sides, shall be
completed.
3.4 Site of Improvements. Square footage for houses to be built shall be as
follows:
A. All Rambler houses shall have a minimum of 1400 square feet of
floor area, exclusive of porches and garage.
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B. All Tri-level houses shall have a minimum of 1800 square feet of
finished floor area, exclusive of porches and garage.
C. All Two-story houses above dirt grade at house location shall
have a minimum of 1800 square feet of floor area, exclusive of porches and garage.
D. All Rambler-basement houses shall have a minimum of 1400
square feet on the main floor, exclusive of porches and garage, and a minimum total of
2400 square feet, exclusive of porches and garage.
E. All Split-entry houses shall have a minimum of 1350 square feet
on the main floor, exclusive of porches and garage, and a minimum total of 1900
square feet, exclusive of porches and garage.
3.5 Roofs. Roofs on all buildings in Sunset Hills must be finished with
25-year dimensional composition unless written approval for use of other material is
granted by the ACC prior to construction. No flat roofs shall be allowed.
� 3.6 Driveways. All driveways, exterior walks, and patios shall be exposed
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C'� aggregate concrete unless approval for use of other materials is granted by the ACC.
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� 3.7 �ences. No fence, wall, or hedge shall be erected or placed on any Lot
� nearer to any street than the minimum building setback line, or the actual building
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Q setback lines, whichever is further from the street, except that nothing shall prevent the
�"�" erection of a necessary retaining wall, the top of which does not extend more than two
� (2) feet above the finished grade at the back of said wall. Fences bordering greenbelt
areas shall be erected with the finished side facing the greenbelt areas. No fencing
shall be permitted in the front yard. On corner lots, fencing shall only be allowed from
the rear corner of the house to the rear lot line along the exterior side lot line. All
fencing shall be approved by the ACC prior to installation. Fences shall be no higher
than six (6) feet and said fence design shall be as shown on the sketch entitled "Fencing
Design," attached hereto as Exhibit B.
3.7.1 �erimeter Fence. The care and maintenance will be the
responsibility of the adjoining Lot Owners. If the Lot Owner fails to maintain such
fence the HOA may do so and charge the costs of such care and maintenance to the
adjoining Lot Owner as a Homeowner assessment under Article V below.
, 3.8 y�ara�es. Garages are required and shall be incorporated in or made a
part of the dwelling house. No detached garages shall be permittsd without written
approval from the ACC. Single-car garages, carports, and detached garages aze
specifically prohibited.
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3.9 "Stick-Built" Construction. All dwellings shall be of a "stick-built"
variety. Mobile home, manufactured housing, and modular homes are specifically not
permitted.
3.10 �niennas/Satellite Dishes. Exterior antennas and satellite dishes are
strictly prohibited unless written approval by the ACC is granted.
3.11 �xterior Finishes. The street side elevations of each home shall be
finished with spruce or cedar siding, brick, authentic stone or LP siding. Vinyl,
aluminum or other wood product or synthetic panels are prohibited. LP panel may be
used on non-street side elevadons. Any deviations must have written consent from the
ACC.
3.12 Colors. The color of all exterior materials must be approved by the
ACC. All vinyl or aluminum painted windows shall be white.
ARTICLE IV
4.1 Business and Commercial Use. Except for model homes or builders'
� temporary sales offices and "job shacks" (construction trailers), no Lot shall be used
�„� for other than one detached single-family dwelling with parking for not more than three
0 (3) cars. No trade, craft, business, or commercial or manufacturing enterprise or
� business, or commercial acdvity of any kind shall be conducted or carried on upon any
� Lot, or within any building located on a Lot, unless permitted by the City of Renton,
� nor shall any goods, materials, or supplies used in connection with any trade, service or
� business, wherever the same may be conducted, be kept or stored, outside any building
� or any Lot; nor shall any goods, used for private purposes and not for trade or
business, be kept or stored outside any building on any Lot.
4.2 Maintenance Of Structures and Landscaving. All structures upon a Lot
shall be at all times maintained in good condition and repair and be properly painted,
stained, or otherwise finished. All trees, hedges, shrubs, flowers, and lawns shall be
maintained and cultivated so that the Lot is not detrimental to the neighborhood as a
whole. Slope banks upon any Lot shall be properly watered and maintained by the
Owner thereof. Lot Owners shall be responsible for maintaining a "landscaping theme"
as set forth by the Declarant or Builder with respect to individual cul-de-sacs and/or
streets.
Until accepted by the City of Renton and during the two-year
' maintenance period, the Owner of each Lot must inspect the curb, gutter, sidewalk and
driveway in front of their Lot on a regular basis. If damage has occuned prior to
purchase, the Declarant or previous Owner is responsible. After purchase, the Owner
is responsible for any damage to the curb, gutter, sidewalk and driveway in front of
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that Lot and shall be responsible for the repair of that damage to the satisfaction of the
City of Renton.
4.3 Prohibited Activities. Firearms and related activities, such as bows and
arrows, BB or pellet gun target practice, are strictly prohibited.
4.4 Laundry/Clothes Drying. Clotheslines and outdoor laundry drying aze
stricdy prohibited.
4.5 Vehicles. No recreation vehicle and/or commercial vehicle, including
but not limited to boats, campers, motor homes, trucks in excess of three-quarter (3/4)
ton, and trailers, whether operable or not, of any kind shall be parked, stored,
maintained, or constructed on any Lot or street in such a manner as to be visible from
the street or neighboring Lots.
4.6 �. No animals or fowls shall be raised, kept, or permitted on any Lot
except domestic dogs, cats, and caged birds kept within the dwelling unit; provided
such dogs, cats, and pet birds are not permitted to run at large and are not permitted to
� be kept, bred, or raised for commercial purposes or in unreasonable numbers. No such
� household pet which is or becomes an annoyance or nuisance to the neighborhood shall
C� thereafter be kept on any Lot.
