HomeMy WebLinkAboutCCR_DraftDRAFT
DECLARATION
OF
COVENANTS, CONDITIONS AND RESTRICTIONS
FOR
THE WOODS AT HIGHLANDS PARK
THIS DECLARATION AND COVENANTS, CONDITIONS AND RESTRICTIONS FOR
THE WOODS AT HIGHLANDS PARK (“Declaration”) is made on the date hereinafter set forth
by Burnstead Construction LLC, ("Declarant"), who is the owner of certain land situated in the
State of Washington, County of King, known as The Woods at Highlands Park (hereinafter
referred to as “The Woods at Highlands Park”), which is more particularly described in Exhibit
"A" and shown on Exhibit “B” attached hereto and incorporated herein by this reference. In
order to ensure preservation of the residential environment at The Woods at Highlands Park,
Declarant agrees and covenants that all land and improvements now existing or hereafter
constructed thereon shall be held, sold, conveyed subject to, and burdened by the following
covenants, conditions, restrictions, reservations, limitations, liens and easements, all of which
are for the purpose of enhancing and protecting the value, desirability and attractiveness of
such lands for the benefit of all of such lands and the owners thereof and their heirs,
successors, grantees and assigns. All provisions of this Declaration shall be binding upon all
parties thereof and shall inure to the benefit of each owner thereof and to the benefit of the The
Woods at Highlands Park Homeowners' Association and shall otherwise in all respects be
regarded as covenants running with the land.
ARTICLE I
DEFINITIONS
For the purposes of the Declaration and the Articles of Incorporation and the Bylaws of The
Woods at Highlands Park Homeowners' Association, certain words and phrases shall have
particular meanings as follows:
Section 1. "Association" shall mean and refer to THE WOODS AT HIGHLANDS
PARK HOMEOWNERS' ASSOCIATION, its successors and assigns.
Section 2. "Board" shall mean and refer to the Board of Directors of the Association,
as provided for in Article X. For purposes of exercising the powers and duties assigned in this
Declaration to the Board, this term shall also mean the Initial Board of Declarant, as provided in
Article II, unless the language or context clearly indicates otherwise.
Section 3. "Properties" subject to this Declaration shall mean and refer to the real
property described with particularity in Exhibit “A” and shown on Exhibit “B”, and such Other
Parcels which may hereafter be brought within the jurisdiction of the Association.
DRAFT
Section 4. "Owner" or “Lot Owner” shall mean and refer to record owner (whether
one or more persons or entities) of a fee interest in any Lot, including the Declarant and
participating Builders, but excluding Mortgagees or other persons or entities having such
interest merely as security for the performance of any obligation. Purchasers or assignees
under recorded real estate contracts shall be deemed Owners as against their respective sellers
or assignors.
Section 5. “Common Areas” and "Common Maintenance Areas". Common Areas
shall mean and refer to any of the real property (including the improvements thereon) owned by
the Association for the common use and enjoyment of the members of the Association.
Common Maintenance Areas shall mean those portions of all real property (including the
improvements thereon) maintained by the Association for the benefit of the members of the
Association.
Section 6. "Lot" shall mean and refer to any plot of land, excluding tracts, as shown
upon any recorded subdivision map of the Properties. Lot shall include the Residence located
thereon.
Section 7. "Declarant" shall mean BURNSTEAD CONSTRUCTION LLC, a
Washington Limited Liability Company, and any of its successors and assigns who identifies
itself as a successor declarant in a recorded instrument and who assumes all the obligations of
THE WOODS AT HIGHLANDS PARK as declarant under the agreement.
Section 8. "Architectural Control Committee" shall refer to the duly appointed or
elected committee of the Board of Directors as outlined in Article XI of this Declaration,
hereinafter referred to as the "Committee".
Section 9. "Development Period" shall mean and refer to that period of time defined
in Article II of this Declaration.
Section 10. "Plat" shall mean and refer to the Plat of The Woods at Highlands Park as
recorded on ___________, 2016 in the records of King County, State of Washington, under
Recording.
______________
Section 11. "Residence" shall mean and be limited to single family residences only
occupying any Lot.
Section 12. “Other Parcels” shall mean those parcels of land which may be added to
the Properties.
ARTICLE II
DEVELOPMENT PERIOD; MANAGEMENT RIGHTS OF
DECLARANT DURING DEVELOPMENT
Section 1. Management by Declarant. "Development Period" shall mean that
period of time from the date of recording the Declaration until (1) a date twenty (20) years from
the date of recording this Declaration or (2) the thirtieth (30th) day after Declarant has
transferred title to the purchasers of Lots representing 99 percent of the total voting power of all
Owners as then constituted or (3) the date on which Declarant elects to permanently relinquish
all of Declarant's authority under this Article II by written notice to all Owners, whichever date
DRAFT
first occurs. Until termination of the Development Period, the Property shall be managed and
the Association organized at the sole discretion of the Declarant.
Section 2. Initial Board. Declarant may, in its sole discretion, and at such times as
the Declarant deems appropriate, appoint three persons who may be Owners, or are
representatives of corporate entities or other entities which are Owners, as an Initial Board.
This Initial Board shall have full authority and all rights, responsibilities, privileges and duties to
manage the Properties under this Declaration and shall be subject to all provisions of this
Declaration, the Articles and the Bylaws, provided that after selecting the Initial Board, the
Declarant, in the exercise of its sole discretion, may at any time terminate the Initial Board and
reassume its management authority under Article II or select a new Board under this section of
Article II.
Section 3. Notice to Owners. Not less than fourteen (14) nor more than sixty (60)
days prior to the termination of the Development Period, the Declarant shall send written notice
of the termination of the Development Period to the Owner of each Lot. Said notice shall
specify the date when the Development Period will terminate and shall further notify the Owners
of the date, place and time when a meeting of the Association will be held. The notice shall
specify that the purpose of the Association meeting is to elect new Officers and Directors of the
Association. Notwithstanding any provision of the Articles or Bylaws of the Association to the
contrary, for the purpose of this meeting, the presence, either in person or by proxy, of the
Owners of eight (8) Lots shall constitute a quorum. The term “proxy” is defined as “the authority
or power to act for another, in person, or by document giving such authority”. In other words, an
Owner may designate another individual to act on their behalf. The Board of Directors and
Officers of the Association may be elected by a majority vote of said quorum. If a quorum shall
not be present, the Development Period shall nevertheless terminate on that date specified in
said notice and it shall thereafter be the responsibility of the Owners to provide for the operation
of the Association.
Section 4. Management of Properties During Development Period. Declarant, or
a managing agent selected by the Declarant, and/or the Initial Board, shall have the power and
authority to exercise all the rights, duties and functions of the Board of Directors and generally
exercise all powers necessary to carry out the provisions of this Declaration.
Section 5. Purpose of Development Period. These requirements and covenants
are made to ensure that the Properties shall be adequately administered in the initial stages of
development and to ensure an orderly transition to Association operations. Each Owner
accepts this management authority in Declarant.
