HomeMy WebLinkAboutL_CCRs_211207_v1.pdf
{04408737.DOC;3 } - 1 -
WHEN RECORDED, RETURN TO:
Tri Pointe Homes
15900 SE Eastgate Way, Suite 300
Bellevue, WA 98008
Attn: Barbara Yarington
Document Title Declaration of Covenants, Conditions, and Restrictions for
River Trail at Elliott Farm
Reference Number of Related Document _____________________ (Map)
Grantor Tri Point Homes Washington, Inc., a Washington
corporation
Grantee River Trail at Elliott Farm, a plat community
River Trail at Elliott Farm Homeowners Association, a
Washington nonprofit corporation
Tri Point Homes Washington, Inc.
Abbreviated Legal Description A portion of the NW 1/4 of the SE 1/4 and the SW 1/4 of
the NE 1/4 Section 22, Township 23 N., Range 5 E., W.M.,
Renton, King County, Washington
Tax Parcel Numbers 2223059004
{04408737.DOC;3 } - 2 -
DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS
FOR RIVER TRAIL AT ELLIOTT FARM
This Declaration of Covenants, Conditions, and Restrictions for River Trail at Elliott Farm
(“Declaration”) is made this _____ day of ___________, 20___, by Tri Point Homes Washington, Inc., a
Washington corporation (“Declarant”), as the owner of certain real property situated in King County,
State of Washington, as such property is more specifically described on Exhibit A, which is attached
hereto and incorporated herein by this reference (“Real Property”).
RECITALS
Declarant desires to develop the Real Property as a townhome plat community to be known as
River Trail at Elliott Farm (“Plat Community”). Declarant also desires to create common elements and
facilities for the benefit of the Plat Community and to provide for the preservation of the property values
in the Plat Community. Where a term is defined in Chapter 64.90 of the Revised Coded of Washington
(“RCW”), known as the Washington Uniform Common Interest Ownership Act (“Act”), and is not
otherwise defined herein, such term will have the meaning given to it by the Act.
This Declaration establishes a plan for the private ownership of Lots (defined below) and the
buildings constructed thereon, for the dedication of certain areas to the public, and for the beneficial
ownership through a nonprofit corporation of certain other land and related easements, hereafter defined
and referred to as the “Common Elements.” The nonprofit corporation shall be delegated and assigned
the duties and powers of maintaining and administering the Common Elements, administering and
enforcing these covenants, conditions, and restrictions, and collecting and disbursing the assessments and
charges hereinafter created.
NOW, THEREFORE, Declarant hereby covenants, agrees, and declares that all of the Real
Property, as defined herein, and the buildings and structures hereafter constructed thereon are, and will
be, held, sold, and conveyed subject to and burdened by the following covenants, conditions, restrictio ns,
and easements, all of which are for the purpose of enhancing and protecting the value, desirability, and
attractiveness of the Plat Community for the benefit of the Lot Owners thereof, their heirs, successors,
grantees, and assigns. All provisions of this Declaration and the Act, shall be binding upon all parties
having or acquiring any right, title, or interest in the Real Property or any part thereof, and shall inure to
the benefit of the Lot Owners thereof and to the benefit of the Association and are intended to be and shall
in all respects be regarded as covenants running with the land.
ARTICLE 1. DEFINITIONS
Section 1.1 “ACC” means the Architectural Control Committee described in Article 4.
Section 1.2 “Act” means the Washington Uniform Common Interest Ownership Act Chapter
64.90 of the Revised Coded of Washington (“RCW”).
Section 1.2 “Association” means the River Trail at Elliot Farm Homeowners Association, a
Washington nonprofit corporation, and its successors and assigns.
Section 1.3 “Association Action” means a written corporate action of the Association in the
form of either a bylaw or resolution duly passed by either the Board or the Lot Owners.
{04408737.DOC;3 } - 3 -
Section 1.4 “Board” or “Board of Directors” means the board of directors of the
Association with primary authority to manage the affairs of the Association.
Section 1.5 “Common Elements” means real estate other than a Lot within the Plat
Community owned and/or maintained by the Association. As of the date of this Declaration, the Common
Elements consist of: all Common Elements depicted on the Map, including without limitation, the roads,
sidewalks and recreational areas, all as identified and/or illustrated on the Map, recorded in the real
property records of King County.
Section 1.6 “Common Expenses” means any expense of the Association, including
allocations to reserves, as provided for in the Act and this Declaration.
Section 1.7 “Declarant” means the entity described on the first page of this Declaration and
its respective successors and assigns. Nothing contained herein shall be deemed or construed by the
Association or by any third party, to create the relationship of principal and agent, or a partnership, or a
joint venture, or any association between or among any of the signatories hereto.
Section 1.8 “Declarant Control Period” means the period of time from the date of recording
of this Declaration until the earlier of: (a) sixty (60) days after conveyance of seventy-five percent (75%)
of the Lots that may be created to Lot Owners other than Declarant; (b) two (2) years after the last
conveyance of a Lot, except to a dealer; (c) two (2) years after any right to add new Lots was last
exercised; or (d) the day Declarant, after giving notice in a record to Lot Owners, records an amendment
to this Declaration voluntarily surrendering all rights to appoint and remove officers and Board members .
A partial delegation of authority by the Declarant of any of its management duties described in the
Declaration shall not terminate the Declarant Control Period.
Section 1.9 “Declaration” means this instrument, as the same may be supplemented or
amended from time to time.
Section 1.10 “Governing Documents” means this Declaration, the Map, the articles of
incorporation, bylaws and rules and regulations of the Association, or any other written instrument by
which the Association has the authority to exercise any of the powers to manage, maintain, or otherwise
affect the Plat Community, as any of the foregoing may be amended from time to time.
Section 1.11 “Lot” means any legally segmented and alienable portion of the Real Property
created through subdivision or any other legal process for dividing land and subjected to this Declaration
by an appropriate recording, with the exception of Tracts and Common Elements. As indicated on the
Map, the Plat Community shall include forty-five (45) Lots. The term “Lot” in this Declaration is
intended to have the same meaning as the term “unit” as defined in the Act (Ch. 64.90 RCW); in the event
of a conflict between the two definitions, the Act shall control.
Section 1.12 “Lot Owner” or “Owner” means the record owner (whether one or more
persons or entities) of a fee interest in any Lot, including the Declarant but excluding Mortgagees or other
persons or entities having such interest merely as security for the performance of any obligation.
Purchasers or assignees under recorded real estate contracts shall be deemed Lot Owners as against their
respective sellers or assignors.
Section 1.13 “Map” means the final plat of River Trail at Elliott Farm recorded under King
County recording no. _______________.
{04408737.DOC;3 } - 4 -
Section 1.14 “Mortgagee” means the holder of a security interest on a Lot.
Section 1.15 “Party Wall” means any of the walls built on the boundary lines separating any
of the Lots. When used in reference to particular Lots, it refers to the Party Wall on the boundary line
separating those Lots. The term “Party Wall” includes all components of and within that wall including,
but not limited to, framing, joists, insulation, soundproofing, pipes, lines, wires, conduits, other utility
infrastructure, and other components as originally constructed; all components below that wall including,
but not limited to, the footings and other components as originally constructed and the supporting ground;
all components above that wall including, but not limited to, the rafters, the roof, the parapet cap, and
other components as originally constructed; and all components on the sides or exteriors of that wall
including, but not limited to, siding, trim, and other components as originally constructed.
Section 1.16 “Party Wall Adjoining Lots” means each set of Lots whose homes share a Party
Wall. When used in reference to a particular Owner, it refers to the Party Wa ll Adjoining Lot owned by
that Owner. If a Lot has two or more Party Walls, the term “Party Wall Adjoining Lots” refers to the two
Lots that share a particular Party Wall.
Section 1.17 “Real Property” means that certain real property, which is legally described on
Exhibit A attached hereto, and such additions thereto as may hereafter be brought within the terms and
conditions hereof by an appropriate recording.
Section 1.18 “Reserve Account” has the meaning set forth in Section 3.12 of this Declaration.
Section 1.19 “Reserve Component” means a physical component of the Plat Community
which the Association is obligated to maintain, repair or replace, which has an estimated useful life of less
than thirty (30) years, and for which the cost of such maintenance, repair or replacement is infrequent,
significant and impractical to include in an annual budget.
Section 1.20 “Reserve Study Professional” means an independent person who is suitably
qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance
with the Act.
Section 1.21 “Significant Assets” means that the current replacement value of the major
Reserve Components is seventy-five percent (75%) or more of the gross budget of the Association,
excluding the Association’s Reserve Account funds.
Section 1.22 “Structure” includes any home, building, fence, wall, driveway, walkway, patio,
garage, storage shed, carport, mailbox, basketball hoop, play equipment, climbing apparatus, swimming
pool, rockery, dog run or the like.
Section 1.23 “Tract” means any legally segmented and alienable portion of the Real Property
created through subdivision or any other legal process for dividing land and subjected to this Declaration
by an appropriate recording, with the exception of Lots and Common Elements.
ARTICLE 2. RIVER TRAIL AT ELLIOT FARM HOMEOWNERS ASSOCIATION
Section 2.1 Description of Association. The Association is a nonprofit corporation
organized and existing under the laws of the State of Washington charged with the duties and vested with
{04408737.DOC;3 } - 5 -
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 of the Association other than this
Declaration shall for any reason be amended or otherwise changed or interpreted so as to be inconsistent
with this Declaration. The Association shall have a perpetual existence. Upon dissolution or final winding
up of the Association entity under the laws of the State of Washington, all of its assets remaining after
payment to creditors will be distributed or sold, and the sales proceeds distributed, to the members of the
Association entity in accordance with the Articles of Incorporation, Bylaws, and provisions of RCW
24.03 and the Act. In the case of any conflict between the provisions of RCW 24.03 and the Act, the Act
shall control. The Lot Owners are responsible for providing that the Association continues to be a
functioning legal entity.