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� 4.7 Garba�e and Trash. No Lot shall be used or maintained as a dumping
� ground for rubbish. Trash, garbage and other waste shall be kept only in sanitary
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C� containers properly screened and shielded from adjacent properties. All equipment for
'�' the storage or disposal of such material shall be kept in a clean and sanitary condition.
�' No trash, refuse pile, vehicles, underbrush, compost pile or other unsightly growth or
objects shall be allowed to grow, accumulate or remain on any Lots so as to be a
detriment to the neighborhood or become a fire hazard.
4.8 Noxious or Offensive Activitv. No noxious or offensive activity shall be
carried on upon any Lot, nor shall anything be done or maintained thereon which may
be or become an annoyance or nuisance to the neighborhood or detract from its value.
4.9 Water and Sewage System. Private wells and water supply system and
private sewerage (sepdc) system are prohibited.
4.10 Tem,pOlAry Residence. No outbuilding, basement, tent, shack, garage,
trailer, mobile or manufactured home, or shed or temporary building of any kind shall
be used as residence either temporarily or permanently, except for a construction shack
used by an Owner's construction contractor or builder during the construction period.
4.11 Drillin .g Mining. Etc. Exploration for or any recovery of minerals, oil,
gas, sand and gravel, or other materials, by any means or method, is prohibited.
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4.12 �ig�. No sign shall be displayed to the public view on any Lot except
one (1) professional sign of not more than one (1) square foot; one (1) sign of not more
than five (5) square feet advertising the property for sale or rent, or signs used by the
Declarant JCC, or agents thereof, to advertise the property during the initial home
construction and sales period. The ACC shall have the sole jurisdiction on all signs
within the boundaries of Sunset Hills, including any and all common azeas.
ARTICLE V
5.1 Homeowners Association. Every Lot Owner, by acceptance of a deed
or contra�ct for such Lot, is hereby deemed to covenant and agree to membership in the
Sunset Hills Homeowners Association for the purpose of owning property as Common
Area for the benefit of all homeowners, and for the purposes of maintaining, repairing,
replacing, or improving any such property or any improvements placed thereon. Such
membership shall be appurtenant to the Lot owned by such Lot Owner and my not be
transferred except by sale or transfer of the Lot itself. Every Lot Owner is further
deemed to covenant and agree to pay when due any and all dues, assessments, or other
� charges that may be levied from time to time by the Sunset �Iills Homeowners
� Association, in accordance with these protective covenants and/or the Articles of
� Incorporation of such Association, and any sums not paid within thirty (30) days of the
� date due shall become a continuing lien on the Lot owned, which lien may be
� foreclosed by the Association like a mortgage.
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O5.2 �ommon Expense. The following expenses shall be considered expenses
" in common with all the Lot Owners: operation and maintenance of common azea
� sprinkler systems; maintenance of common azea landscaping; and operation and
maintenance of the common areas, including designated common area described in
paragraph 6.1. Common expenses shall be inclusive of the cost of liability and casualty
insurance in whatever amount is reasonable and deemed appropriate by the Board of
Directors of the Homeowner's Association. The responsibility for the common
expenses herein shall be administered by said Association. Homeowner dues shall be
initially fixed at $250 per year, prorated at closing of each Lot sale and further payable
every 7une 1 st, in advance for the forthcoming year.
5.3 Ma�cimum Annual Assessments. Until June 1, 1996, the maximum
annual assessment shall be Two Hundred Fifty and No/100 ($250) per Lot.
A. From and after June 1, 1996, the maximum annual assessment
may not be materially increased without an affirmative vote of two-thirds (2/3rds) of
the members who are voting in person or by proxy, at a meeting duly called for such
purpose. A "material increase" shall be an increase which increases the annual
assessment for common expenses by a percentage in excess over the of the percentage
increase in the Consumer Price Index over twelve (12) month period ending one (1)
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month before the start of the increased assessment. The Consumer Price Index shall be
that applicable to "All Urban Consumers" published by the bureau of I.abor Stadstics
for the Seattle-Everett SMSA, or if it is terminated or superseded, the equivalent of
such Index.
B. The Board of Directors may fix the annual assessment at an
amount not in excess of the maximum. The Board of Directors shall fix the amount of
the annual assessment against each Lot at least sixty (60) days in advance of the
effective date of the assessment.
5.3.1 Quorum For Any Action Authorized Under 5.3. At the first
meeting called, as provided in 5.3 above, the presence of the meeting of inembers or of
proxies entitled to cast sixty (60°l0) percent of the votes of all members shall consdtute
a quorum. If the required quorum is not forthcoming at any meeting, another meeting
may be called, subject to the notice requirement set forth in 5.3, and the required
quorum at any such subsequent meeting shall be one-half (1/2) of the required quorum
� at the preceding meeting. No such subsequent meeting shall be held more than sixty
� (60) days following the preceding meedng.
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J 5.4 Date of Commencement of Annual Assessments; Due Dates. Annual
� assessments shall commence as to all Lots on the first day of June, 1994. Annual '
� assessments shall be due in advance on the first day of each succeeding June. If plat
� has not recorded by 7une 1, 1994 then assessments are prorated and commence as of
� date of plat recording.
5.5 Effect of Non.gavment of Assessments: Remedies of Association. Any
assessments which are not paid when due shall be delinquent. If the assessment is not
, paid within thirty (30) days after the due date, the assessment shall bear interest from
the date of delinquency at the rate of twelve (12%) percent per annum, and the
Association may bring an action at law against the Owner personally obligated to pay
the same, or foreclose the lien against the property, and interest, costs, and reasonable
attorney's fees of any such action shall be added to the amount of such assessment. No
Owner may waive or otherwise escape liability for the assessments provided for herein
by abandonment of his Lot.
5.6 Subordination of Lien to Mortg��. The lien of the assessments
provided for herein shall be subordinate to the lien of any first mortgage. Sale or
transfer of any Lot shall not affect the assessment lien. However, where the mortgagee
of a mortgage of record or other purchaser of a lot obtains possession of the Lot as the
result of foreclosure of a mortgage, or by deed or assignment in lieu of foreclosure,
such possessor, his successors and assigns, shall not be liable for the share of the
common expenses or assessments by the Association chargeable to such lot which
became due prior to such possession. Such unpaid share of common expenses or
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assessments shall be deemed to be common expenses collectible from all of the
Owners, including such possessor, his successors and assigns.