Section 6. Expenditures During Development Period. During the Development
Period, Declarant, or any agent of Declarant, shall have the sole discretion to use and consume
all or so much of the dues paid in as in Declarant's judgment is necessary or expedient in
maintaining the Common Maintenance Areas and carrying out the other functions of the
Association. This includes, but is not limited to, any legal fees associated with Declarant, or any
agent of Declarant carrying out any duties during the Development Period, including all costs
associated with turning over the Association after the expiration of said Development Period.
Upon termination of the Development Period, Declarant shall deliver any funds remaining to the
Association.
DRAFT
ARTICLE III
EASEMENTS
Section 1. Easements for Utilities. An easement is hereby reserved for and
granted to Verizon, Comcast, Puget Sound Energy, and their respective successors and
assigns, over, under, across and upon the exterior 9 (9) feet parallel with and adjoining the
street frontage of all lots, tracts and common areas in which to install, lay, construct, renew,
operate and maintain underground conduits, cables, pipe and wires with necessary facilities and
other equipment for the purpose of serving this subdivision and other property with electric,
telephone, gas television cable and other utility services together with the right to enter upon
the lots, tracts and common areas at times for the purposes herein stated.
Section 2 Sanitary Sewer Easement. The public Sanitary Sewer easements
designated on the plat are hereby reserved for and granted to City of Renton Utility District for
the purpose of constructing, reconstruction, operating and maintaining the sanitary sewer
system, together with the right of ingress and egress for such purposes. The easements shall
be free from all structures, i.e. covered parking, deck overhangs, shed, etc.
Section 3. Water Main Easement. Public water easements designated on the plat
are hereby reserved for and granted to Water District 90 Utility District, together with the right of
ingress and egress and the right to excavate, construct, operate, maintain, repair and/or rebuild
the water system. The easement shall be free from all structures, i.e. covered parking, decks,
overhangs, sheds, etc. No fence or obstruction shall be constructed from the edge of the water
meters, fire hydrants and blow-off assemblies which restricts access by the water district.
Section 4. Storm Drainage Easements. All drainage easements within this plat,
not shown as "private" are hereby granted and conveyed to the City of Renton. A municipal
corporation, for the purposes of conveying, storing, managing, and facilitating storm and surface
water per the engineering plans approved for this plat by the City of Renton together with the
right of reasonable access (ingress and egress) to enter said drainage easement for the
purposes of inspecting, operating, maintaining, repairing and improving the drainage facilities
contained therein.
Note: except for those facilities which have been formally accepted for maintenance by the City
of Renton, maintenance of drainage facilities on private property is the responsibility of the
property owners(s).
1 the private drainage easement shown on lot 1 is for the benefit of lot 2.
2 the private drainage easement shown on lot 3 is for the benefit of lot 4.
3 the private drainage easement shown on lot 6 is for the benefit of lot 5.
4 the private drainage easement shown on lots 8 and 9 is for the benefit of lots 7 and 8.
5 the private drainage easement shown on lot 11 is for the benefit of lot 10.
6 the private drainage easement shown on tract b is for the benefit of lots 12, 13 and 14.
* private drainage easement: the owner(s) of private property within this plat encumbered with
drainage easements shown as "private" hereby grant and convey to the City of Renton, a
municipal corporation, the right but not the obligation to convey or store storm and surface water
per engineering plans approved for the plat by the City of Renton, together with the right of
reasonable access (ingress and egress) to enter said drainage easement for the purpose of
observing that the owner(s) are properly operating and maintaining the drainage facilities
contained within said drainage easement and are hereby required to obtain any required
permits from the City of Renton or its successors agency, prior to filling, piping, cutting or
DRAFT
removing vegetation (except for routine landscape maintenance such as lawn mowing) in open
vegetated drainage facilities (such as swales, channels, ditches ponds, etc.) Or performing any
alterations or modifications to the drainage facilities contained within said drainage easement.
Covenant shall run with the land and is binding upon the owner(s) of said private property, their
heirs, successors and assigns.
* the City of Renton shall have the right to enter the private drainage easements shown hereon
to repair any deficiencies of the drainage facility in the event the owner(s) is/are negligent in the
maintenance of the drainage facilities. These repairs shall be at the owner(s) cost.
Section 5. Miscellaneous Easements and Restrictions.
(i) No further subdivision of any Lot shall be allowed without resubmittal for formal
plat procedure.;
(ii) No Lot or portion of a Lot in the Plat shall be divided and sold or resold or
ownership changed or transferred whereby the ownership of any portion of the
Lot shall be less than the area required for the use district in which located.;
(iii) Street trees have been planted by the Declarant. All street trees shall be owned
and maintained by the abutting lot owner unless and until City of Renton or its
successor agency has adopted a maintenance program.
(iv) City of Renton shall be responsible for maintaining all rights-of-way within the
Plat;
(v) The Association shall establish and periodically update “Rules and Regulations”
which shall apply to all Lot Owners within The Woods at Highlands Park.
Section 6. Access Easements. The Association and its agents shall have an
easement for access to each Lot and to the exterior of any building located thereon during
reasonable hours as may be necessary for the purposes stated below. Owners hereby grant to
the Association, the Board, and the Declarant, and their individual agents, an express access
easement for purposes of going upon the Lots of Owners for the following purposes:
(i) The maintenance, repair, replacement, or improvement of any Common
Maintenance Areas accessible from that Lot;
(ii) Emergency repairs necessary to prevent damage to the Common Maintenance
Areas or to another Lot or the improvements thereon;
(iii) Cleaning, maintenance, repair, or restoration work which the Owner is required to
do but has failed or refused to do; and
(iv) The removal of Vehicles, goods, equipment, devices or other objects which are
parked or stored in violation of the terms of this Declaration.
Except in an emergency where advanced notice is not possible, these easements shall be
exercised only after reasonable notice to the Owner.
DRAFT
ARTICLE IV
COMMON AREAS AND COMMON MAINTENANCE AREAS
Section 1. Common Maintenance Areas. Common Maintenance Areas shall
include those portions of all real property (including improvements thereon) maintained by the
Association for the benefits of the members of the Association. The areas to be maintained by
the Association include park, entry signage and landscaping including water and electric; street
trees and mailbox stands. The Association shall have the right and the obligation to maintain
the Common Maintenance Areas and shall pay the actual cost of the same from annual or
special assessments as appropriate.
Section 2. Alteration of the Common Areas and Common Maintenance Areas.
Nothing shall be altered, or constructed in, or removed from the Common Areas or Common
Maintenance Areas except upon prior written consent of the Association.
Section 3. Dumping in Common Maintenance Areas. No trash, plant or grass
clippings or other debris of any kind shall be dumped, deposited or placed on or within the
Common Areas or Common Maintenance Areas.
Section 5. Other Maintenance Costs for Association. In addition to maintaining
the Common Maintenance Areas, the Association shall also be responsible for the payment of
the electric bills incurred in connection with the operation of the streetlights within the Properties
until the utility provider for the streetlights directly bills the individual Lot Owners.