Section 2.2 Association Board. During the Declarant Control Period, the Declarant, or
persons designated by Declarant, shall have the power to appoint or remove any member of the Board .
Notwithstanding the foregoing, no later than sixty (60) days after conveyance of twenty-five percent
(25%) of the Lots that may be created to Lot Owners other than Declarant, at least one (1) member and
not less than twenty-five percent (25%) of the members of the Board must be elected by Lot Owners other
than Declarant. Not later than sixty (60) days after conveyance of fifty percent (50%) of the Lots that may
be created to Lot Owners other than Declarant, not less than thirty-three and one-third percent (33.33%)
of the members of the Board must be elected by Lot Owners other than Declarant. Until such members
are elected and take office, the existing Board may continue to act on behalf of the Association. Within
thirty (30) days after the termination of the Declarant Control Period, the Board must schedule a transition
meeting and provide notice to the Lot Owners in accordance with RCW 64.90.445(1)(c). At the transition
meeting, the Board elected by the Lot Owners must be elected in accordance with RCW 64.90.410(2).
Within thirty (30) days after the transition meeting, Declarant shall deliver the materials required by RCW
64.90.420 to the Association. Within sixty (60) days after the transition meeting, the Board shall retain
the services of a certified public accountant to audit the records of the Association as of the date of the
transition meeting in accordance with generally accepted accounting standards, unless a majority of the
members elects to waive such audit.
Section 2.3 Votes Appurtenant to Lots. Every Lot Owner shall be a member of the
Association. The Lot Owner(s) of a Lot shall be entitled to cast one (1) 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. Lot Owner
voting shall be governed by RCW 64.90.455, as it may be amended.
Section 2.4 Lot Owner’s Compliance. 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 Lot
Owner thereof covenants and agrees, on behalf of himself and his or her heirs, successors, and assigns, to
observe and comply with the terms of the Map, this Declaration, the Governing Documents of the
Association, and all rules and regulations duly promulgated pursuant to Association Action.
Section 2.5 Bylaws, Rules and Regulations. The Board, on behalf of the Association, shall
have the power to adopt, modify, and amend rules and regulations governing the use of the Real Property,
provided that such rules and regulations shall not be inconsistent with this Declaration and during the
Declarant Control Period, must be approved in writing by the Declarant . The rules and regulations shall
apply uniformly to all Lot Owners, except as specifically provided herein. The Board shall have the
power to enforce the rules and regulations on behalf of the 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 Elements or portions thereof. The Board must, before adopting, amending or repealing any rule,
{04408737.DOC;3 } - 6 -
give all Lot Owners notice of: (a) its intention to adopt, amend or repeal a rule and provide the text of the
rule or the proposed change; and (b) a date on which the Board will act on the proposed rule or
amendment after considering comments from Lot Owners. Following adoption, amendment or repeal of a
rule, the Association must give notice to the Lot Owners of its action and provide a copy of any new or
revised rule. 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 Bylaws and rules and
regulations of the Association.
Section 2.6 Right of Entry for Inspections, Maintenance, Repairs, Emergencies or
Improvements. The Association, acting through its agents and employees, shall have the right to have
access to each Lot from time to time as may reasonably be necessary for inspection, maintenance, repai r
or replacement or improvement of any of the Common Elements accessible therefrom, or for making
repairs or remedying conditions, including removing dangerous structures, on a Lot as deemed necessary
by the Board, in the Board’s reasonable discretion, to prevent damage to the Common Elements or to
other Lots or improvements thereon, or for any emergency situations. The cost of work necessary to
remedy such conditions caused by or refused to be corrected by the Lot Owner shall be a special
assessment on such Lot Owner and his or her Lot only. The Association’s right provided in this section
shall be exercisable after seven (7) days’ notice to the Lot Owner and an opportunity to be heard if
requested by the Lot Owner, and approval by a two-thirds (2/3) majority vote by the Board. The
foregoing notice shall not be required in the event of an emergency situation, as determined by the Board
in its reasonable discretion.
Section 2.7 Implied Rights. The Association may exercise any right or privilege given to it
expressly by this Declaration or the bylaws or which may be reasonably implied from, or reasonably
necessary to effectuate, any such right or privilege.
Section 2.8 Special Declarant Rights. Subject to the Act, Declarant shall have the right to
do the following for a period of ten (10) years following the sale of the first Lot within the Plat
Community by Declarant:
(i) Complete any improvements indicated on the Map or described in this Declaration or
the public offering statement pursuant to RCW 64.90.610(1)(h);
(ii) Exercise any Development Right;
(iii) Maintain sales offices, management offices, signs advertising the Plat Community,
and models until Declarant no longer owns any Lots in the Plat Community or no longer has the right to
create a Lot in the Plat Community;
(iv) Use easements through the Common Elements for the purpose of making
improvements within the Plat Community or within real property that may be added to the Plat
Community;
(v) Make the Plat Community subject to a master association;
(vi) Merge or consolidate a common interest community with another common interest
community of the same form of ownership;
(vii) Appoint or remove any officer or board member of the association or any master
{04408737.DOC;3 } - 7 -
association or to veto or approve a proposed action of any board or association;
(viii) Control any construction, design review, or aesthetic standards committee or
process until Declarant no longer owns any Lots;
(ix) Attend meetings of the Lot Owners and, except during an executive session, the
Board; and
(x) Have access to the records of the Association to the same extent as a Lot Owner
(collectively, the “Special Declarant Rights”).
Except as otherwise provided in this Declaration, all Special Declarant Rights shall ex pire ten (10) years
after the conveyance of the first Lot in the Plat Community; provided, that Declarant may voluntarily
terminate any and all such rights at any time by recording an amendment to the Declaration, which
amendment specifies which rights are thereby terminated.
Section 2.9 Association Property. The Association, through action of its Board, may
acquire, hold, and dispose of tangible and intangible personal property and real property.
ARTICLE 3. ASSOCIATION BUDGET, ASSESSMENTS, AND LIENS
Section 3.1 Lot Owner’s Covenants to Pay Assessments. By acquisition of any ownership
interest in a Lot, the Lot Owner thereof covenants and agrees thereby, on behalf of himself or herself and
his or her heirs, successors, and assigns, to pay the Association, in advance, all general and special
assessments levied as provided herein. Assessments for Common Expenses and those specially allocated
expenses must commence on all Lots that have been created upon the conveyance of the first Lot in the
Plat Community; however, Declarant may delay commencement of assessments for some or all Common
Expenses or specially allocated expenses, in which event Declarant must pay all of the Common
Expenses or specially allocated expenses that have been delayed.
Section 3.2 Specially Allocated Expenses. Pursuant to RCW 64.90.480, the Association
shall specially allocate certain expenses as follows:
(i) Expenses benefiting fewer than all of the Lots, or the Lot Owners of such benefited
Lots exclusively, must be assessed against the Lots benefited, with the expenses allocated evenly between
the benefited Lots.
(ii) Assessments to pay a judgment against the Association may be made only against the
Lots in the Plat Community at the time the judgment was entered, in proportion to their Common
Expense liabilities.
(iii) To the extent that any expense of the Association is caused by the negligence, gross
negligence or willful misconduct of any Lot Owner or that Owner’s tenant, guest, invitee, or occupant, the
Association may assess that expense against the Owner’s Lot after notice and an opportunity to be heard,
to the extent of the Association’s deductible and any expenses not covered under an insurance policy
issued to the Association.
(iv) In the event of a loss or damage to a Lot that would be covered by the Association’s
property insurance policy, excluding policies for earthquake, flood, or similar losses that have higher than
{04408737.DOC;3 } - 8 -
standard deductibles, but that is within the deductible under that policy, the Association may assess the
amount of the loss up to the deductible against that Lot. This subsection does not prevent a Lot Owner
from asserting a claim against another person for the amount assessed if that other person would be liable
for the damages under general legal principles.
Section 3.3 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. Declarant shall adopt the initial operating budget for the Association. 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 maintenance expenses of the Common Elements, and services furnished to or in
connection with the Common Elements, including the amount of all taxes and assessments levied against,
and the cost of liability, property and other insurance on, the Common Elements, and including charges
for any services furnished by or to the Association; the cost of utilities and other services; and the cost of
funding all reserves established by the Association. The funds required to meet the Association’s annual
expenses shall be raised from a general assessment against each Lot Owner as provided hereafter. After
adoption of the operating budget, the Association may revise the operating budget at any time and from
time to time, in accordance with the procedures set forth in Subsection 3.3(a) below, as it deems
necessary or advisable in order to take into account and defray additional costs and expenses of the
Association.
(a) Adoption of Budget. Prior to adopting the proposed regular budget, the Board
shall submit the proposed Common Element Budget to the Common Element Committee in accordance
with Section 8.3 below. Within thirty (30) days after adoption by the Board of any proposed regular or
special budget of the Association, the Board shall provide a copy of the proposed budget to all Lot
Owners and set a date for a meeting of the Lot Owners to consider ratification of the budget not less than
fourteen (14) nor more than fifty (50) days after providing the budget . Unless at that meeting the Lot
Owners to which a majority of the votes in the Association are allocated reject the budget, in person or by
proxy, the budget and the assessments against the Lots included in the budget are ratified, whether or not
a quorum is present. In the event the proposed budget is rejected, or the required notice is not given, the
periodic budget last ratified by the Lot Owners shall be continued until such time as the Owners ratify a
subsequent budget proposed by the Board.