5.7 �Ionliabilitv of ACC and �iomeowners Association Members and
Officers. Neither the ACC or the Homeowners Association, nor any member or
officer thereof, shall be liable to any Owner, occupant, builder, or developer for any
damages, loss or prejudice suffered or claimed on account of any action or failure to
act of the Committee or member or officer thereof, provided that the member or has
acted in good faith and on the basis of the facts as known to him.
ARTICLE VI
6.1 �ommon Areas. There are two common areas within the plat; one is
Tract "A". Tract "A" is dedicated as a Pedestrian Pathway and Storm Drainage
facility. A second is Tract "B" which is dedicated to the secondary access roadway,
which will be common area of the Associadon. Tract "A" includes the biofiltration
swate for the storm drain system. The retention chambers which are part of that system
�� are located within Lots 3 and 4. The maintenance of said chambers, although not
C,p within the common area, is the res nsibilit of the Homeowners Association. The
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� maintenance of the pedestrian corridor which is a part of Tract "A", the easements
,.� located on Lots 3, 4, 2, 9 and 10 related to it, and all of Tract "A" and Tract "B" are
�{ the responsibility of the Homeowners Association.
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� ARTICLE VII
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� 7.1 Mortgaee Definitions. As used in this Declaration: "mortgage" includes
any deed of trust or other security instrument; (2) "mortgagee" includes the beneficiary
of a deed of trust, a sacured party, or other holder of a security interest; (3)
"foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale
on default under a security agreement; and (4) "institutional holder" means a mortgagee
which is a bank or savings and loan association or established mortgage company or
other entity chartered under federal or state laws, any corporation or insurance '
company, or any federal or state agency.
7.2 Mort�a�ees to Approve Amendments. The prior written approval of
holders of at least seventy-five (75%) percent of the first mortgagees (based on one
vote for each first mortgage owned) of the individual Lots shall be required for any of
the following:
A. Any material amendment to this Declaration or to the Articles of
Incorporation or Bylaws of the Owners Association, including, but not limited to, any
� amendment which would change the obligation of any individual Owner for the purpose
of levying assessments or charges.
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B. The effectua.tion of any decision by the Owners Association to
terminate professional management and assume self-management (however this shall
not be deemed or construed to require professional management).
C. Any act or omission seeking to change, waive or abandon any
scheme of regulations or enforcement thereof, pertaining to the architectural design or
the exterior appearance of the units, the exterior maintenance of units, the maintenance
of property walks and driveways, or to the upkeep of lawns and plantings the
properties.
7.3 Mortgaeee Notice. The holder or insurer of a first mortgage on a Lot
(as well as the Owners) shall be entitled to timely written notice of:
A. Any default under this Declaradon or the Articles of
Incorporation or Bylaws which gives rise to a cause of action against the Owner of a
Lot subject to the mortgage of such holder or insurer, where the default has not been
cured in thirty (30) days.
� B. Any material amendment of this Declaration or to the Articles of
� Incorporation or Bylaws of the Association.
� 7.4 Other Mort aeee Ri hts. The holder or insurer of a first mort a e on a
c� g � g g
� Lot shall be entitled, upon request, to:
� A. Inspect the books and records of the Association during normal
� business hours.
B. Require the preparation of and, if preparation is required, receive
an annual audited financial statement of the Association for the immediately preceding
fiscal year, except that such statement need not be furnished earlier than ninety (90)
days following the end of such fiscal year.
C. Receive written notice of all meetings of the Owners Association
and be permitted to designate a representative to attend all such meetings.
ARTICLE VIII
8.1 �indin� Effect. All present and future Owners or occupants or Lots
shall be subject to and shall comply with the rules and the provisions of this
Declaration, and the Bylaws or regulations of the Association, as they may be amended
from time to time. The acceptance of a deed or conveyance or the entering into
occupancy of any Lot shall constitute an agreement that the provisions of this
Declaration, and the Bylaws and rules and regulations of the Association, as they may
be amended from time to time, are accepted and ratified by such Owner or occupant,
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and all such provisions shall be deemed and taken to be covenants running with the
land and shall bind any person having at any time any interest or estate in such Lot, as
though such provisions were recited and stipulated at length in each and every deed and
conveyance or lease thereof. Failure to comply with this Declaration, the Articles of
Incorporation, Bylaws, and Rules and Regulations shall be grounds for an action to
recover sums due, for damages, or injunctive relief, or both, maintainable by the Board
of Directors on behalf of the Association, or by a particular aggrieved Owner. Failure
of the Association or an Owner to enforce any of the Association's requirements shall
in no event be deemed a waiver of the right to do so thereafter.
IN WITNFSS 1'HEREOF, the Declarant has hereunto set its hand and corporate
seal this �°`� day of ������ , 1994.
�
JO N OP�ITRACTORS
CO ON�,,
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By: ��-- •
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r� STATE OF WASHINGTON)
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� COUNTY OF KING )
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On this 7th day of June , 1994, before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, personally appeared GORDON JOHNSON, to me known to be the person
who signed as President of JOHNSON CONTRACTORS CORPORATION, the
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said Declarant, for the uses and
purposes therein mentioned, and on oath stated that he was duly elected, qualified and
acting as said agent of the corporation , that he was authorized to execute said
instrument and that the seal affixed, if any, is the seal of said corporation.
IN VV][TNFSS THEREOF� I have hereunto set my hand and official seal the day
and year first above written.
�
(Type/Print N e) SHIRLEY A DENNEY
Notary Public in and for the State of Washington,
residing at Bellevue
My appointment expires: 5-17-96
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CONSENT BY MORTGAGEE
Washington Federal Savings, as Beneficiary under a Deed of Trust dated July
26, 1993, and recorded on July 30th, 1993, under King County Auditor's Recording
No. 9307301871, hereby consents that the property described on Exhibit A may be
submitted to this Declaration of Covenants, Conditions and Restrictions.
