HomeMy WebLinkAboutL_DECLARATION OF COVENANTS_230101_V1DECLARATION OF COVENANTS – PAGE 1 OF 14
After Recording Mail To:
Satwant Singh
24419 105th Pl. SE
Kent, WA 98030
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS, AND EASEMENTS
FOR GRANT PLACE TOWNHOMES ASSOCIATION
GRANTOR: APEX ENTERPRISES GROUP, LLC, a Washington
Limited Liability Company
GRANTEE: GRANT PLACE TOWNHOMES ASSOCIATION
ABBREVIATED LEGAL: Lots 1-36, Tracts A-C, Grant Place Townhomes, City of
Renton Unit Lot Subdivision LUA 17-000335
FULL LEGALS ON PAGE: Page 1
TAX PARCEL NOS.: _______________________________________
This Declaration of Covenants, Conditions, Restrictions, and Easements for City of Renton Unit Lot
Subdivision No. LUA 17-000335 (the "Declaration") is made by GRANT HOMES TOWNHOMES
ASSOCIATION, a Washington non-profit corporation (the "Declarant"), under the terms, conditions,
and provisions and for the purposes set forth herein.
RECITALS
WHEREAS, Declarant is the owner of that certain real property legally described as follows (collectively
the "Property"):
Lots 1-36, Tracts A-C, Grant Place Townhomes, City of Renton Unit Lot Subdivision LUA 17-
000335, as recorded under Recording No. _____________________, records of King County,
Washington.
Situate in Renton, King County, Washington. (“Subdivision”)
AND WHEREAS, Declarant has constructed a residential development on the Property (the
"Community") as permitted by the City of Renton;
AND WHEREAS, all Lots have shared lot lines with common walls, as shown on the Subdivision;
DECLARATION OF COVENANTS – PAGE 2 OF 14
AND WHEREAS, Declarant desires to establish an Agreement and other Covenants, Conditions,
Restrictions, and Easements to run with the Property to govern maintenance, use, and other matters
regarding the Lots within the Community for the benefit of the Owners of the Lots;
NOW, THEREFORE, Declarant agrees and covenants that the Property and all improvements now existing
or hereafter constructed thereon will be held, leased, sold, and conveyed subject to and burdened by the
following covenants, conditions, restrictions, reservations, limitations, liens, and easements, all of which
are for the purposes of enhancing and protecting the value, desirability, and attractiveness of the Property
for the benefit of all the Owners thereof and their respective heirs, successors, grantees, and assigns. All
provisions of this Declaration shall be binding upon all parties having or acquiring any right, title, or interest
in the Property or any portion thereof and shall inure to the benefit of each Owner thereof and to the benefit
of the Grant Place Townhomes Association (the "Association"), and shall otherwise in all respects be
regarded as covenants running with the land.
ARTICLE 1 – DEFINITIONS
1.1. "Association" shall mean and refer to the Grant Place Townhomes Association, a Washington
nonprofit miscellaneous and mutual corporation, and its successors and assigns.
1.2. "Common Areas" shall mean and refer to those areas or improvements owned or maintained by the
Association for the benefit of the Owners, as further defined in Article 8 herein.
1.3. "Common Expenses" shall mean and refer to all sums lawfully assessed against Owners by the
Association for expenses of administration, maintenance, repair, or replacement of the Common Areas,
which costs are further defined in Article 8 herein.
1.4. "Declarant Control Period" shall mean and refer to the period of time from the date of recording of
this Declaration until the earliest of: (a) the date thirty (30) days after Declarant has transferred title for all
Lots to a person who intends to use the Lot for his or her own residence; (b) the date on which Declarant
elects, in writing provided to all Owners, to permanently relinquish all of Declarant's authority under this
Declaration; or (c) the date two (2) years from the date of recording this Declaration. A partial delegation
of authority by Declarant of any of its management duties described in the Declaration shall not terminate
the Declarant Control Period.
1.5. "Governing Documents" shall mean and refer to this Declaration and the Articles of Incorporation,
Bylaws, and rules and regulations of the Association, including all supplements and amendments thereto.