(b) Budget Summary. As part of the summary of the budget provided to all Lot
Owners, the Board shall disclose to the Lot Owners:
(i) The projected income to the Association by category;
(ii) The projected Common Expenses and those specially allocated expenses
that are subject to being budgeted, both by category;
(iii) The amount of assessments per Lot and the date the assessments are due;
(iv) The current amount of regular assessments budgeted for contribution to
the Reserve Account;
(v) A statement of whether the Association has a Reserve Study that meets
the requirements of RCW 64.90.550 and, if so, the extent to which the budget meets or deviates from the
recommendations of the reserve study; and
{04408737.DOC;3 } - 9 -
(vi) The current deficiency or surplus in reserve funding expressed on a per
Lot basis.
Section 3.4 Levy of General Assessment. In order to meet the costs and expenses projected
in its operating budget, the Association shall determine and levy in advance on every Lot a general
assessment, which shall become effective only after the Board follows the procedure for ratification of a
budget described in Subsection 3.3(a) and the Lot Owners do not reject the proposed assessment. The
amount of each Lot’s general assessment shall be the amount of the Association’s operating budget
divided by the sum of the number of Lots. 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
Lot Owner from the obligation to pay the general assessment, or any installment thereof, for that or any
subsequent assessment period, but the general assessment fixed for the preceding period shall continue
until a new assessment is fixed. Upon any revision by the Association of the operating budget during the
assessment period for which such budget was prepared, the Association shall, if necessary, revise the
general assessment levied against Lots and give notice to each Lot Owner in accordance with Subsection
3.3(a).
Section 3.5 Payment of Assessment. Installments of general assessments may be collected
on a monthly, quarterly, semi-annual, or annual basis, as determined by the Board and ratified by the Lot
Owners in accordance with Subsection 3.3(a). Unless the Board otherwise provides, one-twelfth (1/12) of
the General Assessment shall be due in advance on the first day of each calendar month . Any Lot Owner
may prepay one or more installments on any assessment levied by the Association without penalty.
Section 3.6 Nondiscriminatory Assessment. Except as otherwise specifically provided
herein, no assessment shall be made at any time which may unreasonably discriminate against any
particular Lot Owner or group of Owners in favor of other Owners.
Section 3.7 Commencement of Assessments. Liability of a Lot Owner for assessments shall
commence on the date upon which any instrument of transfer to such Lot 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
commencement date of Lot Owner’s occupancy of such Lot.
Upon the initial closing on any Lot from Declarant, the buyer thereof shall pay a one-time
assessment in the amount of Five Hundred Dollars ($500.00). This amount shall be in addition to any
assessment established by the Association, and shall be paid by all buyers, including builders.
Section 3.8 Certificates of Assessment Payment. Upon request, the Board shall furnish
written certificates certifying the extent to which assessment payments 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 3.9 Special Assessments. In addition to the general assessments authorized by this
article, the Association may, by following the same procedure for ratification of a budget set forth in
Subsection 3.3(a), 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 Elements,
including necessary fixtures and personal property related thereto, or for such other purpose as the
{04408737.DOC;3 } - 10 -
Association may consider appropriate. The due dates of any special assessment payments shall be fixed
by the Association Action authorizing such special assessment.
Section 3.10 Effect of Nonpayment of Assessment. If any assessment payment is not made
in full within thirty (30) days after it was first due and payable, the unpaid amounts shall constitute a lien
against the Lot assessed and shall bear interest from such due 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 therefore, or any other means of acquisition of a n ownership
interest, and whether or not it shall be so expressed in any such deed or other instrument, each Lot Owner
shall be deemed to grant thereby to the Association, its agents and employees, and to Declarant during the
Declarant Control Period, the right and power to bring all actions against such Lot Owner personally for
the collection of such assessments as a debt, and to enforce the liens created by this Declaration in favor
of the Association by foreclosure of the continuing liens in the same form of action as is then provided for
the foreclosure of a mortgage on real property. The liens provided for in this Declaration shall be for the
benefit of the Association and shall arise in accordance with the terms of this Declaration without the
necessity of any further action by the Association. 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 3.11 Duration of Lien. Any lien arising pursuant to Section 3.9 shall be 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
Lot 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 Lot 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 Lot 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 a Lot Owner to pay assessments shall not, however, affect
the validity or duration of the continuing lien for unpaid assessments against the respective Lot.
Section 3.12 Reserve Account for Repair or Replacement. Unless the Plat Community has
nominal reserve costs or the cost of a reserve study or update exceeds ten percent (10%) of the
Association’s annual Common Expenses, the Association shall establish and maintain a reserve fund for
major maintenance, repair or replacement of the Common Elements and any improvements thereon
(“Reserve Account”). Such Reserve Account shall be deposited with a banking institution, and in the
name of the Association. The Reserve Account shall be expended only for the purpose of affecting the
major maintenance, repair or replacement of the Common Elements and any improvements and
community facilities thereon, and to any sidewalks, roads, walls or pathways developed as a part of the
Plat Community, equipment replacement, and for operating contingencies of a nonrecurring nature . The
Board is responsible for administering the Reserve Account. The Association may establish such other
reserves for such other purposes as it may from time to time consider to be necessary or appropriate . The
proportional interest of any Lot Owner in any such reserves shall be considered an appurtenance of his or
her Lot and shall not be separately withdrawn, assigned, or transferred from the Lot to which it
appertains.
Section 3.13 Withdrawals from Reserve Account. The Board may withdraw funds from the
Reserve Account to pay for unforeseen or unbudgeted costs that are unrelated to replacement costs of the
Reserve Components. Any such withdrawal must be recorded in the minute books of the Association. The
Board must give notice of any such withdrawal to each Lot Owner and adopt a repayment schedule not to
{04408737.DOC;3 } - 11 -
exceed twenty-four (24) months unless the Board determines that repayment within twenty-four (24)
months would impose an unreasonable burden on the Lot Owners. The Board must provide to Lot
Owners along with the annual budget adopted in accordance with Section 3.3: (a) notice of any such
withdrawal; (b) a statement of the current deficiency in reserve funding expressed on a per Lot basis; and
(c) the repayment plan. The Board may withdraw funds from the Reserve Account without satisfying the
notification for repayment requirements under this section to pay for replacement costs of Reserve
Components not included in the reserve study.
Section 3.14 Reserve Studies. The provisions of this section are intended to summarize the
requirements for reserve studies as provided in RCW 64.90.545 – 64.90.560, and in the event of any
conflict with the provisions herein, the statutory provisions shall control.
(a) Board Determination. Unless exempt under Section 3.12, The Association must
prepare and update a reserve study in accordance with this RCW 64.90.550 (“Reserve Study”). An initial
Reserve Study must be prepared by a Reserve Study Professional and based upon either a Reserve Study
Professional’s visual site inspection of completed improvements or a review of plans and specifications
for unbuilt improvements, or both when construction of some but not all of the improvements is
complete. An updated Reserve Study must be prepared annually. An updated Reserve Study must be
prepared at least every third year by a Reserve Study Professional and based upon a visual site inspection
conducted by the Reserve Study Professional.
(b) Lot Owner Demand. When more than three (3) years have passed since the date
of the last Reserve Study prepared by a Reserve Study Professional, the Lot Owners to which at least
twenty percent (20%) of the votes are allocated may demand, in writing, to the Association that the cost
of a Reserve Study be included in the next budget and that the Reserve Study be prepared by the end of
that budget year. The written demand must refer to RCW 64.90.555. The Board shall, upon receipt of the
written demand, include the cost of a Reserve Study in the next budget and, if that budget is not rejected
by the Lot Owners pursuant to Section 3.12, arrange for the preparation of a Reserve Study.
Section 3.15 Limitations on Liability related to Reserve Account and Reserve Studies .
Monetary damages or any other liability may not be awarded against or imposed upon the Association, its
officers, the Board, or those persons who may have provided advice or assistance to the Association, its
officers, or the Board, for failure to: (a) establish a Reserve Account; (b) have a current Reserve Study
prepared or updated in accordance with the requirements of the Act and this Declaration; or (c) make the
required disclosures in accordance with Subsection 3.3(b) and the Act.
Section 3.16 Failure to Comply Does Not Relieve Lot Owners. A Lot Owner’s duty to pay
assessments is not excused, and a budget ratified by the Lot Owners is not invalidated, because of the
Association’s failure to comply with the Reserve Study or Reserve Account requirements.
Section 3.17 Certain Areas Exempt. The Tracts and all portions of the Plat Community
dedicated to and accepted by a public authority shall be exempt from assessments by the Association.
ARTICLE 4. ARCHITECTURAL CONTROL COMMITTEE
Section 4.1 Architectural Control Committee. An Architectural Control Committee
(“ACC”) consisting of at least three (3) members, but in any event always an odd number of members, is
hereby created with the rights and powers set forth in this Declaration. The initial members of the ACC
shall be representatives appointed by Declarant. ACC members shall not be entitled to compensation for
{04408737.DOC;3 } - 12 -
their services hereunder, except as may be determined by the Board of Directors. Declarant shall have the
right and power at all times to appoint or renew the appointment of the members of the ACC or to fill any
vacancy until such time as Declarant no longer owns any Lots. After Declarant no longer owns any Lots,
the Board shall have the power to appoint and remove the members of the ACC.
Section 4.2 Jurisdiction and Purpose. The ACC shall review proposed plans and
specifications for construction of all residences and other Structures within the Plat Community,
including any additions, exterior alterations, fences, major landscaping, clearing, painting, paving and
excavation. Until Declarant no longer owns any Lots, a prospective Lot Owner shall submit architectural
and landscaping plans and specifications to the ACC for its review prior to closing the purchase of a Lot.