__----
DATED this ?—� day of -J u� , 1994.
WASHINGTON FEDERAL SAVINGS
By:
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p STATE OF WASHINGTON)
� ) ss.
� County of King )
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� On this 3%� day of ��/�, 1994, before me, the undersigned, a
Notary Public in and for the State of Washington duly commissioned and sworn, I
personally appeared ��4y, , i , to me known to be the
�,, �. �. of WASHINGTON FEDERAL SAVINGS, the corporation that
executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the said instrument and
that the seal affixed is the corporate seal of said corporation. '
WITNESS my hand and official seal hereto affixed the day and year first above
written.
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e W ° � '� � :�'' OTARY PUBLIC in and for the State of Washington,
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CONSENT BY MORTGAGEE
Jack L. Cowan and Betty 7. Cowan, husband and wife, as Beneficiary under a
Deed of Trust dated 7uly 29, 1993, and recorded on 7uly 30th, 1993, under King
County Auditor's Recording No. 9307301872, hereby consents that the property
described on Exhibit A may be submitted to this Declaration of Covenants, Conditions
and Restrictions.
DATED this � day of .���-r , 1994.
.G• �-�+t�rr
ACK L. COWAN
�
BETTY J. AN
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� STATE OF WASHINGTON)
� ) ss.
� County of King )
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On this day before me, the undersigned, JACK L. COWAN and BETTY J.
COWAN, husband and wife, to me known to be the individuals described in and who
executed the within and foregoing instrument, and acknowledged that they signed the
same as their free and voluntary act and deed, for the uses and purposes therein
mentioned.
Given under my hand and official seal this�day of , 1994.
(Type/Print Nam
NOTARY PUBLIC in and�tt���t�te of Washmgton,
Washington, residing at / �i0��
My Commission Expires:, — -
R�aaos,o.s,s, -13- n�.c.snvss
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EXHIBIT "A"
ATTACHMENT Td DECLARATION OF i
PROTECTIVE COVENANTS, CQI�TUITIONS AND RESTRICTIONS
SUNSET HTLLS
(Formeriy "Kenny-Vue")
PARCEL A:
� r}-ac� asz, C.D. �illmazi�s Lak� Wa�hingt�n Garden of Eder �iVisian
No . 4, accQrding =o Lhe p'!at there�sf r��cirded ir_ Volume 1.I af Pldts,
page 82, in xinr Cc�unty, Wash:ngcan;
F�^E�7' ��:� wesC 96 feet of the s�uth isa feet thereof,
PARCEL B' �
�.�_.,.� .
Th� wes� �2 feet af Tract 2�4, C.D. H:�.�lman�s Lake Waah:ngton Garcen
o� Eden �i-rzsacm xo, 4, acco=3ing to the plat Lhereof re�ordec in
'�cl.ume �.7. of piats, pnge B2, in xing county, Washs.ngto�;
�e����'�T �}'�.P. �auch �56 . 2�'. f�."tt. Lt:2'—"�fl�.
fA�.�O KN�*+�tN As Lot 2 of City o� Rcntort Lnz Line Adjustmer:t
�tusnh�r i58-30 z�cord�d ur.dcr Recording Nun�ex 91L}2�2gQ�1 , }
CL� p��
� "`ract 274, C.L. �iillm�nls Lake Waehingtor,� Gard�n of Eden Divisio^ �,
� ac�ordinq to the plat thexa�o� reeard�d in Valumc �1 of P?ats,
� Fage 82, in King Cc�urz�y, wa�hing;on;
� EXCEPT the wPSt. 62 . t�0 £e�t theresof.
G�
,� All being a portion of the NW 1j4, of the N.E. 1/4 of Section 5, Township 23
No., Range 5 E. , W.M.
.
EXHIBIT "A"
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ARTICLES OF INCORP4RATIQN i
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� SUNSET HILIS HOMEOWIVERS ASSOCIATION
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ITA940700.0481
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TABLE OF CONTENTS
ARTICLEI NAME...................................................................... 1
ARTICLE II DURATION ............................................................... 1
ARTICLE III PURPOSES ................................................................ 1
AR'I'ICLE IV POWERS................................................................... 2
ARTICLE V DISSOLU'TION ........................................................... 2
ARTICLE VI REGISTERED OFFICE AND AGENT ............................... 2
II ARTICLE VII MANAGEMENT ......................................................... 2
� ARTICLE VIII DIRECTORS .............................................................. 2
ARTICLE IX LIMITATION OF DIRECTOR LIABILITY ......................... 3
��
M ARTICLE X INDEMNIFICATION OF DIRECTORS &
0 OFFICERS.................................................... ....... 3
t"�
� ARTICLE XI INCORPORATOR........................................................ 4
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I, 0 ARTICLE XII EARI�TINGS................................................................ 4
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ARTICLE XIII MEMBERS................................................................. 4
ARTICLE XIV AMENDMENT ........................................................... 4
ARTICLEXV TERMS ..................................................................... 4
ITA940700.048� -1-
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ARTICLES OF INCORPORATION
OF
SUNSET HILLS HOMEOWNERS ASSOCIATION
GORDON S. JOHNSON, a person over the age of eighteen, for the purpose of
forming a nonprofit corporation under Chapter 24.03 of the Revised Code of
Washington, adopts the following Articles of Incorporation:
ARTICLE I
NAME
The name of the corporation shall be SUNSET HILLS HOMEOWNERS
ASSOCIATION, hereinafter referred to as the "Association."
ARTICLE II
DURATION
�
� The period of duration of the Association shall be perpetual.
C'�
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t"7 ARTICLE III
� PURPOSES
Ga
� The Association is organized exclusively as a homeowners' association within
� the meaning of Section 528 of the Internal Revenue Code of 1986 (or the conesponding
provision of any future U.S. Internal Revenue law). This Association dces not
contemplate pecuniary gain or profit to its members.