ARTICLE V
TRACTS
Section 1. Tract A: is a public storm drainage tract and hereby conveyed to The
Woods at Highlands Park Homeowner's Association. The Woods at Highlands Park
Homeowners Association will maintain all landscaping and amenities within the proposed Tract
"A" from and including the fence outwards and the City of Renton will maintain the storm pond
from the fence inward. A drainage easement over Tract "A" is hereby granted and conveyed to
the City of Renton, a municipal corporation, for the purpose of conveying, storing, managing and
facilitating storm and surface water approved by this plat and the City of Renton, together with
the right for the City of Renton, its successors or assigns to enter said drainage easement and
covenant for the purpose of inspecting, operating, maintaining, repairing and improving the
drainage facilities contained herein. In the event the HOA should be dissolved, then each lot
shall have an equal and undivided ownership interest in Tract "A" as well as responsibility for
the maintenance obligations of the HOA with respect to Tract "A" as set forth herein.
Membership in the HOA and payment of dues or other assessments shall remain an
appurtenance to and inseparable from each lot.
Section 2. Tract B: is for recreation purposes only for the benefit of all the lot owners in this
plat. Each lot owner in this plat (1 through 14 inclusive) shall have an equal and undivided
ownership interest in Tract "B". The Woods at Highlands Park Homeowner's Association shall
be responsible for the maintenance of said Tract "B". However, should the homeowners
association fail to properly maintain Tract "B" then lot owners of all the lots 1 through 14 shall be
equally responsible for the maintenance of said Tract "B".
DRAFT
ARTICLE VI
MAINTENANCE OF THE COMMON MAINTENANCE AREAS AND SITES;
DELEGATION OF MANAGEMENT
Section 1. Responsibility for Maintaining Common Maintenance Areas. The
Association is responsible for maintaining and preserving the character and function of areas
designated on the face of the Plat and these covenants as Common Maintenance Areas.
Common Maintenance Areas have been set aside for landscaping and community identification
purposes and those areas are referred to in Article IV, Section 1 above.
Section 2. Repair of Common Maintenance Areas. Any damage to Common
Maintenance Areas or improvements thereon, including landscape plantings, sprinkler systems,
fences, berms, etc., by the Owners or their children or guests shall be repaired by the
Association and the Owner who caused the area to be damaged shall be responsible for
reimbursing the Association all costs incurred by the Association for the repairs. The Owner
shall be obliged to immediately remit funds for the repair to the Association. If the Owner fails to
promptly make payment for such repairs, the Owner shall be charged interest at the rate of
twelve (12%) percent per annum.
Section 3. Management. Each Owner expressly covenants that the Board and the
Declarant, during the Development Period, may delegate all or any portion of their management
authority to a managing agent, manager or officer of the Association and may enter into such
management contracts or other service contracts to provide for maintenance and the operation
of Common Maintenance Areas and any portion thereof. Any management agreement or
employment agreement for the maintenance or management of the Common Maintenance
Areas or any portion thereof shall be terminable by the Association without cause upon 90 days'
written notice thereof; the term of any such agreement shall not exceed three (3) years,
renewable by agreement of the parties for successive three (3) year periods. Each Owner is
bound to observe the terms and conditions of any such management agreement or employment
contract, all of which shall be made available for inspection by any Owner on request. Fees
applicable to any such management, employment or service agreement shall be assessed to
the Association or Owners.
ARTICLE VII
ASSESSMENTS
Section 1. Creation of Lien and Personal Obligation. Each Owner of any Lot, by
acceptance of a deed therefore, whether it shall be so expressed in each deed, is deemed to
covenant and agree to pay to the Association (1) annual assessments or charges; (2) special
assessments for capital improvements; and (3) special assessments for legal fees and
damages. If the Owner fails to timely pay assessments within thirty (30) days of the date
specified by the Association, the annual and special assessments, together with any interest,
costs and any reasonable attorneys' fees incurred to collect such assessments, shall be a lien
on the land and shall be a continuing lien upon the property against which such assessment is
made. Each such assessment, together with any interest, costs and reasonable attorneys' fees
incurred in attempting to collect the assessment, shall also be the personal obligation of the
person who is the Owner of such property at the time when the assessment fell due. The
personal obligation for delinquent assessments shall not pass to successors in title unless
DRAFT
expressly assumed by them. The Association shall record such liens in the Office of the King
County Auditor.
Section 2. Purpose of Assessments. The assessments levied by the Association
shall be used exclusively to promote the recreation, health, safety and welfare of the residents
of the Properties and for the improvement and maintenance of the Common Maintenance Areas
as provided in Article IV.
Section 3. Annual Assessment. Annual assessments shall be levied equally on all
Lots. The initial annual fee will be $______ per lot.
Section 4. Computation. It shall be the duty of the Board to prepare a budget
covering the estimated costs of operating the Association during the coming year, which shall
include a capital reserve. Within thirty (30) days after adoption by the Board of Directors of the
budget, the Board shall set a date for a meeting of the members to consider ratification of the
budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at
that meeting, seventy-five percent (75%) or more of the Owners reject the budget, in person or
by proxy, the budget shall be 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 owners shall be continued until such time as the Owners ratify a subsequent budget
proposed by the Board.
Section 5. Revised Budget. If the financial circumstances of the Association
materially change during any year, the Board may prepare a revised budget for the balance of
the year. Within thirty (30) days after adoption by the Board of Directors of the revised budget,
the Board shall set a date for a meeting of the members to consider ratification of the revised
budget, not less than fourteen nor more than sixty days after mailing of the summary. Unless at
that meeting, seventy-five percent (75%) or more of the Owners reject the revised budget, in
person or by proxy, the revised budget shall be ratified, whether or not a quorum is present. In
the event the revised budget is rejected or the required notice is not given, the periodic budget
last ratified by the owners shall be continued until such time as the Owners ratify a subsequent
budget proposed by the Board.
Section 6. Special Assessments for Capital Improvements. In addition to the
annual assessments authorized above, the Association may levy, in any assessment year, a
common assessment, applicable to that year only, for the purpose of defraying, in whole or in
part, the cost of any construction, reconstruction, repair or replacement of a capital improvement
upon the Common Maintenance Areas not provided by this Declaration, including fixtures and
personal property related thereto. Within thirty (30) days after adoption by the Board of
Directors of the special assessments for capital improvements, the Board shall set a date for a
meeting of the members to consider ratification of the special assessment, not less than
fourteen nor more than sixty days after mailing of the summary. Unless at that meeting,
seventy-five percent (75%) or more of the Owners reject the special assessment, in person or
by proxy, the special assessment shall be ratified, whether or not a quorum is present.