Prior to submittal to the ACC, the Lot Owner shall verify all improvements meet all local municipal
codes. The ACC assumes no liability and holds no authority to approve, permit, or allow any construction
on behalf of the local governing authorities. The ACC shall adopt and publish rules and procedures for the
review of such plans and specifications. It shall be the obligation of each Lot Owner or prospective Lot
Owner to be familiar with the rules and procedures of the ACC. As conditions precedent to approval of
any matter submitted to it, the ACC shall find:
(a) Consistent with Declaration. The approval of the plan is in the best interest of the
Lot Owner and consistent with this Declaration.
(b) General Considerations. General architectural considerations, including
relationship and layout of Structures to natural features and adjacent homes, orientation and location of
buildings, vehicular access, circulation and parking, setbacks, height, walls, fences, and similar elements
have been designed to be compatible with the overall design of the Plat Community.
(c) Site Considerations. General site considerations, including site layout,
relationship of site to vegetation, natural features, open space and topography, orientation and locations of
buildings, vehicular access and driveway lighting, circulation and parking, setbacks, height, walls, fences
and similar elements have been designed to be compatible with the overall design of the Plat Community.
(d) Landscape Considerations. General landscape considerations, including the
location, type, size, color, texture and coverage of plant materials, provisions for irrigation, maintenance
and protection of existing landscaped areas and similar elements have been considered to ensure visual
relief, to complement buildings and Structures, and to provide an attractive environment for the
enjoyment of the Lot Owners in general and the enhancement of the property values in the Plat
Community.
(e) Siding. Without limiting the foregoing, each residence, improvement or Structure
constructed on a Lot shall be built of new materials except, with approval of the Architectural Control
ACC, decorative items such as used brick, weathered planking, and similar items may be incorporated.
All siding materials shall be of masonry (including stucco, dryvit, cultured stone, brick, stone, or similar
material), and/or wood or wood-type siding material. All paints or natural finishes shall be those colors
commonly known as earth tones.
(f) Roofing. The roof shall be a composition roof with a 30-year life.
(g) Entry Walks, Porches and Decks. All front entry walks shall be concrete, and all
decks and wood porches shall be constructed of cedar or pressure-treated or composite materials.
{04408737.DOC;3 } - 13 -
(h) Driveways. All driveways shall be constructed of concrete paving.
(i) Local Codes. All buildings or Structures shall be constructed in accordance with
all applicable codes and regulations. In the event of a conflict between any applicable codes and this
Declaration, the codes shall govern.
Section 4.3 Approval Procedures. Two copies of a preliminary application for approval
must be submitted in writing to the ACC at the registered office of the Association. Within fifteen (15)
days following receipt of a preliminary application, the ACC shall notify the applicant in writing as to
whether the application is complete and, if not, of any additional information that may be required before
the ACC can review the application. The ACC’s rules and procedures may specify the payment of a
reasonable nonrefundable fee, to be set forth in the ACC rules, for the purpose of defraying the costs
associated with the ACC’s review of the preliminary application. This fee may be adjusted from time to
time by the ACC in accordance with its rules and procedures. The ACC shall review the application in
accordance with the provisions of this section as soon as possible after a complete application has been
filed. The decision of a majority of the members of the ACC shall be the decision of the ACC. One copy
of approved plans will remain in the ACC’s files. All disapproved plans will be returned to the applicant.
Section 4.4 Failure of ACC to Take Action. Except as provided in Section 4.6 below, in the
event that the ACC fails to respond to an applicant’s complete and properly submitted application within
thirty (30) days after the ACC has notified the applicant that the application is complete, formal written
approval will not be required, and the applicant shall be deemed to have fully complied with the
provisions for approval; provided, however, if the ACC delivers notice of the need for one (1) thirty (30)
day extension prior to expiration of the above-referenced thirty (30) day period, the ACC shall have thirty
(30) additional days to make its decision.
Section 4.5 ACC’s Obligation. The ACC, in its deliberations and in the discharge of its
obligations hereunder, shall act objectively and fairly in making decisions concerning various plans,
specifications, plot plans and landscape plans submitted to it by various applicants for consideration in
accordance with the provisions of this Declaration. Further, the determinations of the ACC as to
noncompliance shall be in writing, signed by the ACC, and shall set forth in reasonable detail the reason
for noncompliance. The ACC may approve, approve with conditions, or disapprove an application or any
part thereof. In all cases, the sole responsibility for satisfying the provisions of this Declaration and all
local building codes and governmental requirements rests with the applicant. In consideration of the
ACC’s review of an applicant’s application, the applicant shall indemnify and hold the ACC harmless
from any claim or damages resulting from applicant’s failure to comply with applicable building codes or
other governmental requirements.
Section 4.6 Exemptions and Variances From ACC Requirements. The ACC may, upon
request, grant exemptions and variances from the rules and procedures of the ACC and the requirements
of this Declaration when the party requesting such exemption or variance establishes to the satisfaction of
the ACC that the improvements 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 this Declaration. Request for
an exemption or variance shall be submitted in writing to the ACC and shall contain such information as
the ACC shall from time to time require. The ACC shall consider applications for exemption or variance
and shall render its decisions within thirty (30) days after notice to the applicant of proper submission .
The failure of the ACC to approve an application for an exemption or variance shall constitute
disapproval of such application.
{04408737.DOC;3 } - 14 -
Section 4.7 Construction Deposit. For purposes of protecting the Common Elements and
Common Element improvements against damage during construction by a Lot Owner, his or her
contractors and agents, the ACC has authority, but is not mandated, to require a cash deposit from each
Lot Owner to whom approval of plans is given of an amount deemed appropriate by the ACC for such
purposes (“Construction Deposit”), if the ACC finds that potential damage can be done to the Common
Element(s) caused by Lot Owner’s proposed construction. The Construction Deposit, however, shall not
exceed Two Thousand Dollars ($2,000.00). In the event a Lot Owner, his or her contractor, agents or
employees causes any damage or destruction to any portion of the Common Elements or Common
Element Improvements, the ACC shall notify such Lot Owner and request the replacement or repair of the
item or area damaged or destroyed. The Lot Owner shall have a period of two (2) business days after the
date or receipt of such notice to advise the ACC of its intended course of action and its schedule for
correction of the damage, and to commence such correction. The ACC shall in its sole discretion approve
or disapprove such course and schedule, and the Lot Owner agrees to make such changes thereto as are
necessary to obtain the ACC’s approval. If the Lot Owner fails to correct the damage in the manner or
within the time approved by the ACC, the ACC may, at its option, perform such work as is necessary to
remedy the situation on behalf and at the expense of the Lot Owner and apply the Construction Deposit
against the cost thereof. If the cost of such work exceeds the total amount of the Construction Deposit, the
Lot Owner shall pay the Association that excess cost within ten (10) days of demand by the ACC. Upon
completion of construction of the Improvements on the Lot, and following a joint inspection of the
Improvements and Lot by the Lot Owner and the ACC to verify that no damage to the Common Elements
and/or Common Element Improvements has occurred, the ACC shall make a final determination of
compliance and return the remaining balance, if any, of the Construction Deposit to the Lot Owner,
without interest within ten (10) days of such final determination.
Section 4.8 Failure of Applicant to Comply. Failure of the applicant to comply with the
rules and procedures of the ACC or the final application as approved by the ACC shall, at the election of
the Association’s Board exercised after thirty (30) days’ written notice to such applicant, 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, including, but not limited to, an action for injunctive relief or
specific performance.
ARTICLE 5. MAINTENANCE OF PROPERTY
Section 5.1 General Maintenance Obligations. The maintenance, upkeep, and repair of
individual Lots and homes shall be the sole responsibility of the individual Lot Owners thereof, and in no
way shall it be the responsibility of the Association, its agents, officers or directors. Except as otherwise
provided herein, each Owner shall keep his or her Lot and all improvements therein and thereon in good
order and repair and free of debris, in a manner and with such frequency as is consistent with good
property management, the terms and conditions of the Map, and all applicable laws. Without limitation as
to the foregoing, each Lot Owner shall be obligated to keep his or her Lot and home in a clean, sightly
and sanitary condition. The Owner shall also take all steps reasonably required to protect the Party Wall
from infestation or damage from or exposure to: rain, snow, hail, wind and other weather conditions;
moisture, dry rot, rodents, termites and other damaging or dangerous vermin or insects. In addition, each
Lot Owner shall maintain, repair and replace exterior lighting (including bulb replacement) that draws
power from such Owner's electrical meter. The buildings shall be maintained so that they have a uniform
appearance, including without limitation paint/stain color and condition, exterior finishes, exterior
window frames, coverings, and awnings, if any. Exterior paint/stain colors shall match the original colors
{04408737.DOC;3 } - 15 -
unless different colors are approved in writing by ACC. Fences, including fence stains, are governed by
Section 7.16 of this Declaration.
Section 5.2 Landscaping and Irrigation Improvements. Except as otherwise provided
herein, the Association shall maintain, repair and replace the landscaping located on the Lots, and those
irrigation improvements located thereon, in a tidy and well-kept condition, consistent with good property
management, the terms and conditions of the Map, and all applicable laws. No fences, walls, shrubs,
landscaping or other exterior improvements to the Lot other than those installed by Declarant shall be
permitted unless authorized by the ACC.
Section 5.3 Roofing and Weather Protection. Each Owner shall maintain, repair, and
replace the roof, decks, exterior siding, and other weather protection and related improvements on such
Owner’s Lot, in good condition and repair. These duties shall include rebuilding the improvements
following damage by casualty whether or not the casualty was insured. All repairs, replacements, or
reconstruction shall be completed with materials as near as possible to the quality, type, and color of the
original improvements, unless otherwise agreed upon in writing by the ACC and all Lot Owners within
the same building.