The specific purposes for which this Association is formed are to provide for
maintenance, preservation, and architectural control of the buildings, grounds, and
common areas of certain property in King County, Washington (the "Property"),
referred to as Sunset Hills and formerly known as Kenney-Vue.
The Property is subject to a Declaration of Protective Covenants, Conditions
and Restrictions, (the "Declaration") which was recorded under King County Auditor's
No. and which authorizes the formation of the Association.
The Property is refened to in the Declaration as Sunset Hills. The Association shall
promote the health, safety, and welfare of the residents within the Property, all in
accordance with the provisions of the Declaration.
ITA940700.0481 -1-
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ARTICLE IV
PO WERS
Without limiting the foregoing, the Association shall have the authority to
exercise any powers conferred by the Declaration, or Bylaws; exercise all other powers
that may be exercised in this state for the same type of corporation as the Association;
and, exercise any other powers necessary and proper for the governance and operation
of the Association.
ARTICLE V
DISSOLUTION
The Association may be dissolved with the assent given in writing and signed by
eighty percent (80%) of the votes in the Association that are allocated. Upon
dissolution of the Association, other than incident to a merger or consolidation, the
assets of the Association shall be dedicated to an appropriate public agency to be used
for purposes similar to those for which this Association was createrl. In the event that
such dedication is not accepted, such assets shall be granted, conveyed and assigned to
any nonprofit corporation, association, trust or other organization devoted to similar
� purposes.
� ARTICLE VI
O
� REGISTERED OFFICE AND AGENT
�
� The address of the initial registered office of the Association is: 1309 - 114th
« Avenue Southeast, Suite 218, Bellevue, Washington 98004. The name of the
r registered agent at that address is Gordon S. Johnson.
ARTICLE VII
� MANA GEMENT
Thc affairs of thc Association shall bc managed by a Eoard of Directors. Thc
right to make, alter, or repeal the Bylaws of the Association is reserved exclusively to
the members of the Association as set forth in the Bylaws.
ARTICLE VIII
DIRECTORS
The number of Directors constituting the initial Board of Directors of the
Associahon is three (3), and the name and address of the persons who are to serve as
Directors until the first annual meeting of the members or until their successors are
, elected and qualified is as follows:
IITA840700.0481 '2'
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Gordon S. Johnson
1309 - 114th Ave. SE, Ste. 218
Bellevue, WA 98004
Michael E. Davis
900 Meridian East #19-313
Puyallup, WA 98371-1242
J. Ross Worthington
13301 - 180th Avenue NE
Redmond, WA 98052
The number, qualifications, terms of office, manner of election, time and place of
meetings, and powers and duties of the Directors shall be prescribed in the Bylaws.
ARTICLE IX
LIMITATION OF DIRECTOR LIABILITY
� A Director of the Association shall not be personally liable to the Association or
Gp its members for monetary damages for conduct as a Director, except for liability of the
M Director: (i) for acts or omissions which involve intentional misconduct by the Director
� or a knowing violation of law by the Director; or, (ii) for any transaction from which
� the Director will personally receive a benefit in money, property, or services to which
� the Director is not legally entitled. If the Washington Nonprofit Corporation Act is
� amended to authorize co rate actions further eliminatin or limitin the rsonal
� � g g Pe
� liability of Directors, then the liability of an Elected Director of the Association shall
be eliminated or limited to the fullest extent permitted by the Washington Nonprofit
Corporation Act, as so amended. Any repeal or modification of the foregoing
paragraph by the members of the Association shall not adversely affect any right or
protection of a Director of the Association existing at the time of such repeal or
modification.
ARTICLE X
INDENINIFICATION OF DIRECTORS & OFFICERS
The Association shall indemnify its Directors and Officers against all liability,
damage, and expenses arising from or in connection with service as Directors and
Officers with this Association to the maximum extent and under all circumstances
permitted by law.
ITA940700.0481 '3'
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ARTICLE XI
INCORPORATOR
The name and address of the incorporator is Gordon S. Johnson, 1309 - 114th
Avenue Southeast Suite 218 Bellevue, Washin ton 98004.
> > g
ARTICLE XII
EARNINGS
No part of the net earnings of the Association shall inure to the benefit of any
Member or other individual other than by acquiring, constructing, or providing
, management, maintenance, and care of Association property, and other than by a rebate
of excess membership dues, fees, or assessments.
ARTICLE XIII
li MEMBERS
Every Owner of a Lot shall be a member of this Association. Membership shall
be appurtenant to and may not be separated from ownership of any Lot which is subject
to assessment. Natural persons, partnerships, corporations, trusts, or other lawful
business entities may own or have an ownership interest in a Lot.
�
M ARTICLE XIV
0 AMENDMENT
C'7
� These Articles may be amended by the assent of sixty-seven percent (67%) of
� the entire membership; provided, however, that the Board of Directors shall have the
.�« authority to appoint a new registered agent, and the Directors shall be appointed as
�? stated in the Bylaws.
ARTICLE XV
TERMS
The terms used in these Articles of Incorporation shall have the same meaning
as in the Declaration.
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IN WTTNFSS WHEREOF, for the purpose af forming this Association under
the laws of the State of Washington, the undersigned, constituting the incorporator of
this Association, has executed these Articles of Incorporation this �� day af
, 1994. '�
� _.1
� �/=•.,� � -
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GORDON S. JOHNSONI
� �
,�.�
STATE OF WASHINGTON)
) ss.
County af Pierce )
On this day befare me, the undersigned, GORDON S. JOHN50N, to me
known ta be the individual described in and who executed the within and foregaing
instrument, and acknowledged that he signed the same as his free and voluntary act and
deed, for the uses and purpases therein mentioneci.
� Given under my hand and official seal this 7 thday of ,7une , 1994.
C�0
�O .�- ��t. .r - �_ .���c,t,-�.<.�
� SHIRLEY' A. DENNEY
�p (Type/Print Name)
� Notary Public in And For the Skate of Washington,
� residing at $ellevue, wA
My appointment expires: 5-17-9 6
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BYLAWS I
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� SUNSET HILLS HOMEOVVNERS ASS4CIATION i
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jTA840700.0471
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TABLE OF CONTENTS '�,
ARTICLE I Name and Location 1 �
.......................................................