Section 7. Special Assessments for Legal Fees and Damages. In addition to the
annual and special assessments authorized above, the Declarant, during the Development
Period, or the Association may levy in any assessment year a special assessment for the
purpose of defraying, in whole or in part, (1) the cost of legal fees and costs incurred in legal
actions in which the Association is a party, (2) the cost of legal fees and costs incurred in any
action in which a member of either the Board or Committee is named as a party as a result of a
DRAFT
decision made or action performed while acting in behalf of the Association, or (3) any other
reasonable expenses incurred by the Association. Within thirty (30) days after adoption by the
Board of Directors of the special assessment for legal fees and damages, the Board shall set a
date for a meeting of the members to consider ratification of the special assessment, not less
than fourteen nor more than sixty days after mailing of the summary. Unless at that meeting,
seventy-five percent (75%) or more of the Owners reject the special assessment, in person or
by proxy, the special assessment shall be ratified, whether or not a quorum is present.
Section 8. Uniform Rate of Assessment. Both annual and special assessments
must be fixed at a uniform rate for all Lots and must be collected on an annual basis.
Section 9. Date of Commencement of Annual Assessment; Due Dates. The
annual assessments described in this Article shall commence on January 1, 2011. The first
annual assessment shall be adjusted according to the number of months remaining in the
calendar year. After the Development Period expires, the Board of Directors shall fix the annual
assessment. Written notice of the annual assessment shall be sent to every Owner subject to
such assessments. The due date shall be established by the Board of Directors. The
Association shall, upon demand and for a reasonable charge, furnish a certificate signed by an
officer or the administrator of the Association setting forth whether the Assessment on a
specified Lot has been paid.
Section 10. Effect of Non-Payment of Assessments; Remedies of the
Association. Any assessment not paid within thirty (30) days after the due date shall bear
interest at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in
the Association or its agents the right and power to bring all actions against such Owner
personally for the collection of such assessments as debts and to enforce lien rights of the
Association by all methods available for the enforcement of such liens, including foreclosure by
an action brought in the name of the Association in like manner as a mortgage of real property.
Such Owner hereby expressly grants to the Association the power of sale in connection with
such liens. The liens provided for in this section shall be in favor of the Association and shall be
for the benefit of the Association. The Association shall have the power to bid in an interest at
foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is
responsible for payment of all attorneys' fees incurred in collecting past due assessments or
enforcing the terms of assessment liens (see Article XV, Section 4). No Owner may waive or
otherwise escape liability for the assessments provided herein by non-use of the Common
Maintenance Areas or abandonment of his Lot.
The Association shall have the right to suspend use of the neighborhood park and suspend the
voting rights of an Owner for any period during which any assessment against the Lot remains
unpaid for a period not to exceed sixty (60) days for any infraction of the terms of either this
Declaration, the Articles or the Bylaws of the Association.
Section 11. Subordination of the Lien to Mortgage. The lien for assessment
provided for in this Article shall be subordinate to the lien of any first mortgage. Sale or transfer
of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot
pursuant to a mortgage foreclosure, or any proceeding in lieu thereof, shall extinguish the lien
created pursuant to this Article as to payments which become due prior to such sale or transfer.
No sale or transfer, however, shall relieve such Lot from liability for any assessments which
thereafter become due or from the lien thereof.
DRAFT
Section 12. Exempt Property. All property dedicated to and accepted by City of
Renton shall be exempt from the assessments provided for in this Article.
Section 13. Budget Deficits During Declarant Control. In the event there is a
deficit between the actual operating expenses of the Association (but specifically not including
an allocation for capital reserves), and the sum of the annual, special and specific assessments
collected by the Association in any fiscal year, Declarant, or its members individually, may, in
their sole discretion, contribute funds to the Association in order to satisfy the shortfall, or any
portion thereof.
ARTICLE VIII
MAINTENANCE OF LOTS
Section 1. Exterior Maintenance by Owner. Each Lot and Residence shall be
maintained by the Owner in a neat, clean and sightly condition at all times and shall be kept free
of accumulations of litter, junk, containers, equipment, building materials and other debris. All
refuse shall be kept in sanitary containers sealed from the outlook of any Lot. The containers
shall be emptied regularly and their contents disposed of off the Lot. No grass cuttings, leaves,
limbs, branches, and other debris from vegetation shall be dumped or allowed to accumulate on
any part of the Properties, except that a regularly tended compost device (approved by the
Committee) shall be permitted. The Owners of each Lot shall maintain the lawn and
landscaping on the Lot in a condition consistent with the maintenance standards of the plat.
This includes, but is not limited to, adequate watering, removing weeds, mowing, edging and
fertilizing. This obligation to maintain landscaping extends into the public right-of-way along the
front of the Lot. Lot Owners shall maintain any lawn and or plantings in the median strip
between the sidewalk and edge of curb.
Section 2. Parking of Vehicles; Storage of Goods, Equipment or Devices. There
shall be no permanent and/or temporary storage of goods, Vehicles, as defined below,
equipment, or devices permitted in open outlook from any Lot or right-of-way. The term
“Vehicles” as used herein shall include, without limitation, automobiles, vans or trucks with or
without business logo, campers, trucks, busses, motor homes, mobile homes, boats, trailers,
portable aircraft, motorcycles, snowmobiles, minibikes, scooters, go-carts, and any other towed
or self-propelled transportation type vehicle. The term “Passenger Vehicles” as used herein
shall include passenger automobiles, vans, small trucks, motorcycles, and similar type vehicles
used regularly and primarily as transportation for the Occupants of the Lot. The term
“Commercial and Recreational Vehicles” as used herein shall include, without limitation, vans or
trucks with business logos, campers, busses, motor homes, mobile homes, boats, trailers,
portable aircraft, motorcycles, snowmobiles, minibikes, scooters, and go-carts. The following
restrictions apply:
(i) Parking areas shall refer to the number of garage parking spaces. All Vehicles
must be parked within garages. Driveway areas in front of garages shall be
considered parking areas for Passenger Vehicles only and only to the extent that
sufficient parking spaces are not provided in the garage for all the Vehicles used
by the Occupants of the Lot.;
(ii) No Commercial and/or Recreational Vehicle shall be permitted on the driveway
or any other portion of the Owner’s Lot, except within a garage, however,
Recreational Vehicles shall be allowed to park on the driveway for a maximum
DRAFT
forty-eight (48) hour period, for the sole purpose of loading and unloading the
Recreational Vehicle;
(iii) No Vehicles and/or Passenger Vehicles shall be parked overnight on any right-
of-way adjoining any Lot; provided that vehicles belonging to guests may
occasionally be parked during the day in the right-of-way adjoining a Lot.
(iv) No Passenger Vehicles parked on the driveway may extend over the sidewalk
and/or into the right-of-way.; and
(v) Owners who have visiting guests intending to stay may secure written permission
from the Association. Such a privilege shall only exist, however, after the written
permission has been obtained from the Association.