(a) In the event of damage, deterioration or destruction of the roof, decks, exterior
siding, and other weather protection and related improvements on such Owner’s Lot, such Owner shall
promptly repair or replace the damaged, deteriorated or destroyed roof, decks, exterior siding, and other
weather protection and related improvements, or portion thereof, with particular care and attention to
damages which may be caused to the home on the adjoining Lot if such work is ignored, delayed or not
accomplished in a timely and efficient manner; provided that the Association shall be responsible for the
prompt repair and replacement of damaged gutters and downspouts. Each Lot Owner owes his or her
adjoining Lot Owner(s) a duty to maintain and repair all such damages, deterioration and destruction in a
prompt and workmanlike manner.
(b) In the event of a total roof, wall, siding, deck and/or exterior trim replacement for
any building, all Owners of Lots comprising the building shall cause such work to be done. The Owners
of each Lot comprising the building shall work together to solicit at least three itemized bids and to select
and jointly contract with a single, licensed contractor to perform the required work for the building. If any
Owner refuses or fails to participate in this process of selecting and engaging a contractor, then the other
Owners of Lots in the building may select and contract with the contractor. The nonparticipating
Owner(s) shall remain responsible for such Owner's cost and such Owner's Lot shall be subject to
statutory lien rights notwithstanding the refusal or failure of such Owner to participate. The selection of
the contractor shall be determined by the majority vote of the Owners in the building with each Owner
having a single vote for each Lot owned. The cost of required work shall be allocated equally among the
Owners of the Lots comprising the building.
(c) Unless delayed by mutual agreement of all Owners, the Owners of any building
shall cause the exterior trim, and exterior siding to be repainted or re-stained, as the case may be, on or
before each fifth (5th) anniversary from _____________, 20___. The Owners of each home in a building
(including duplexes) shall, not later than 160 days before the deadline for completing the required
improvement, work together to solicit at least three itemized bids and to select and jointly contract with a
single, licensed contractor to perform the required work for the building. If any Owner in a building
refuses or fails to participate in this process of selecting and engaging a contractor, then the other Owners
of Lots on which the subject building is located may select and contract with the contractor. The
nonparticipating Owner(s) shall remain responsible for such Owner's cost , and such Owner's Lot shall be
{04408737.DOC;3 } - 16 -
subject to statutory lien rights notwithstanding the refusal or failure of such Owner to participate. The
selection of the contractor shall be determined by the majority vote of the participating Owners in any
building with each participating Owner having a single vote for each Lot owned; provided that the ACC
may select the contractor for a two-Lot building (i.e., a duplex) if the participating Owners of the duplex
cannot agree on a single contractor. The cost of required work shall be allocated equally among the
Owners of the homes comprising the building.
(d) Each Owner of a Lot on which a building is located is benefited by the
obligations imposed by this Section and shall have the right to enforce those obligations . Alternatively, if
an Owner fails to perform its obligations under this Section within a reasonable time following written
notice, any other Owner of a Lot on which the building is located may perform the required obligation,
shall have such easements and rights of entry as are necessary to do the same, and may collect the cost of
such performance from the non-performing Owner(s) together with interest at the lesser of twelve percent
(12%) per annum or the maximum rate permitted by applicable law.
Section 5.4 Failure to Perform Obligations. If any Owner fails to perform any obligation
required under this Declaration, including but not limited to the maintenance, repairs, or replacements, the
Association shall have the right, through its agents and employees, to enter upon any Lot that has been
found to violate the foregoing standards in order to restore the home or Lot to such standards; provided
that the Association first shall have provided the Lot Owner thirty (30) days’ advance written notice of
the Association’s action and that the action is approved by a two-thirds (2/3) majority vote of the Board.
The cost of such work shall be a special assessment on such Lot Owner and his or her Lot only.
Section 5.5 Utilities. Each Owner shall contract and pay for all utilities, including but not
limited to water, sewer, garbage, gas, electricity, telephone, cable T.V. and internet services, that are
separately metered or chargeable to such Owner’s Lot. If any utilities are not metered or cannot be billed
separately to each Lot, then the Association shall contract and pay for such utilities, and such utilities
which serve individual Lots will then be assessed to respective Owners on the basis of usage determined
by sub-meters, or if sub-meters are not available, by such other reasonable method as determined by the
Board.
Section 5.6 Mailboxes. All Owners benefiting from the use of a particular group of
mailboxes shall share equally the cost of repair and/or maintenance of said mailboxes . Notwithstanding
the foregoing, any damage to the foregoing caused by an individual Owner other than from normal usage,
wear and tear, and life expectancy of materials shall be repaired or replaced at the sole cost of such
Owner.
ARTICLE 6. LIEN ENFORCEMENT
Section 6.1 Statutory Lien. The Association has a statutory lien on each Lot for any unpaid
assessment against the Lot from the time such assessment is due, pursuant to and on the terms set forth in
RCW 64.90.485. Proceedings to enforce the lien or collect the debt for any unpaid assessments will be
governed by RCW 64.90.485.
Section 6.2 Lien Priority. The Association’s lien has priority over all other liens and
encumbrances on a Lot except:
(a) Liens and encumbrances recorded before the recordation of this Declaration;
{04408737.DOC;3 } - 17 -
(b) Except as otherwise provided in this section, a security interest on the Lot recorded
before the date on which the unpaid assessment became due; and
(c) Liens for real estate taxes and other state or local governmental assessments or charges
against the Lot.
A lien under this section also has priority over the security interests described in (b) above to the
extent of an amount equal to the following:
(i) The Common Expense assessments, excluding any amounts for capital improvements,
based on the periodic budget adopted by the Association pursuant Article 3, above, along with any
specially allocated assessments that are properly assessable against the Lot under such periodic budget,
which would have become due in the absence of acceleration during the six (6) months immediately
preceding the institution of proceedings to foreclose either the Association's lien or a security interest
described in (b) above;
(ii) The Association's actual costs and reasonable attorneys' fees incurred in foreclosing its
lien but incurred after the giving of the notice described in (iii) below; provided, however, that the costs
and reasonable attorneys' fees that will have priority under this subsection (ii) shall not exceed two
thousand dollars ($2,000) or an amount equal to the amounts described in (i) above, whichever is less;
(iii) The amounts described in (ii) above shall be prior only to the security interest of the
holder of a security interest on the Lot recorded before the date on which the unpaid assessment became
due and only if the Association has given that holder not less than sixty (60) days' prior written notice that
the owner of the Lot is in default in payment of an assessment. Upon payment of the amounts described in
(i) of the preceding sentence by the holder of a security interest, the Association's lien described in this
section shall thereafter be fully subordinated to the lien of such holder's security interest in the Lot.
ARTICLE 7. USE COVENANTS, CONDITIONS AND RESTRICTIONS
Section 7.1 Authorized Uses. The Plat Community shall be used solely for residential
purposes and related facilities normally incidental to a residential community. After the Declarant Control
Period no Lot shall be further subdivided, except as permitted in this Declaration without prior approval
conferred by Association Action.
Section 7.2 Leasing Restrictions. No residence on any Lot may be leased or rented by any
party for a period of less than one (1) year, 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 terms
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 Lot Owner to lease his or her Lot or
residence.
Section 7.3 Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or
kept in the Plat Community except as specifically provided herein. Domesticated dogs, cats, or other
conventional household pets may be kept if they are not kept, bred, or maintained for any commercial
purposes, and all animals must be in compliance with applicable codes and regulations. “Other
conventional household pets” shall include only traditionally domesticated pets and s hall not include any
form of poultry (i.e., domestic fowl, including but not limited to chickens, turkeys, ducks, and geese) or
{04408737.DOC;3 } - 18 -
any exotic pets such as large or potentially dangerous reptiles, potentially harmful insects, bees, large
birds, wild animals, and animals not normally domesticated, all of which are strictly prohibited in the Plat
Community. No domestic pet may be kept if its presence or actions constitute a public or private
nuisance. Pets shall be registered, licensed, and inoculated from time to time as required by law. When
not confined to the Owner’s Unit, pets within the Plat Community shall be leashed and accompanied by a
person responsible for cleaning up any animal waste. No pets shall be tethered to any rope, cord, chain,
etc., while outdoors on a Lot within the Plat Community for longer than two hours at a time.
Section 7.4 Commercial Uses. No commercial enterprise, including itinerant vendors, shall
be permitted on any Lot; provided, however, that the Association may, by adopting rules and regulations,
permit specified home occupations to be conducted if allowed by law and if such occupation will not, in
the reasonable judgment of the Association, cause traffic congestion or other disruption of the Plat
Community; and provided further that no signs or advertising devices of any character shall be permitted.
Section 7.5 Vehicle Storage. No storage of goods, vehicles, boats, trailers, trucks, campers,
recreational vehicles or other equipment or device shall be permitted in open view from any Lot, except
this shall not exclude temporary (less than twenty-four (24) hours) parking of vehicles on the designated
driveway areas adjacent to garages on the Lots. Upon forty-eight (48) hours’ notice to the Lot Owner of
an improperly parked or stored vehicle, boat, or other equipment, the Association has authority to have
removed at the Lot Owner’s expense any such vehicle visible from the street that is parked on any Lot,
street or within a Common Element for more than twenty-four (24) hours.
Section 7.6 Garbage. All trash shall be placed in sanitary containers that are screened so as
not to be visible from adjoining Structures or streets or roadways. No Lot or any portion thereof shall be
used as a dumping ground for trash or rubbish of any kind. Yard rakings, dirt and debris resulting from
landscaping work or Construction shall not be dumped onto adjoining lots or streets or roadways.
Section 7.7 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 7.8 Signs. Except for entrance, street, directional, traffic control, and safety signs, no
promotional signs or advertising devices of any character shall be posted or displayed in the Plat
Community; provided, however, that one temporary real estate sign not exceeding six (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. In addition, nothing in this section shall be construed to prohibit the display of signs regarding
candidates for public or Association office, or ballot issues, on or within a Lot, so long as such signs are
no larger than four (4) square feet and in place no longer than sixty (60) days. Flags of the United States
or the State of Washington are not considered signs hereunder and are permitted, provided, however, that
the Association may place reasonable restrictions on the time, place and manner of display as permitted
by federal and state law.