�
ARTICLE II Definitions.................................................................. 1
ARTICLE III Meetings of Members .................................................... 1
ARTICLE IV Board of Directors; Selection; Term of Office ....................... 3
ARTICLE V Standard of Care for Directors .......................................... 3
ARTICLE VI Meetings of Directors..................................................... 3
ARTICLE VII Powers and Duties of Board of Directors.............................. 4
ARTICLE VIII Officers and Their Duties ................................................ 6
ARTICLE IX Committees................................................................. 8
ARTICLE X Books and Records........................................................ 8
ARTICLE XI Amendments ............................................................... 8
� ARTICLE XII Indemnification of Directors and Officers............................. 9
Ga
� ARTICLE XIII Attorney Fees.............................................................. 9
O
� ARTICLE XIV Venue ..... .......................... 10
,r.� ........................................
Ca
0 ARTICLE XV Fiscal Year................................................................. 10
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ITA940700.0471 -1-
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BYLAWS
OF'
SUNSET HILLS H4ME4`'V�TFRS ASSOCIATION
ARTICLE I
Name and c. tion
�---
The name of the corporation is SUNSrT HILLS HOMEOWNERS
ASSOGIATION, hereinafter refened to as the "Association." The principal office of
the Association shall be located at 1309 - 114t1i Avenue Southeast, Suite 218, Bellevue,
Washington 98004, but meetings of inemb�rs and directors may be held at such places
within the State of Washington, County of King, as may be designated by the Board of
Directors.
� ARTICLE II
Befii�itiors
'Tlie terms used in these Byla�vs shall have the same meariing as t3►�se used in
�� the Declaration (the "D:claration") for SUNSET HiLLS, recorded under King County
Auditor's No. , and as amended from time to time.
, ARTICLE III
� MeetinRs of Membcrs
� Section 1. Annual Mee in_gs. The first aur�ual meetin� �t the members shall be
O
C'� held at the discretion of the original Directors within one (1) year from the date of
'r'+ incorporation of the tlssociation. Thereafter, a�lnual meetings shall be held or� the
0 anniversary of such date in each succeeding year, or on such date as approved by a
�?' majority of the menzbership if they decide the ani�ual meeting should be held on
� another date for each succeecling year. If the day for the annual meeting of the
members is a Saturday, Sunday, or legal holiday, the meetino shall be held at the same
hoar on the first da� following which is not a Saturday, Sunday, or legal holiday.
Section 2. Srecial Meetin�s. Special meetings of the men�bers may be called
at any time by the President, a majority of tne Directors, or on written request or
members entitled to vote, in the aggregate, twenty percent (20%) of tl�e votes.
Section :i. I�Totice of Nleetin�s. Written notice of each meeting of the members
shall be given by, or at the direction of, the Secretary or person authorized to call the
meeting, by hand delivery or by mailing a copy of such nolice, postage prepaid, at least
ten (10) days before but not more than sixty (60) days before such meeting to each
member entitled to vote at the meeting, addressed to the member's address last
ITA840700.0471 -�
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appearing on the books of the Association, or supplied in writing by such member to
the Association for the purpose of notice. Such notice shall specify the place, day, and
hour of the meeting, and the items on the agenda to be voted on by the members,
including the general nature of any proposed amendment to the Declaration or Bylaws,
changes of a previously approved budget that result in assessment obligations, and any
proposal to remove a Director or officer. All meetings sha11 be held at such place as is
convenient for the members as determined by the President, but in any event, in King
County, Washington.
Section 4. uorum. The presence at the beginning of any meeting of inembers
entitled to cast twenty-five percent (25°b) of the votes of the Association shall
constitute a quorum throughout that meeting for any action. If a quorum is not present
or represented at any meeting, the members entitled to vote may adjourn the meeting
from time to time, without notice other than announcement at the meeting, until a
quorum as aforesaid shall be present or be represented.
Section 5. Manner of Voting. At all meetings of inembers, each member may
vote in person, by mail, or by proxy. There should be one voting Owner or agent for '�,
each Lot. Such voting Owner or agent shall be designated by the Owner or Owners of
a Lot by written notice signed by each party with an ownership interest, which notice
� shall be filed with the Secretary of the Board of Directors. The voting agent need not
� be an Owner. Any designation of voting Owner or agent may be revoked at any time
p by any one of the parties with an ownership interest in the Lot on written notice filed
� with the Secretary of the Board of Directors. Such designation shall be deemed
� revoked when the Secretary receives actual notice of the death or judicially declared
O incompetency of the Owner of the Lot, or of the conveyance of such ownership
"-'%" interest. When no designation is made, or where designation has been made and
� revoked and no new designation has been made, the voting Owner shall be the person
or group composed of all Owners of that Lot who attend any meeting of the
Association; however, votes may not be split by multiple Owners of a Lot. Thus, if
multiple Owners cannot agree on a vote, their vote will not be counted on a vote of the
Association membership, even though those Owners may be counted for purposes of a
quorum (as if abstaining). A proxy is void if it is not dated or purports to be revocable
without notice. Unless staterl otherwise in the proxy, a proxy terminates eleven (11)
months after its date of issuance.
ARTICLE IV
Board of Directors; Selection; Term of Office
Section 1. Number of Directors. The affairs of the Association shall be
managed by a Board of Directors. The number of Directors which shall constitute the
whole Board shall be not less than three (3) and no more than five (5). The initial
ITA940700.0471 -L'
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Board shall be composed of three (3) Directors. Until succeeded by the Directors
� elected by the Lot Owners, Directors need not be Lot Owners.
Section 2. Compensation. No Director shall receive compensation for any
service rendered to the Association. However, a Director may be reimbursed for actual
expenses incurred in the performance of duties.