Section 3. Lot Maintenance by the Association. In the event an Owner fails to
maintain the exterior of his premises and the improvements situated thereon in a manner
consistent with maintenance standards of The Woods at Highlands Park community, the
Association shall, upon receipt of written complaint of any Owner, or upon its own initiative, and
a subsequent investigation, have the right through its agents and employees to enter upon the
offending Owner's Lot and repair, maintain and restore the Lot and exterior of the improvements
on that Lot if the Owner shall fail to respond in a manner satisfactory to the Association within
fourteen (14) days after mailing of adequate notice by certified mail to the last known address of
the Owner. The cost of such repair, maintenance or restoration shall be assessed against the
Lot, and the Association shall have the right to cause to be recorded a notice of lien for labor
and materials furnished, which lien may be enforced in the manner provided by law. In the
event that the estimated cost of such repair should exceed one-half of one percent of the
assessed value of the Lot and improvements on that Lot, the Association shall be required to
have the consent of fifty-one percent (51%) of the Members before undertaking such repairs.
ARTICLE IX
HOMEOWNERS' ASSOCIATION
Section 1. Non-Profit Corporation. The Association shall be a non-profit
corporation under the laws of the State of Washington. The Association may be an
unincorporated Association during the Development Period, unless the Declarant elects to
incorporate the Association.
Section 2. Membership. Every person or entity which is an Owner of any Lot shall
become a member of the Association. Membership shall be appurtenant to the Lot and may not
be separated from ownership of any Lot and shall not be assigned or conveyed in any way
except upon the transfer of title to said Lot and then only to the Transferee of title to the Lot. All
Owners shall have the rights and duties specified in this Declaration, the Articles and the
Bylaws of the Association.
DRAFT
Section 3. Voting Rights. Owners, including the Declarant, shall be entitled to one
vote for each Lot owned. When more than one person or entity owns an interest in any Lot, the
vote for that Lot shall be exercised as the Owners decide to exercise that vote, but, in no event,
shall more than one vote be cast with respect to any Lot, nor shall any vote be divided. The
voting rights of any Owner may be suspended as provided for in this Declaration, the Articles
and the Bylaws of the Association.
Section 4. Meetings. Meetings shall be conducted in accord with the specifications
set forth in the Bylaws of the The Woods at Highlands Park Homeowners' Association.
ARTICLE X
MANAGEMENT BY THE BOARD
Section 1. Enforcement of Declaration. The Board shall have the power to
enforce the provisions of this Declaration and the rules and regulations of the Association for
the benefit of the Association. The failure of any Owner to comply with the provisions of this
Declaration or the rules and regulations of the Association will give rise to a cause of action in
the Association (acting through the Board) and any aggrieved Owner for recovery of damages,
or injunctive relief, or both.
Section 2. Board of Directors. The number of Directors shall be set forth in the
Bylaws. The Board of Directors shall be elected by the Owners in accordance with the Bylaws.
All Board positions shall be open for election at the first annual meeting after termination of the
Development Period. The terms of the Board are defined in the Bylaws.
Section 3. Powers of the Board. All powers of the Board must be exercised in
accordance with the specifications which are set forth in the Bylaws. The Board, for the benefit
of all the Properties and the Owners, shall enforce the provisions of this Declaration and the
Bylaws. In addition to the duties and powers imposed by the Bylaws and any resolution of the
Association that may be hereafter adopted, the Board shall have the power and be responsible
for the following, in way of explanation, but not limitation:
(i) Insurance. Obtain policies of general liability insurance.
(ii) Legal and Accounting Services. Obtain legal and accounting services, if
necessary, to the administration of Association affairs, administration of the
Common Maintenance Areas, or the enforcement of this Declaration.
(iii) Maintenance. Pay all costs of maintaining the Common Maintenance Areas.
(iv) Maintenance of Lots. If necessary, maintain any Lot if such maintenance is
reasonably necessary in the judgment of the Board to (1) protect Common
Maintenance Areas, or (2) to preserve the appearance and value of the
Properties and/or Lot. The Board may authorize such maintenance activities if
the Owner or Owners of the Lot have failed or refused to perform maintenance
within a reasonable time after written notice of the necessity of such maintenance
has been delivered by the Board to the Owner or Owners of such Lot, provided
that the Board shall levy a special assessment against the Owner or Owners of
such Lot for the cost of such maintenance.
DRAFT
(v) Discharge of Liens. The Board may also pay any amount necessary to
discharge any lien or encumbrance levied against the entire Properties or any
part thereof which is claimed or may, in the opinion of the Board, constitute a lien
against the Properties or against the Common Maintenance Areas rather than
merely against the interest therein of particular Owners. Where one or more
Owners are responsible for the existence of such liens, they shall be jointly and
severally liable for the cost of discharging it and any costs or expenses, including
reasonable attorneys' fees and costs of title search incurred by the Board by
reason of such lien or liens. Such fees and costs shall be assessed against the
Owner or Owners and the Lot responsible to the extent of their responsibility.
(vi) Utilities. Pay all utility charges attributable to Common Maintenance Areas.
(vii) Security. Pay all costs deemed appropriate by the Board to ensure adequate
security for the Lots and Common Maintenance Areas constituting the residential
community created on the Properties.
(viii) Right to Contract. Have the right to contract for all goods, services,
maintenance, and capital improvements provided. However, such right of
contract shall be subject to Association approval.
(ix) Improvement of Common Maintenance Areas. Improve the Common
Maintenance Areas with capital improvements to such Common Maintenance
Areas, subject to the terms of Article VII, Section 6.
(x) Right of Entry. Enter any Lot or Residence when reasonably necessary in the
event of emergencies or in connection with any maintenance, landscaping or
construction for which the Board is responsible. Except in cases of emergencies,
the Board, its agents or employees shall attempt to give notice to the Owner or
occupant of any Lot or Residence twenty-four (24) hours prior to such entry.
Such entry must be made with as little inconvenience to the Owners as
practicable and any damage caused thereby shall be repaired by the Board if the
entry was due to an emergency (unless the emergency was caused by the
Owner of the Lot entered, in which case the cost shall be specially assessed to
the Lot). If the repairs or maintenance activities were necessitated by the
Owner's neglect of the Lot, the cost of such repair or maintenance activity shall
be specially assessed to that Lot. If the emergency or the need for maintenance
or repair was caused by another Owner of another Lot, the cost thereof shall be
assessed against the Owner of the other Lot.
(xi) Promulgation of Rules. Adopt and publish rules and regulations governing the
members and their guests and establish penalties for any infraction thereof.
(xii) Declaration of Vacancies. Declare the office of a member of the Board to be
vacant in the event that a member of the Board is absent from three consecutive
regular meetings of the Board.
(xiii) Employment of Manager. Employ a manager, an independent contractor, or
such other employee as the Board deems necessary and describe the duties of
such employees.
DRAFT
(xiv) Payment for Goods and Service. Pay for all goods and services required for the
proper functioning of the Common Maintenance Areas.
(xv) Impose Assessments. Impose annual and special assessments.
(xvi) Bank Account. Open a bank account on behalf of the Association and designate
the signatories required.
(xvii) Easements. Execute any and all covenants, easements, or other necessary
documentation relating to the use of Common Maintenance Areas.
(xviii) Exercise of Powers, Duties and Authority. Exercise for the Association all
powers, duties and authority vested in or delegated to the Association and not
reserved to the membership by other provisions of the Bylaws, Articles of
Incorporation, or this Declaration. The Board shall have all powers and authority
permitted to it under this Declaration and the Bylaws. However, nothing herein
contained shall be construed to give the Board authority to conduct a business
for profit on behalf of all the Owners or any of them.