Section 7.9 No Obstruction of Easements. No structure, planting, or other material shall be
placed or permitted to remain upon the Real Property 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 channels. No decorative planting, structure or fence may be maintained
within an easement area.
{04408737.DOC;3 } - 19 -
Section 7.10 Antennas and Clotheslines. No external clotheslines shall be permitted in the
Plat Community. Each Owner has a right to install an external antenna/satellite dish pursuant to 47 C.F.R.
§ 1.4000; provided, however, that no other antenna are allowed in the Plat Community and further
provided that the ACC approves the location of the allowed antenna.
Section 7.11 Lot Owners’ Maintenance Responsibilities. The maintenance, upkeep, and
repair of individual Lots and homes shall be the sole responsibility of the individual Lot Owners thereof,
and in no way shall it be the responsibility of the Association, its agents, officers or directors. Lot 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 Lot Owner shall be obligated to keep his or her Lot
and home in a clean, sightly and sanitary condition and maintain the landscaping on his or her Lot in a
healthy and attractive state and in a manner comparable to that on the other Lots in the Plat Community.
No storage of firewood shall be permitted in front yards. After thirty (30) days’ written notice to a Lot
Owner from the Association of such Owner’s failure to so maintain his or her home or Lot, and after
approval by a two-thirds (2/3) majority vote by the Board, 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 shall be a special assessment on
such Lot Owner and his or her Lot only.
Section 7.12 Weapons. No firearms of any kind or nature, including rifles, handguns, bows,
slingshots, BB guns, slings, traps, or any other like weapon, shall be used or discharged within the Plat
Community except by authorized governmental officials.
Section 7.13 Nuisances Prohibited. No noxious or offensive activity shall be conducted in
any portion of the Plat Community, nor shall anything be done or maintained therein in derogation or
violation of the laws of the State of Washington or any other applicable governmental entity. Nothing
shall be done or maintained on any portion of the Plat Community which may be or become an annoyance
or nuisance to the neighborhood or detract from the value of the Plat Community. The Association shall
determine by Association Action whether any given use of a Unit unreasonably interferes with the rights
of the other Lot Owners to the use and enjoyment of their respective Lots or of the Common Elements,
and such determination shall be final and conclusive.
Section 7.14 Preservation of Landscaping. No party subject to the terms of this Declaration
or his/her/their agents, employees or guests shall destroy or otherwise materially adversely impact
landscaping on Common Elements and/or dedicated Tracts, or as otherwise governed by applicable laws,
codes and regulations.
Section 7.15 Temporary Structures. No Structure or improvement of a temporary character,
including without limitation a trailer, tent, shack, garage, barn, or other outbuilding shall be installed,
placed or used on any Lot as a dwelling or residence, either temporarily or permanently.
Section 7.16 Window Coverings. Within ninety (90) days of occupancy of a residence on a
Lot, curtains, drapes, blinds or valances shall be installed on all bedroom, bathroom and closet windows
and all main windows in the great room that are visible from adjacent Lots. No newspapers, bed sheets or
other makeshift window coverings shall be visible from the exterior of the residence.
Section 7.17 Fences. All fences shall match the fences installed at the time the Real Property
was first developed by the Declarant, unless otherwise authorized by the Board. Any fences that are
{04408737.DOC;3 } - 20 -
stained must be stained to match the stain originally used on the fences within the Plat Community unless
otherwise approved by the ACC.
Section 7.18 Lot Size Restriction. No Lot or portion of a Lot shall be divided and sold or
resold or ownership changed or transferred, whereby the ownership of any portion of the Plat Community
shall be less than the area required for the use district in which located.
Section 7.19 Damage. Any damage to streets, Common Element Improvements, entry
structures, fences, landscaping, mailboxes, lights and lighting standards by Lot Owners, their children,
contractors, agents, visitors, friends, relatives or service personnel shall be repaired and restored to like new
condition by such Lot Owner within twelve (12) days from the occurrence of such damage. After thirty (30)
days’ written notice to a Lot Owner from the Association of such Owner’s failure to so repair, and after
approval by a two-thirds (2/3) majority vote by the Board, the Association shall have the right, through its
agents and employees, make such repairs on behalf of such Owner. The cost of such work shall be a
special assessment on such Owner and his or her Lot only.
ARTICLE 8. COMMON ELEMENTS
Section 8.1 Title to Common Elements. All Common Elements were dedicated in
accordance with the terms of the Map upon recording of the Map. Every Common Element shall be
subject to an easement of common use and enjoyment in favor of the Association and every Lot Owner,
their heirs, successors, and assigns, in accordance with the terms and conditions of the Governing
Documents and the Map.
Section 8.2 Maintenance of Common Elements. The Association shall maintain, repair,
replace, improve, and otherwise manage all of the Common Elements 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. The Association shall take any
action necessary or appropriate to the maintenance and upkeep of the Common Elements and
improvements thereon.
Section 8.3 Common Element Aesthetic Standards Committee. A Common Element
Aesthetic Standards Committee (“Common Element Committee”) consisting of at least three (3)
members, but in any event always an odd number of members, is hereby created with the rights and
powers set forth in this Declaration. The initial members of the Common Element Committee shall be
representatives appointed by Declarant. Common Element Committee members shall not be entitled to
compensation for their services hereunder,. Declarant shall have the right and power, as a Special
Declarant Right, at all times to appoint or renew the appointment of the members of the Common
Element Committee or to fill any vacancy until such time as Declarant no longer owns any Lots. After
Declarant no longer owns any Lots, the Board shall have the power to appoint and remove the members
of the Common Element Committee, or alternatively, the Board shall have the power to terminate the
Common Element Committee.
(a) Jurisdiction and Purpose. The Common Element Committee shall establish and
maintain the aesthetic standards for the Common Elements, provide for the maintenance, repairs,
replacements and improvements (including contracting with the Declarant or a third party for the same) of
the Common Elements and approve the budget for all maintenance, repairs, replacements and
improvements for all Common Elements (“Common Element Budget”). The Common Element
Committee’s powers, jurisdiction and purpose stated herein will be broadly construed. The Common
{04408737.DOC;3 } - 21 -
Element Committee assumes no liability and holds no authority to approve, permit or allow any
construction on behalf of the local governing authorities.
(b) Common Element Budget Process. As part of establishing its annual budget, the
Board shall deliver the Common Element Budget to the Common Element Committee for review and
approval. All proposed Common Element Budgets shall at a minimum provide funds for maintenance,
repair and replacement of the Common Elements consistent with the quality, nature , and location of the
Plat Community and in a manner that other communities similar in quality, nature, and location to the Plat
Community are maintained. Upon receipt from the Board, the Common Element Committee shall have
thirty (30) days to review and approve, or propose changes to, the proposed Common Element Budget. So
long as the members of the Common Element Committee are appointed by Declarant, the Board shall
adopt the Common Element Budget as approved or revised by the Common Element Committee;
provided, however, Declarant shall be responsible for paying any difference in costs between the Board’s
proposed Common Element Budget and the revised Common Element Budget prepared by the Common
Element Committee. Once the members of the Common Element Committee are appointed by the Board,
the Board shall have the option of either adopting the Common Element Committee’s proposed Common
Element Budget or rejecting any revisions; in either case, Declarant shall have no obligation for payment
of any portion of the Common Element Budget. Such review and approval process shall be repeated for
any changes to the Common Element Budget following the adoption of the annual budget pursuant to
Section 3.3. Nothing herein will diminish or waive any duty the Board would otherwise have to fund
common expenses from assessments under this Declaration or the Act.
Section 8.4 Monument and Landscaping Maintenance and Easements. The Association
shall be responsible for maintaining any monument signage in the Plat Community and shall be
responsible for maintaining any landscaping in Common Elements, including but not limited to planter
strips, in accordance with the terms of the Map and all applicable laws, codes and regulations.
ARTICLE 9. CERTAIN GRANTS, EASEMENTS, COVENANTS AND RESTRICTIONS
Section 9.1 Easements for Encroachments. There is hereby declared and granted to the
Owner of each Lot an easement over all adjoining Lots for the purpose of accommodating any
encroachment due to engineering errors, errors in original construction, settlement or shifting of any
building located on any Lot, or any other similar cause, and any encroachment due to building overhang
or projection. Without limitation, such easement shall be applicable to any fence installed by Declarant on
the Real Property. There shall be valid easements for the maintenance of said encroachment so long as
they exist, and the rights and obligations of the Owner shall not be altered in any way by said
encroachment, settling, or shifting; provided, however, that in no event shall an easement for
encroachment be created in favor of an Owner or Owners if said encroachment occurred due to willful act
of said Owner or Owners. If any Structure on a Lot is partially or totally destroyed, and then repaired or
rebuilt, the Owners agree that minor, unintentional encroachments over adjoining Lots shall be permitted,
and that there shall be valid easements for the maintenance of said encroachments so long as they shall
exist. The foregoing encroachments shall not be construed to be encumbrances affecting the marketability
of title to any Lot.
Section 9.2 Lot Line Easements. Each Lot and Tract is subject to an easement 2.5 feet in
width parallel with and abutting all interior Lot lines and Tract lines and five (5) feet in width parallel
with and abutting all front and rear Lot lines and Tract lines for the purpose installing and maintaining
walls, storm drains, and other private utilities. In the event a lot line adjustment is approved by the City of
Renton after the Map is recorded, the easement(s) shall move with the adjusted lot lines. Maintenance of
{04408737.DOC;3 } - 22 -
each easement area and the walls and utilities within shall be the responsibility of the Owners of the
Lot(s) and/or Tract(s) benefiting from said easement. Upon completion of any work within the easement
areas, those responsible for the work shall promptly and fully restore the easement areas to their original
or better condition. No structures other than fences, walls, yard drains, and utilities shall be constructed
within these easements. These easements were granted to Declarant, the Association, and their respective
assigns upon recording of the Map.