1.6. "Lot" shall mean and refer to any legally segmented and alienable portion of the Property created
through subdivision or any other legal process for dividing land and subjected to the Declaration by an
appropriate recording, with the exception of dedicated rights-of-way and Tracts.
1.7. "Owner" shall mean and refer to the record owner of a fee interest in any Lot, including Declarant but
excluding mortgagees or other persons or entities having such interest merely as securit y for the
performance of any obligation. When one or more persons or entities own a Lot, all such individuals or
entities owning the Lot will be considered together as one Owner, jointly and severally liable and
responsible for all purposes under this Declaration. Purchasers or assignees under recorded real estate
contracts shall be deemed Owners as against their respective sellers or assignors.
1.8. "Party Wall" shall mean and refer to any of the walls built on the Lot lines separating any of the 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
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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.
1.9. "Party Wall Adjoining Lots" shall mean and refer to each pair of Lots that share a Party Wall. When
used in reference to a particular Owner, it refers to the Party Wall 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.
1.10. "Reserve Account" shall mean and refer to a reserve fund, if any, for major maintenance, repair, or
replacement of the Common Areas and any improvements thereon. Any such Reserve Account shall be
deposited with a banking institution in the name of the Association. The Reserve Account shall be expended
only for the purpose of effecting the major maintenance, repair, or replacement of the Common Areas and
any improvements and community facilities thereon, and for 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 Owner in any such reserves shall
be considered an appurtenance of his Lot and shall not be separately withdrawn, assigned, or transferred
from the Lot to which it appertains.
1.11. "Reserve Component" shall mean and refer to a Common Area for which the cost of maintenance,
repair, or replacement is infrequent, significant, and impractical to include in the annual budget of the
Association.
1.12. "Reserve Study Professional" shall mean and refer to an independent person who is suitably
qualified by knowledge, skill, experience, training, or education to prepare a reserve study in accordance
with RCW 64.90.545 and 64.90.550.
1.13. "WUCIOA" shall mean and refer to the Washington Uniform Common Interest Ownership Act
(RCW 64.90).
ARTICLE 2 • DECLARATION RUNNING WITH THE LAND
2.1. This Declaration, and all terms, provisions, and conditions herein shall be operative as a set of
covenants running with the Property, or equitable servitudes, and are binding upon and inure to the benefit
of Declarant and all subsequent Owners. Unless otherwise specified, the easements granted in this
Declaration are permanent easements appurtenant. Each Owner, by taking title to a Lot, hereby agrees that
the Owner's guests and tenants, and all persons and entities claiming by, through, or under that Owner, to
be bound by and to comply with all terms, provisions, conditions, and easements in this Declaration.
ARTICLE 3 • LOT BOUNDARIES
3.1. The Lot boundaries are as shown on the Subdivision.
3.2. Any shared walls or roofs shall be deemed Party Walls as defined herein.
3.3. Where walls are designated as boundaries of a Lot, all lath, furring, wallboard, plasterboard, plaster,
paneling, tiles, wallpaper, paint, and any other materials constituting any part of the finished surfaces
DECLARATION OF COVENANTS – PAGE 4 OF 14
thereof are a part of the Lot into which they face. All other portions of walls, floors, and roofs are party
wall elements allocated proportionately to the Lots they serve.
3.4. If any chute, flue, duct, wire, conduit, bearing wall, bearing column, or any other fixture lies partially
within and partially outside the designated boundaries of a Lot, any portion thereof serving only that Lot is
allocated solely to that Lot, and any portion thereof serving more than one Lot is allocated proportionately
to the Lots it serves.
3.5. Any fireplaces, shutters, awnings , window boxes, doorsteps, stoops, porches, balconies , decks, patios,
and all exterior doors and windows or other fixtures designed to serve a single Lot , but located outside the
Lot's boundaries, are allocated exclusively to that Lot.