ARTICLE XI
ARCHITECTURAL CONTROL
Section 1. Architectural Control Committee ("Committee"). The Committee shall
consist of not less than three (3) and not more than five (5) members. It is not a requirement
that members of the Committee be (1) Owners or (2) members of the Association.
During the Development Period, the Declarant may elect to exercise and perform the functions
of the Committee. If the Declarant elects not to perform this function or at any time elects to no
longer perform this function, the Declarant or the Board shall appoint the Committee to function
as herein provided. After termination of the Development Period, the functions of the
Committee shall be performed by the Board until such time as the Board shall appoint and
designate the Committee. The Committee shall be appointed within one month of the election
of the Board following the termination of the Development Period.
Section 2. Jurisdiction and Purpose. The Committee, or Declarant if a Committee
has not been appointed, shall review proposed plans and specifications for accessory
structures, air conditioners, fences, walls, hot tubs, sports courts, appurtenant recreational
facilities or other exterior structures to be placed upon the Lots or Properties. No exterior
addition or structural alteration may be made until plans and specifications showing the nature,
kind, shape, heights, materials and location of the proposed structure or alteration have been
submitted to and approved, in writing, by the Committee. The Committee shall also review
proposals to change the exterior color of residences in the community. The Committee shall
determine whether the exterior design and location of the proposed structure, alteration, or color
change harmonizes with the surrounding structures, surrounding natural and built environment,
and aesthetic character of other residences in the Woods at Highlands Park community.
Section 3. Membership. The Committee shall be designated by the Board. An
election to fill either a newly created position on the Committee or a vacancy on the Committee
requires the vote of the majority of the entire Board. However, the Board is not obliged to fill a
DRAFT
vacancy on the Committee unless the membership of the Committee numbers less than three
(3) persons.
Section 4. Designation of a Representative. The Committee may unanimously
designate one or more of its members or a third party to act on behalf of the Committee with
respect to both ministerial matters and discretionary judgments. The recommendations of such
individuals are subject to review by the entire Committee at the request of any member of the
Committee.
Section 5. Voting. Committee decisions shall be determined by a majority vote by
the members of the Committee.
Section 6. Submission of Plans and Specs. All plans and specifications required
to be submitted to the Committee shall be submitted by mail to the address of the Committee in
duplicate. The written submission shall contain the name and address of the Owner submitting
construction plans and specs which include, but are not limited to: a site plan, architectural,
grading, lighting, and landscape plans. The plans and specifications should contain the
following information:
(i) Building elevations for all sides of the residence and/or accessory structures with
reference to the existing and finished Lot grade. Include foundation, windows,
garages, doorways, roof pitch, porches, decks, stairways;
(ii) The elevation of the landscaping, retaining walls, and fences with reference to
existing and finished Lot grade. Materials, colors, and textures under
consideration must be indicated. For proposed fences, retaining walls and
rockeries, show relationship to walls, fences, rockeries, and grades on adjacent
Lots.;
(iii) Drainage flows;
(iv) Exterior finish materials, colors, and textures under consideration. Include roof.;
(v) Landscape plan. Indicate species of plant material, size and height, and
location.; and
(vi) Other information which may be required in order to determine whether the
standards in this Declaration and the Design Guidelines set forth and referenced
to in Article XIII, Section 2, have been met.
Section 7. Evaluating Development Proposals. The Committee shall have the
authority to establish aesthetic standards for evaluating development proposals. The
Committee shall determine whether the external design, color, building materials, appearance,
setbacks, height, configuration, and landscaping of the proposed structure harmonize with the
various features of the natural and built environment, the aesthetic character of the other homes
in the The Woods at Highlands Park community, and any other factors which affect the
desirability or suitability of a proposed structure or alteration.
Section 8. Approval Procedures. Within thirty (30) days after the receipt of plans
and specifications, the Committee shall approve or disapprove the proposed improvement. The
Committee may decline to approve plans and specifications which, in its opinion, do not conform
DRAFT
to restrictions articulated in this Declaration or to its aesthetic standards. The Committee shall
indicate its approval or disapproval on one of the copies of the plans and specifications provided
by the applicant and shall return the plans and specifications to the address shown on the plans
and specifications. In the event no disapproval of such plans and specifications is given within
thirty (30) days of submission, the plans and specifications shall be deemed to be approved by
the Committee and construction pursuant to the plans and specifications may be commenced.
This provision shall not apply to plans and specifications for homes which will be constructed by
Declarant.
Section 9. Compliance with Codes. In all cases, ultimate responsibility for
satisfying all local building codes and requirements rests with the Owner and contractor
employed by the Owner. The Committee has no responsibility for ensuring that plans and
specifications which it reviews comply with relevant building and zoning requirements. No
person on the Committee or acting on behalf of the Committee shall be held responsible for any
defect in any plans or specifications which are approved by the Committee nor shall any
member of the Committee or any person acting on behalf of the Committee be held responsible
for any defect in a structure which was built pursuant to plans and specifications approved by
the Committee.
i.)
Section 10. Variation. The Committee shall have the authority to approve plans and
specifications which do not conform to these restrictions in order to (1) overcome practical
difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of
applying these restrictions. However, such variations may only be approved in the event the
variation will not (1) place a detrimental impact on the overall appearance of the development,
(2) impair the attractive development of the subdivision, or (3) adversely affect the character of
nearby Lots or Common Maintenance Areas. Granting such a variation shall not constitute a
waiver of the restrictions articulated in this Declaration. Variations shall only be granted in
extraordinary circumstances.
Section 11. Enforcement. In any judicial action to enforce a determination of the
Committee, the losing party shall pay the prevailing party's attorneys' fees, expert witness fees,
and other costs incurred in connection with such a legal action or appeal (see Article XIV,
Section 4).
ARTICLE XII
LAND USE RESTRICTIONS
Section 1. Residential Restrictions. All Lots within the Properties shall be used
solely for private single family residential purposes. Private single family Residences shall
consist of no less than one Lot.
Section 2. Property Use Restrictions. No Lot shall be used in a fashion which
unreasonably interferes with the Owner's right to use and enjoy their respective Lots or
Common Maintenance Areas. The Board, the Committee designated by it, or the Declarant
shall determine whether any given use of the Properties and/or Lot unreasonably interferes with
those rights and such determinations shall be conclusive.
Section 3. Prohibition of Nuisances and Untidy Conditions. No noxious or
offensive activity shall be conducted on any Lot or Common Maintenance Area nor shall
DRAFT
anything be done or maintained on the Properties which may be or become an activity or
condition which unreasonably interferes with the right of other Owners to use and enjoy any part
of the Properties. No activity or condition shall be conducted or maintained on any part of the
Properties which detract from the value of the Properties as a residential community. No untidy
or unsightly condition shall be maintained on the Properties.