Section 9.3 Party Walls.
(a) General Rules. To the extent not inconsistent with the provisions of this section
and the Map, the general rules of law regarding party walls and liability for property damage due to
negligent or willful acts or omissions shall apply to the Party Walls. Nothing may be done that will lessen
or impair the structural support and integrity of the Party Walls. Each Owner of a Party Wall Adjoining
Lot shall have the right to joint use, with the Owner of the other Party Wall Adjoining Lot, of the Party
Wall. Except as otherwise expressly permitted in this Declaration, no windows, chimney flues, or other
openings may be made in a Party Wall, and no Owner may undertake or permit any act that impairs the
use of the Party Wall by the home on any other Party Wall Adjoining Lot. The Owner of each Party Wall
Adjoining Lot shall maintain the home on that Lot and take all other steps reasonably necessary to protect
the Party Wall from damage or deterioration from any cause, whether sudden or cumulative, including,
but not limited to, water or moisture intrusion, damage from weather conditions, dry rot and infestation by
vermin or insects.
(b) Work. The Owner of each Party Wall Adjoining Lot shall have the right to
expose and gain access to the interior of the Party Wall for the purpose of maintaining, repairing,
restoring, reconstructing, rebuilding and altering any component of that Party Wall (collectively
“Work”), subject to this Declaration and the following provisions, conditions and requirements:
(i) Except as otherwise established in this Declaration, all Work shall
comply with applicable law and be done at the sole expense and responsibility of that Owner;
(ii) No Work may in any way negatively affect the other Party Wall
Adjoining Lot or the home thereon by removing soundproofing or insulation, altering its utility service or
otherwise;
(iii) No Work may in any way impair the structural integrity or functioning of
the Party Wall; and
(iv) The Owner undertaking or causing to be undertaken the Work shall be
responsible for any damage in any way arising out of and/or related to the Work.
The Owner of a Party Wall Adjoining Lot (“Indemnifying Owner”) shall indemnify and hold harmless
the Owner of the other Party Wall Adjoining Lot from and against any and all liability, suits, costs and
expenses (including attorney’s fees) in any way arising out of any lien or claim of lien asserted and/or
filed related to any Work for which the Indemnifying Owner is responsible under this Declaration, or
otherwise.
(c) Cost of Repair. Except as otherwise provided in this Declaration, the Owners of
Party Wall Adjoining Lots shall equally share the expense of all reasonably necessary maintenance repair,
and reconstruction of the shared Party Wall. A Party Wall that is damaged or destroyed shall be repaired
{04408737.DOC;3 } - 23 -
or reconstructed to essentially its condition prior to such damage or destruction. Any Owner of a Party
Wall Adjoining Lot may restore the Party Wall without needing the approval of the other Party Wall
Adjoining Lot Owner. If the need for maintenance, repair, and/or reconstruction of a Party Wall results
from the intentional acts or negligence of an Owner or an occupant of that Owner’s Lot, or the licensee or
invitee of that Owner or occupant, then that Owner shall promptly maintain, repair, and/or reconstruct the
Party Wall and shall be solely responsible for all expenses and damages related to and/or arising out of
such intentional acts or negligence.
(d) Weatherproofing. Notwithstanding any other provisions of this Section, an
Owner who negligently or willfully causes the Party Wall to be exposed to the elements shall bear the
whole cost of furnishing the necessary protection against such elements.
(e) Right to Contribution Runs with Land. The right of any Owner to contribution
from any other Owner under this section shall be appurtenant to the land and shall pass to s uch Owner’s
successors in title.
Section 9.4 Tracts.
(a) Tracts A, D, F, G. Tracts A, D, F, and G are open space tracts to be preserved in
perpetuity and are for the benefit of all Lot Owners. Each ownership of a Lot shall include an equal and
undivided ownership in said Tracts. Each conveyance of a Lot must include a 1/45th interest in the Tracts.
The Association shall be responsible for maintaining, protecting, repairing, and replacing the Tracts and
any improvements contained therein, with the exception of those utilities owned and maintained by utility
providers.
(b) Tracts H. Tract H is a critical area tract to be preserved in perpetuity and is for
the benefit of all Lot Owners. Each ownership of a Lot shall include an equal and undivided ownership in
Tract H. Each conveyance of a Lot must include a 1/45th interest in the Tract. The Association shall be
responsible for maintaining, protecting, repairing, and replacing the Tract and any improvements
contained therein, with the exception of those utilities owned and maintained by utility providers. If the
Association fails to properly maintain Tract H, the Owners shall be responsible for the maintenance,
protection, repair, and replacement. Development, alteration, or disturbance within the Tract is prohibited
except for purposes of habitat enhancement as part of an enhancement project that has received prior
written approval from the City of Renton or for required maintenance of the utilities located within the
Tract that has received prior written approval from the City. Such activities must be conducted using best
available science. Maintenance includes ensuring that no alterations occur within the Tract and that all
vegetation remains undisturbed unless the express written authorization of the City has been received.
(c) Tract B. Tract B is a private alley tract for ingress, egress, and utilities for the
benefit of Lots 1 through 4 and shall be owned and maintained by the Owners of said Lots. The
Association shall manage maintenance of Tract B, provided that the Owners of Lots 1 through 4 shall
maintain all private utilities, including storm drainage facilities and alley paving within said Tract. Cedar
River Water and Sewer District shall maintain all public water and sanitary sewer facilities wi thin Tract
B.
(d) Tract C. Tract C is a private alley tract for ingress, egress, and utilities for the
benefit of Lots 5 through 13 and shall be owned and maintained by the Owners of said Lots. The
Association shall manage maintenance of Tract C, provided that the Owners of Lots 5 through 13 shall
maintain all private utilities, including storm drainage facilities and alley paving within said Tract. Cedar
{04408737.DOC;3 } - 24 -
River Water and Sewer District shall maintain all public water and sanitary sewer facilities within Tract
C.
(e) Tract E. Tract E is a private alley tract for ingress, egress, and utilities for the
benefit of Lots 24 through 27 and shall be owned and maintained by the Owners of said Lots. The
Association shall manage maintenance of Tract E, provided that the Owners of Lots 24 through 27 shall
maintain all private utilities, including storm drainage facilities and alley paving within said Tract. Cedar
River Water and Sewer District shall maintain all public water and sanitary sewer facilities within Tra ct
E.
Section 9.5 Public and Private Utility Easements. Upon recording of the Map, easements
were granted to the City of Renton, Puget Sound Energy, Inc., CenturyLink, Qwest, Comcast, and other
utility providers and their respective successors and assigns, under and upon the exterior ten (10) feet of
the Lots and Tracts, as depicted and labeled on the Map, lying parallel with and adjoining the street
frontages in which to install, lay, construct, operate, maintain, repair, replace, and enlarge underground
pipes, conduits, cables, and wires with all necessary or convenient underground or ground-mounted
appurtenances thereto, for the purposes of serving the Real Property and other properties, together with
the right to enter thereupon at all times for the purposes stated herein. These easements entered upon for
these purposes shall be restored as near as possible to their original condition by the utility provider. No
lines or wires for transmission of electric current, telephone use, cable television, or any other purpose
shall be placed or permitted to be placed within the easements unless the same shall be underground or in
conduit attached to a building.
Section 9.6 Public Storm Water Facility Easements. Upon recording of the Map,
easements were granted and conveyed to the City of Renton over, under, through, and across Tracts A and
D for the purpose of conveying, storing, managing, and facilitating storm and surface water per the
approved civil construction plans on file with the City. The City has the right to enter said storm drainage
easement for the purpose of inspecting, operating, maintaining, improving, and repairing the drainage
facilities therein.
Section 9.7 Public Sewer and Waterline Easements. Upon recording of the Map,
easements were granted to Cedar River Water and Sewer District over, under, and across areas depicted
on the Map for the purpose of maintaining the public sanitary sewer facilities and the public waterline
facilities.
Section 9.8 Public Easement Restrictions. Several restrictions and prohibitions apply to the
public easements noted on the Map, including restrictions on activities within the easement areas and
surrounding areas. Owners should consult the public easement restrictions on the Map prior to disturbing
the ground or making any improvements within a Lot.
Section 9.9 Private Drainage. Upon recording of the Map, private storm drainage easements
were granted to the Lot Owners. Said easements are described and depicted on the Map. Each Lot Owner
shall be responsible for maintaining the portion of the drainage facilities that said Owner benefits from
and shall share in the maintenance of the portions of the drainage facilities used in common with other
Owners. In addition, each Lot Owner shall be responsible for maintaining the storm water stub from the
point of use on the Owner’s Lot to the point of connection to the City’s storm mainline. Any portion of a
storm stub that jointly services more than one Lot shall be jointly maintained and repaired by the Lot
Owners sharing the stub.
{04408737.DOC;3 } - 25 -
Section 9.10 Private Waterline Easements. Upon recording of the Map, private waterline
easements were granted to certain Lot Owners. Said easements are described and depicted on the Map.
Each Lot Owner shall be responsible for maintaining the portion of the waterline facilities that said
Owner benefits from and shall share in the maintenance of the portions of the waterline facilities used in
common with other Owners.
Section 9.11 Emergency Access Easements. Upon recording of the Map, an easement was
granted to Renton Regional Fire Authority over and across Tracts B, C, and E for the purposes of
emergency access. An easement was also granted to the City of Renton over, under, and across Tract A
for the purposes of utility and emergency access.