Section 3. Term of Office. The members of the first Board of Directors
elected entirely by the Lot Owners shall serve terms of office as follows: one (1)
Director shall serve for a term of one year; one (1) Director shall serve for a term of
two years; and the remaining Director(s) shall serve for a term of three years. At each
annual meeting after the initial Board is elected, the members shall elect to a three-year
term one new Director for each Director whose term has expired that year.
ARTICLE V
Standard of Care for Directors
If a Director is appointed by the Declarant, the care required of that Director
shall be the care of a fiduciary to the Lot Owners; if a Director is elected by the Lot
Owners, then the duty of care required shall be ordinary and reasonable care.
However, if the statutory standard of care is, at any time, different than the standard of
� care set forth in these Bylaws, the Bylaws shall be deemed amended so that the
�„� standard of care shall be that standard set forth statutorily for homeowner's associations
p in the State of Washington. This section shall not apply where the consequences of an
� act, omission, error, or negligence are covered by the insurance obtained by the Board.
�
� ARTICLE VI
� Meetings of Directors
�
Section 1. Regular MeetinQs. Regular meetings of the Board of Directors shall
be held no less than one (1) time a year at such place and hour as may be fixed by the
Board of Directors. Notice shall be given annually to the members of next year's
meetings times.
Section 2. �ecial Meetin�s. Special meetings of the Board of Directors shall
be held when called by the President of the Association, or by any Director, after not
less than three (3) days notice to each Director. The meeting shall be held at the same
place as the regular meetings, unless unavailable, in which event the President shall
designate the place of the special meeting.
Section 3. uorum. A quor«m is deemed present throughout any meeting of
the Board of Directors if persons entitled to cast fifty percent (50%) of the votes on the
Board of Directors are present at the beginning of the meeting. Members present
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through use of telephone shall be deemed present for purposes of a quorum, and may
� vote by telephone. Every act or decision done or made by a majority of the Directors
present at a duly held meeting at which a quorum is present shall be regarded as an act
of the Board.
ecti n 4. Action Taken Without A Meeting. The Directors may take any
action without a meeting which they could take at a meeting by obtaining the written
approval of all the Directors. Any action so approved shall have the same effect as
though taken at a meeting of the Directors.
ARTICLE VII
Powers and Duties of Board of Directors
Section 1. Powers. The Board of Directors shall have the power to do the
following:
(a) exercise for the Association all powers, duties, and authority vested in or
delegated to this Association and not reserved to the membership by
other provisions of these Bylaws, the Articles of Incorporation, or the
Declaration;
(b) as necessary to pursue the Association responsibilities, employ an
� independent contractor, or such other employees as the Board deems
GD
M necessary, and to prescribe their duties; and,
O
� (c) enforce all covenants, restrictions, and conditions of the Declaration as
� amended (this power does not in any way reduce the power of any
Ga
O member to enforce such covenant, nor does it require enforcement unless
'-''`� the Board of Directors deems such enforcement necessary).
J?
The Board shall not act on behalf of the Association to:
(a) amend the Declaration in any manner that requires the vote or approval
of the Lot Owners; or
� (b) elect members of the Board of Directors or determine the qualifications,
powers, and duties, or terms of office of inembers of the Board of
Directors; provided, however, that the Board of Directors may fill
vacancies in its membership for the unexpired portion of any term.
Section 2. Duties. It shall be the duty of the Board of Directors to do, in their
discretion, as follows:
ITA940700.0471 -�-
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(a) keep a complete record of all its acts and corporate affairs and to present
a statement thereof to the members at the annual meeting of the
members, or at any special meeting when such statement is requested in
writing by any one of the members who are entitled to vote;
(b) supervise all officers, agents, and employees of this Association, and see
that their duties are properly performed;
(c) as more fully provided in the Declaration, to do as follows:
i fix the amount of the annual assessment a ainst
I � ) g
each I,ot at least thirty (30) days in advance of
each annual assessment period;
(ii) send written notice of each assessment to every I.ot
Owner subject thereto at least thirty (30) days in
advance of each annual assessment period;
(iii) file a lien if the assessment is not paid within sixty
(60) days; and,
� (iv) when deemed necessary, may foreclose on the lien
1
, M after thirty (30) days but pnor to ten ( 0) years
� from date of assessment;
C'�
� (d) issue, or to cause an appropriate officer to issue, on demand by any
� person, a statement signed by the treasurer setting forth whether or not
O
r+' any assessment has been paid. A reasonable charge may be made by the
� Board for the issuance of such statement. If a statement states an
, assessment has been paid, such statement shall be conclusive evidence of
such payment;
' (e) enforce covenants as provided in the Declaration when deemed necessary
by a vote of a majority of the Directors (this power of enforcement is in
addition to the powers of the enforcement of any individual Owner);
(fl in the event of Common Areas, procure and maintain adequate liability
and hazard insurance on property owned by the Association. Procure
and maintain adequate liability insurance for the Directors of the Board
of Directors;
(g) maintain any Common Areas as set forth in the Declaration;
ITA940700.0471 'S'
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(h) perform any and all other functions which are necessary for maintenance
and continuance of the Association; and
(i) within thirty (30) days after adoption of any proposed budget, the Board
of Directors shall provide a summary of the budget to all Owners.
ARTICLE VIII
Officers and Their Duties
Section 1. Enumeradon of Officers. The officers of this Association shall be a
president, vice president, secretary, and treasurer, who shall at all times be members of
the Board of Directors, and such other officers as the Board may from time to time by
resolution create.
Section 2. Election of Officers. The election of officers shall take place at the
first meeting of the Board of Directors following each annual meeting of the members.
Section 3. Term. The officers of this Association shall be elected annually by
the Board and each shall hold office for one (1) year, or until that officer's successor is
elected, unless the officer sooner resigns, or shall be removed, or otherwise is
disqualified to serve.
�, Section 4. Snecial A�,pointments. The Board may elect such other officers as
� the affairs of the Association may require, each of whom shall hold office for such
� period, have such authority, and perform such duties as the Board may, from time to
� time, determine.