Section 4. Fences, Walls & Shrubs. Fences, walls or shrubs are, subject to the
approval of the Committee, unless they would interfere with easements reflected on the face of
the Plat and/or other easements elsewhere recorded. Fences, walls or shrubs shall be subject
to the Design Guidelines set forth and referenced to in Article XIII.
Section 5. Temporary Structures for Residential Purposes. No structure of a
temporary character or trailer, recreational vehicle, basement, tent, shack, garage, barn, or
other out buildings shall be used on any Lot at any time as a Residence, either temporarily or
permanently. No vehicles parked in public rights-of-way may be used temporarily or
permanently for residential purposes. All such structures shall be removed at the expense of
the Owner of the Lot on which the structure is located.
Section 6. Animals. No animals, other than dogs, cats, caged birds, tanked fish,
and other conventional small household pets, may be kept on any Lot. Animals shall not be
allowed to run at large. Dogs shall be kept on a leash and all other animals otherwise confined
in a manner acceptable to the Board whenever outside the dwelling. Lot Owners shall be
responsible for the removal of their animal’s waste wherever it is deposited within the Property.
Those pets which are permitted to roam free, or, in the sole discretion of the Board, make
objectionable noise, endanger the health or safety of, or constitute a nuisance or inconvenience
to the occupants of other Lot Owners, shall be removed on the Board’s request. If the pet
owner fails to honor such request, the Board may remove the pet. Pets shall be registered,
licensed and inoculated as required by law.
If an investigation of the Board indicates animals are kept in violation of this section, the Board
shall give the Owner ten (10) days' written notice of the violation. Such violations must be
remedied by the Owner within ten (10) days. Failure to comply with the written notice will result
in a fine of $25 per day, plus late fees. The Association shall be entitled to attorneys' fees for
any action taken to collect such fines in accordance with the provisions of Article XIV, Section 4.
If an Owner violates provisions of this section regarding pens and enclosures on more than two
(2) occasions, the Board may require the Owner to remove such structure.
Section 8. Delegation of Use and Responsibilities. Any Owner may delegate, in
accordance with the Bylaws of the The Woods at Highlands Park Homeowners' Association, his
right of enjoyment of Common Maintenance Areas to members of his family, his tenants, or
contract purchasers who reside on the property. In the event an Owner rents or leases his
property, a copy of this Declaration, as well as any rules and regulations that may be adopted
by the Association, shall be made available by the Owner to the prospective renter at the time of
commitment to the rental agreement. Each Owner shall also be responsible for informing
guests and service personnel of the contents of this Declaration, as well as any rules and
regulations that may be adopted by the Association as they may relate to appropriate
community behavior.
Section 9. Trees and Outlooks. No trees, shrubs, or street trees, other than those
retained by Declarant when clearing the Properties, shall be allowed to grow to a size which
DRAFT
noticeably and unreasonably interferes with a outlook of significance from another residence. In
the event an Owner claims a tree(s) and/or shrub(s) unreasonably interferes with the Owner’s
outlook of significance, the Owner shall notify the Association of such claim. The Board of
Directors shall determine whether the outlook is of significance and whether there has been
unreasonable interference with the outlook. Should the Board determine that there is an
unreasonable interference, it shall notify the Owner of such tree or shrub in writing, specifying
the nature of the interference, what should be done to eliminate the interference, and the time in
which such action must be taken.
Section 10. Protection of Trees. Owners shall not cut down street trees located
within the Properties. Owners shall notify the Board of any dead or diseased tree located on
their Lot and the Association shall determine if the tree should be removed.
ARTICLE XIII
BUILDING AND LANDSCAPING RESTRICTIONS
Section 1. Plans and Specifications Must be Approved. Any Residence or
temporary or permanent structure constructed in the Plat by a builder or Lot Owner other than
Declarant, or its members individually, must have their plans and specs reviewed and approved
by the Declarant, or Architectural Control Committee, if selected.
Section 2. General Building and Landscaping Restrictions. The following
general building and landscaping restrictions shall apply to the Declarant, builders and Lot
Owners. Declarant has also established design guidelines which Declarant, builders and Lot
Owners are subject to. The Design Guidelines are set forth in that document entitled The
Woods at Highlands Park Design Guidelines. The Declarant, or Board of Directors after the
Development Period, by majority vote, may change or modify the general building and
landscaping restrictions and the design guidelines to suit the needs of the Plat.
(i) Landscaping. Landscaping screening, hedges, and trees shall not be planted
on Lots in locations which will adversely impact the safe sight distance at
driveways and street intersections, or which unreasonably interfere with outlook
corridors of other Lot Owners. Trees shall not be grouped together in such a
manner which unreasonably interferes with outlook corridors of other Lots. Yard
art must be approved by the Architectural Control Committee.
(ii) Dog Runs and Enclosures. Not allowed.
(iii) Accessory Structures. Accessory structures to the Residence may be
temporary or permanent and shall include, but not be limited to, spas, garden
sheds, play equipment, tool sheds, doll houses, gazebos, sports courts,
swimming pools, tents, air conditioning units, satellite dishes, and flag poles.
The Committee shall have full authority to determine what constitutes an
accessory structure and if it shall be allowed at all.
All proposed accessory structures must be approved, in writing, prior to its
installation and/or construction, by the Committee and by the Lot Owners who
will be affected by the proposed structure. Accessory structures shall be subject
DRAFT
to height restrictions, determined by the Committee. No accessory structures
shall be located on the Lot in an area which unreasonably interferes with outlook
corridors; the quiet enjoyment of adjoining or affected Lot Owners; or interferes
with any retaining and/or keystone wall grids.
(iv) Signs. No signs, billboards, or other advertising structure or device shall be
displayed to the public outlook on any Lot, except one sign not to exceed four (4)
square feet in area, may be placed on a Lot to offer the Lot for sale or rent. All
such signs shall be of a quality equivalent to those used by Declarant. Furnished
model homes may have more than one sign for advertising purposes.
Signs may be used by the Declarant, or an agent of Declarant’s, to advertise the
Lots during the construction and sale period, however the signs must be located
in areas which are not offensive to anyone.
The Committee may cause any sign placed on any Lot or any portion of the
Properties they feel are in violation of these restrictions to be removed or
destroyed.
(v) Sport Courts and Swimming Pools. Sport courts and swimming pools must be
approved by the Committee. No outdoor lighting shall be allowed unless
approved by the Committee. No outdoor activity, including, but not limited to,
noise, sports playing, and/or music, shall continue the curfew time established by
City Ordinance, if any; otherwise, as dictated by the Association.
(vi) Utilities and Satellite Dishes. The wiring of accessory buildings or lights of any
kind shall be underground. No radio or television antennae, transmitters, or other
similar devices, shall be constructed or allowed on any Lot. Satellite receiving
dishes shall be allowed, subject to the review of Committee, however no such
device shall be located on any Lot in a location that is visible from the adjoining
homes, streets, and roadways, and shall not be located at the front elevation of
the home. This includes, but is not limited to, rooftops. The Committee may
grant a variance to these location restrictions due to satellite reception problems.