Section 9.12 Sidewalk Maintenance. Each Lot Owner shall be responsible for keeping the
sidewalk abutting the Lot clean and litter free. The Lot Owner shall be responsible for maintaining
vegetation within the abutting landscape strip, excluding the street trees owned by the City of Renton. The
City shall not bear any maintenance responsibility for the landscape strips.
Section 9.13 Street Trees and Lights. The City of Renton owns and shall maintain the street
trees and streetlights.
Section 9.14 Access to Renton-Maple Valley Road (SR 169). Direct public access to
Renton-Maple Valley Road (State Route 169) shall be vacated when future access to a public road can be
achieved either through the Molasses Creek Condominium (parcel no. 556890-0000) road network or via
redevelopment of the Molasses Creek parcel.
ARTICLE 10. INSURANCE; CASUALTY LOSSES; CONDEMNATION
Section 10.1 Insurance Coverage. Commencing not later than the time of the first
conveyance of a Lot to a person other than the Declarant, the Association must maintain in its own name,
to the extent reasonably available and subject to reasonable deductibles:
(a) Property insurance on the Common Elements and on property that must become
Common Elements, insuring against risks of direct physical loss commonly insured against, as near as
practicable to the full insurable replacement value (without deduction for depreciation) of the Common
Elements, exclusive of land, excavations, foundations, and other items normally excluded from property
policies;
(b) Commercial general liability insurance, including medical payments insurance, in
an amount not less than One Million Dollars ($1,000,000.00) covering all occurrences commonly insured
against for bodily injury and property damage arising out of or in connection with the use, ownership, or
maintenance of the Common Elements and, in cooperatives, of all Lots;
(c) Fidelity insurance; and
(d) Such other insurance as the Association deems advisable; provided, that
notwithstanding any other provisions herein, the Association shall continuously maintain in effect
casualty, flood, and liability insurance and a fidelity bond meeting the insurance and fidelity bond
requirements for similar projects established by Federal National Mortgage Association, Governmental
National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Authority,
and Veterans Administration, so long as any of them is a Mortgagee or Lot Owner, except to the extent
{04408737.DOC;3 } - 26 -
such coverage is not available or has been waived in writing by such agencies.
Section 10.2 Casualty Losses. In the event of substantial damage to or destruction of any of
the Common Elements, the Association shall give prompt written notice of such damage or destruction to
the Lot Owners and to all Mortgagees who have requested notice of such damage or destruction from the
Association. Insurance proceeds for damage or destruction to any part of the Common Elements shall be
paid to the Association as a trustee for the Lot Owners, or its authorized representative, including an
insurance trustee, which shall segregate such proceeds from other funds of the Association.
Section 10.3 Condemnation. In the event any part of the Common Elements is made the
subject matter of any condemnation or eminent domain proceeding, or is otherwise sought to be acquired
by any condemning authority, the Association shall give prompt notice of any such proceeding or
proposed acquisition to the Lot Owners and to all Mortgagees who have requested notice of any such
proceeding or proposed acquisition from the Association. All compensation, damages, or other proceeds
therefrom, shall be payable to the Association.
ARTICLE 11. ENFORCEMENT
Section 11.1 Right to Enforce. The Association, Declarant, or any Lot 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.
Section 11.2 Remedies Cumulative. Remedies provided by this Declaration are in addition
to, cumulative with, and are 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 11.3 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 the Real Property, their heirs, executors, administrators, successors, grantees,
and assigns. All instruments granting or conveying any interest in any Lot shall be subject to this
Declaration.
Section 11.4 Right to Assess Penalty on Lot for Violations of Declaration. The Board, by
simple majority vote, shall determine whether a Lot Owner has breached, or a Lot is in breach, of any of
the covenants, conditions, and restrictions provided herein. After thirty (30) days’ written notice to such
Lot Owner, the Lot Owner shall have an opportunity to be heard by the Board regarding the v iolation.
After such hearing, the Association by a two-thirds (2/3) majority vote of the Board, is empowered to
assess a penalty in accordance with an established schedule of fines adopted by the Board and furnished
to the Lot Owners. Such penalty shall be a levied special assessment and constitute a lien against the Lot,
enforceable as provided herein.
ARTICLE 12. AMENDMENT
Section 12.1 Amendment by Declarant or Association. Upon thirty (30) days’ advance
notice to Lot owners, Declarant may, without a vote of the Lot Owners or approval by the Board,
unilaterally adopt, execute, and record a corrective amendment or supplement to the Governing
{04408737.DOC;3 } - 27 -
Documents to correct a mathematical mistake, an inconsistency, or a scrivener’s error, or clarify an
ambiguity in the Governing Documents with respect to an objectively verifiable fact including, without
limitation, recalculating the liability for Common Expenses or the number of votes in the Association
appertaining to a Lot, within five (5) years after the recordation or adoption of the Governing Document
containing or creating the mistake, inconsistency, error, or ambiguity . Any such amendment or
supplement may not materially reduce what the obligations of the Declarant would have been if the
mistake, inconsistency, error, or ambiguity had not occurred. Upon thirty (30) days’ advance notice to Lot
Owners, the Association may, upon a vote of two-thirds (2/3) of the members of the Board, without a vote
of the Lot Owners, adopt, execute, and record an amendment to the declaration for the following
purposes: (a) to correct or supplement the Governing Documents as provided above; or (b) to remove any
language and otherwise amend as necessary to effect the removal of language in direct conflict with the
Act.
Section 12.2 Amendments by Lot Owners. Except in cases of amendments that may be
executed by the Declarant or the Association pursuant to Section 12.1 or as expressly permitted in
accordance with the Act, this Declaration may be amended only by vote or agreement of Lot Owners of
Lots to which at least sixty-seven percent (67%) of the votes in the Association are allocated.
Section 12.3 Effective Date & Cross-References. Amendments shall take effect only upon
recording in the official real property records of King County, Washington. All amendments must contain
a cross-reference by recording number to the Declaration and to any prior amendments to the Declaration .
All amendments to the Declaration adding Lots must contain a cross-reference by recording number to
the Map relating to the added Lots and set forth all information required under RCW 64.90.225(1) with
respect to added Lots.
ARTICLE 13. GENERAL PROVISIONS
Section 13.1 Taxes. Each Lot 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 or her Lot, or personal property
located on or in the Lot. The Association shall likewise pay without abatement, deduction, or offset, all of
the foregoing taxes, assessments, and charges levied or assessed against the Common Elements.
Section 13.2 Non-Waiver. No waiver of any breach of this Declaration or failure to enforce
any covenant of this Declaration shall constitute a waiver of any other breach, whether of the same or any
other covenant, condition, or restriction.
Section 13.3 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.
Section 13.4 No Abandonment of Obligation. No Lot Owner, through his or her non-use of
any Common Element, or by abandonment of his or her Lot, may avoid or diminish the burdens or
obligations imposed by this Declaration.
{04408737.DOC;3 } - 28 -
Section 13.5 Captions. The captions of the various articles, 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 13.6 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 13.7 Notices. All notices, demands, or other communications (“Notices”) permitted or
required to be given by this Declaration shall be in the form of a record, in a tangible medium, or in an
electronic transmission in accordance with RCW 64.90.515. If mailed, the Notice shall be by certified or
registered mail, return receipt requested, with postage prepaid and shall be deemed given three (3) days
after the date of mailing thereof, or on the date of actual receipt, if sooner. Notices provided by electr onic
transmission shall be deemed effective according to the requirements of RCW 64.90.515. All other
Notices shall be deemed given on the date of actual receipt. Notice in a tangible medium to a Lot Owner
must be addressed to the Lot address unless the Lot Owner has requested, in a record delivered to the
Association, that Notices be sent to an alternate address or by other method allowed by this Declaration .
If there is more than one Owner of a Lot, Notice to any one such Owner shall be sufficient. The address
of Declarant and of the Association shall be given to each Lot Owner at or before the time he or she
becomes a Lot Owner. If the address of Declarant or the Association shall be changed, Notice shall be
given to all Lot Owners.
Section 13.8 Indemnification. The Association shall indemnify every officer and director
authorized to act on behalf of the Association by the Board or by this Declaration against any and all
expenses, including counsel fees, reasonably incurred by, or imposed upon, any officer and director in
connection with any action, suit or proceeding if approved by the then Board to which he or she may be a
party by reason of being or having been an officer and director. The officers and directors shall not be
liable for any mistakes of judgment, negligent or otherwise, except for their own individual willful
misfeasance, malfeasance, misconduct, or bad faith. The officers and directors shall have no personal
liability with respect to any contract or other commitment made by them, in good faith, on behalf of the
Association (except to the extent that such officers and directors may also be members of the
Association), and the Association shall indemnify and forever hold each officer and director free and
harmless against any and all liability to others on account of any such contract or commitment. The
Association shall, as a Common Expense, maintain adequate general liability and officers’ and directors’
liability insurance to fund this obligation.
Section 13.9 Applicable Law. This Declaration shall be construed in all respects under the
laws of the State of Washington.
[Remainder of page left blank; signature on next page.]
{04408737.DOC;3 } - 29 -
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration the day and
year first above written.
DECLARANT:
Tri Point Homes Washington, Inc.,
a Washington corporation
By:
Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day personally appeared before me ___________________, to me known to be
______________of Tri Point Homes Washington, Inc., a Washington corporation, the corporation that
executed the within and foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein menti oned, and on oath
stated that said person is authorized to execute said instrument and that the seal affixed, if any, is the
corporate seal of said corporation.
GIVEN under my hand and official seal this _____ day of ___________________, 20___.
NOTARY PUBLIC in and for the
State of Washington, residing
at .
My commission expires .
{04408737.DOC;3 } - 30 -
Exhibit A