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Ca Section 5. Resignation and Removal. Any officer may be removed from office
� with or without cause by the Board. Any officer may resign at any time by giving
,� written notice to the Board, the president, or the secretary. Such resignation shall take
effect on the date of receipt of such notice or at any later time specified therein, and
unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective.
Section 6. Vacancies. A vacancy in any office may be filled by appointment
by the Board. The officer appointed to such vacancy shall serve for the remainder of
the term of the officer who is replaced.
Section 7. Multiple Offices. The offices of secretary and treasurer may be held
by the same person.
Section 8. Duties. The duties of the officers are as follows:
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(a) President. The president shall preside at all meetings of the Board of
Directors; shall see that orders and resolutions of the Board are carried
out; and shall sign all written instruments and promissory notes.
(b) Vice President. The vice president shall act in the place and stead of the
president in the event of absence, inability, or refusal to act, and shall
exercise and discharge such other duties as may be required by the
Board.
(c) Secre . The secretary shall record the votes and keep the minutes of
all meetings and proceedings of the Board and of the members; serve
notice of ineetings of the Board and of the members; keep appropriate
current records showing the members of the Association together with
their addresses; prepare, execute, certify and record Amendments to the
Declaration on behalf of the Association; and, perform such other duties
as required by the Board.
(d) Treasurer. The treasurer shall receive and deposit in appropriate bank
accounts all monies of the Association and shall: disburse such funds as
directed by resolution of the Board of Directors; sign all checks and
promissory notes of the Association; keep proper books of accounts;
� cause an annual audit of the Association books to be made by a public
� accountant whenever requested by the Board or by one of the voting
� members; and, prepare an annual budget and a statement of income and
� expenditures as set forth above. The desired time for preparation shall
;� be just prior to the regular annual meeting so that the budget and
� statement can be presenterl to the membership at its regular annual
,;,,, meeting.
ARTICLE IX
Committees
The Board of Directors shall appoint such committees as it deems appropriate in
carrying out its purpose.
ARTICLE X
Books and Records
The books, records, and papers of the Association shall at all times, during
reasonable business hours, be subject to inspection by any member. The Declaration,
the Articles of Incorporation, and the Bylaws of the Association, shall be available for
inspection by any member at the office of the Secretary of the Association, where
copies may be purchased at reasonable cost.
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ARTICLE XI
Amendments
Section 1. B�laws. These Bylaws may be amended only with the written
approval of Owners who represent at least sixty-seven percent (67%) of the total
allocated votes in the Association and holders of at least fifty-one percent (S 1%) of the
first mortgages (based on one (1) vote for each first mortgage owned) of the individual
Lots.
Section 2. Conflict. In the case of any conflict between the Articles of
Incorporation and these Bylaws, the Articles shall control; and in the case of any
conflict between the Declaration and these Bylaws, the Declaration shall control.
ARTICLE XII
Indemnification of Directors and Officers
Section 1. Ri�ht of Indemnification. The Association shall indemnify its
Directors and Officers against all liability, damage, or expense resulting from the fact
that such person is or was a Director or Officer, to the maximum extent and under all
� circumstances permittetl by law.
0 Section 2. Effect on Other Ri�. The right to indemnification and the
� payment of expenses incuned in defending a proceeding in advance of its final
� disposition conferred in this Article shall not be exclusive of any other right which any
� person may have or hereafter acquire under any statute, provision of the Articles of
�!" Incorporation, Bylaws, agreement, vote of shareholders, or disinteresteti Directors or
y otherwise.
Section 3. Insurance. The Association may maintain insurance, at its expense,
to protect itself and any Director, officer, employee, or agent of the Association or
another association, partnership, joint venture, trust, or other enterprise against any
expense, liability, or loss, whether or not the Association would have the power to
indemnify such person against such expense, liability, or loss under the Washington
Nonprofit Corporation Act. The Association may enter into contracts with any
Director or officer of the Association in furtherance of the provisions of this Article
and may create a trust fund, grant a security interest, or use other means (including,
without limitation, a letter of credit) to ensure the payment of such amounts as may be
necessary to effect indemnification as provided in this Article.
Section 4. Advance Payment. The Association may, by action of its Board of
Directors from time to time, provide indemnification and pay expenses in advance of
the final disposition of a proceeding to employees and agents of the Association with
the same scope and effect as the provisions of this Article with respect to the
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indemnification and advancement of expenses of Directors and officers of the
Association or pursuant to rights granted pursuant to, or provided by, the Washington
Nonprofit Corporation Act or otherwise.
ARTICLE XIII
, Attorney Fees
Should any dispute arise regarding the terms of these Bylaws, the Declaration,
the Articles of Incorporation, or the Rules and Regulations of the Association, the
prevailing party shall recover reasonable attorney fees and costs, including those for
aPPeals.
ARTICLE XIV
Venue
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� Venue, for purposes of these Bylaws, shall be King County, Washington.
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ARTICLE XV
� Fiscal Year
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� The fiscal year of the Association shall be a calendar year, unless determined
O otherwise by the Board of Directors.
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� IN WITNESS WHEREOF, we, being all of the Directors of SUNSET HILLS
HOMEOWNERS ASSOCIATION have hereunto set our hands'this � "w day of
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` � 1994.
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GORDON S. JOHI�TSON `�
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MICHA.£��:-DAVIS��
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,d': RO S W�RT GTON
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CONSENT TO APPOINTMENT AS REGISTERED AGENT
I, GORDON S. JOHNSON, do hereby consent to serve as Registered Agent in the
State of Washington for Sunset Hills Homeowners Association, a Washington
� Nonprofit Corporation. I understand that as agent for the corporation, it will be my
' responsibility to receive service of process in the name of the corporation, to forward
all mail to the corporation, and to immediately notify the office of the Secretary of
� State in the event of my resignation or of any changes in the registered office address
of the corporation for which I am agent.
� DATED this � day of , 1994.
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I O GORDON S. JOHNSON
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� Registered Office Address: �---
1309 -114the Avenue SE, Ste. 218
Bellevue, WA 98004
�TA940760.1981