Any satellite device must be properly screened. Any violation of these
restrictions may result in the removal of such device, at the sole expense of the
Lot Owner causing the violation, if not removed within 48 hours after the notice of
removal requirement has been delivered to the Lot Owner causing the violation.
(vii) Fences. All fences must be approved by the Committee and meet design
guidelines. Height approvals may vary. All fences to be built shall be the same
color and design as the fences constructed by the Declarant unless otherwise
approved by the Committee. All fences shall comply with City of Renton Codes
or associated jurisdiction as written now or hereafter amended. See attached
exhibit “c”, fence detail.
Section 3. Permits. No construction or exterior addition or change or alteration of
any structure may be started on any portion of the Properties without the Owner first obtaining a
building permit and other necessary permits from the proper local governmental authority and
DRAFT
written approval of such permits from the Board, Committee or the Declarant. The Committee
must approve the plans for all construction or alteration proposals (see Article XI).
Section 4. Codes. All construction shall conform to the requirements of the State of
Washington codes (building, mechanical, electrical, plumbing) and local requirements required
by King County in force at the commencement of the construction, including the latest revisions
thereof.
Section 5. Entry for Inspection. Any agent, officer or member of the Board,
Committee, or the Declarant may, at any reasonable predetermined hour, upon 24 hours' notice
during construction or exterior remodeling, enter and inspect the structure to determine if there
has been compliance with the provisions of this Declaration. The above-recited individuals shall
not be deemed guilty of trespass for such entry or inspection. There is created an easement
over, upon and across the residential Lots for the purpose of making and carrying out such
inspections.
ARTICLE XIV
GENERAL PROVISIONS
Section 1. Covenants Running with the Land. These covenants are to run with
the land and be binding on all parties and persons claiming under them for a period of thirty (30)
years from the date these covenants are recorded, after which time the covenants shall be
automatically extended for successive periods of ten (10) years unless an instrument signed by
a majority of the individuals then owning Lots has been recorded which reflects their intent to
amend the covenants in whole or in part.
Section 2. Amendment. This Declaration and the Bylaws may be amended during
the initial thirty (30) year period if fifty-one percent (51%) of the members vote to amend
particular provisions of either instrument. This Declaration may be amended during the
Development Period by any instrument signed by both the Declarant and the Owners of at least
fifty-one percent (51%) of the Lots, including those owned by the Declarant. The provisions
expressly referring to the Declarant may not be amended without the Declarant's approval. The
Declarant may, unilaterally, during the Development Period, file for record an amendment to this
Declaration legally describing the Other Parcels, as defined in Article XIV, Section 8. All
amendments must be filed with the office of the King County Auditor.
Section 3. Enforcement. The Association, the Board, or any Owner shall have the
right to enforce, by any legal proceeding, all restrictions, conditions, covenants, reservations,
liens and charges now or hereafter imposed by the provisions of this Declaration.
Section 4. Attorney's Fees. In the event that it is necessary to seek the services of
an attorney in order to enforce any (1) provision of this Declaration or (2) lien created pursuant
to the authority of this Declaration, the individual against whom enforcement is sought shall be
obliged to pay any attorneys' fees incurred. If the Owner fails to pay such fees within sixty (60)
days, such fees shall become a lien against the Owner's lot.
Section 5. Successors and Assigns. The covenants, restrictions and conditions
articulated in this Declaration shall run with the land and shall accordingly be binding on all
successors and assigns.
DRAFT
Section 6. Severability. The invalidity of any one or more phrases, clauses,
sentences, paragraphs or sections hereof shall not affect the remaining portions of this
Declaration or any part thereof. In the event that one or more of the phrases, clauses,
sentences, paragraphs or sections contained herein should be invalid, this Declaration shall be
construed as if the invalid phrase, clause, sentence, paragraph or section had not been
inserted.
Section 7. Rule Against Perpetuities. In the event that any provision or provisions
of this Declaration violate the rule against perpetuities, such provision or provisions shall be
construed as being void and of no effect as of twenty-one (21) years after the death of the last
surviving incorporator of the Association or twenty-one (21) years after the death of the last
survivor of all the incorporators' children and grandchildren who shall be living at the time this
instrument is executed, whichever is later.
Section 8. Failure of Board to Insist on Strict Performance No Waiver. The
failure of the Board in any instance to insist upon the strict compliance with this Declaration or
rules and regulations of the Association, or to exercise any right contained in such documents,
or to serve any notice or to institute any action, shall not be construed as a waiver or a
relinquishment for the future of any term, covenant, condition, or restriction.
Section 9. Limitation of Liability. So long as a Director, Officer, or Declarant,
acting on behalf of the Board or the Association, has acted in good faith, without willful or
intentional misconduct, upon the basis of such actual information as is then possessed by such
Person, then no such Person shall be personally liable to any Owner, or to any other Person,
including the Association, for any damage, omission, error, or negligence of such Person;
provided that this provision shall not apply to the extent the liability of such person for such act,
omission, error, or negligence is covered by any insurance actually obtained by the Board.
Section 10. Indemnification. Each Director, Officer, and Declarant shall be
indemnified by the Association, against all expenses and liabilities, including attorneys’ fees,
reasonably incurred by or imposed in connection with any proceeding to which such person may
be a party, or in which such person may become involved, by reason of holding or having held
such position, or any settlement thereof, whether or not such person holds such position at
the time such expenses or liabilities are incurred, except to the extent such expenses and
liabilities are covered by insurance actually obtained by the Board and except in such cases
wherein such Director or Declarant is adjudged guilty of willful misfeasance in the performance
of his or her duties; provided that in the event of a settlement, the indemnification shall apply
only when the Board approves such settlement and reimbursement as being for the best
interests of the Association.
IN WITNESS WHEREOF, the undersigned, being the Declarant herein, have hereunto set their
hand(s) and seal(s) this ______ day of __________________, 2014.
DECLARANT
BURNSTEAD CONSTRUCTION, LLC,
DRAFT
By _______________________________
Its _____________________
STATE OF WASHINGTON )
) ss.
COUNTY OF K I N G )
On this _____ day of ____________, 2016, before me, the undersigned, a notary public in and
for the State of Washington, personally appeared ___________________, _____________ of
BURNSTEAD CONSTRUCTION LLC, a Washington Limited Liability Company, 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 mentioned, and
on oath stated that he was authorized to execute the said instrument on behalf of said
corporation.
WITNESS MY HAND AND OFFICIAL SEAL hereto affixed the day and year first above
written.
__________________________________
NOTARY PUBLIC in and for the State
of Washington, residing at
__________________________________
_________________________________
(Print Name)
My Commission Expires: ___________
EXHIBIT “A”
LEGAL DESCRIPTION OF PROPERTY
To be provided with Final Recording
DRAFT
EXHIBIT “B”
MAP OF PROPERTY
To be provided with Final Recording
DRAFT
EXHIBIT “C”
FENCE DETAIL
***If fences are stained they must be stained in Sherman Williams #3522 Banyon Brown***