ARTICLE 4 - PARTY WALLS
4.1. The Party Walls as built as part of the original construction of the Community are intended to serve as
Party Walls, also referred to as Common Walls on the Subdivision, for the Lots.
4.2. Nothing may be done that will lessen or impair the structural support and integrity of the Party Walls.
4.3. 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 the other Party Wall Adjoining Lot.
4.4. Except as otherwise provided in this Declaration, the Owners of Party Wall Adjoining Lots sh all
equally share the cost of all reasonably necessary maintenance and repair of a Party Wall. If a Party Wall
is damaged or destroyed by fire or other casualty or other cause, the Owners of the Party Wall Adjoining
Lots shall, except as otherwise provided in this Declaration, equally share the cost to repair or reconstruct
the Party Wall to essentially its condition prior to such damage or destruction. 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.
4.5. 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 the "Work"), subject to the following
provisions, conditions, and requirements:
4.5.1. Except as otherwise established in this Declaration, all Work shall be done at the sole cost and
responsibility of that Owner.
4.5.2. 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.
4.5 .3. No Work may in any way impair the structural integrity or functioning of the Party Wall.
4.5.4. That Owner shall be responsible for any damage in any way arising out of and/or related to the Work.
4.6. The Owner of a Party Wall Adjoining Lot (the "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,
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and expenses (including attorneys' fees) in any way arising out of any lien or claim of lien asserted and/or
filed related to any repair, maintenance, reconstruction, alteration, or restoration for which the Indemnifying
Owner is responsible under this Declaration, or otherwise.
4.7. Notwithstanding any other provision of this Declaration, if the need for maintenance, repair ,
replacement, restoration, 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, replace, restore, and/or reconstruct the Party
Wall and is solely responsible for all costs and damages related to and/or arising out of that intentional act
or negligence.
ARTICLE 5 - EASEMENTS FOR USE, MAINTENANCE, AND
INADVERTENT ENCROACHMENTS
5.1. Declarant hereby grants, conveys, and declares easements for the benefit of each Owner over, under,
upon, and through the location of the mailboxes and address signs as initially constructed by Declarant.
Declarant further hereby grants, conveys, and declares easements appurtenant over, under, upon, and
through each Lot to the Owner of each other Lot and to use, maintain, repair, and reconstruct wires, pipes,
vaults, lines, drains, tanks, catch basins, cleanouts, conduits, and other appurtenances and facilities for
electrical service, natural gas, telephone, cable television and telecommunication, water, stormwater, sewer,
and other utilities and communication facilities as constructed as part of the Community . Each Owner shall
have reasonable access to each other Lot in order to effect the maintenance, repair, and reconstruction rights
granted herein, and each such Owner shall be responsible for repairing any damage or disruption done to
the other Lot and the improvements thereon resulting from such maintenance, repair, or reconstruction
and/or access to effect the same. Each Owner utilizing these easements and entering another Lot shall leave
the other Lot in as good or better condition than it was in prior to said entry.
5.2. Declarant hereby declares and grants easements over, under, upon, and through each Lot to the Owners
of each of the other Lots to maintain any encroachment on any Lot resulting from and/or arising as a result
of the original construction of the buildings, staircases, walkways, or other improvements within the
Community; engineering or survey errors; settlement or shifting of any building or other improvements on
any Lot; building projections or overhangs; or any similar cause. This easement shall last so long as the
encroachment lasts including any reconstruction or repair of any such encroaching improvement. The
encroachments for which easements are granted in this Section shall not be construed as constituting
encumbrances affecting the marketability of title to any Lot. In addition, encroachments of building
footprints, upper story projections, and other building components into access or other easements which
results from design elements, engineering or surveying errors, errors in the original construction of the
buildings, settlement or shifting of any building, or other causes do not constitute a violation of the rights
of any Owner or impair the marketability of title to any Lot and do not give rise to a cause of action for
removal of those encroachments or for other relief. Those encroachments may remain, and the buildings
may be reconstructed and repaired to include those encroachments.
ARTICLE 6 - COVENANTS
6.1. The Lots may be used for residential purposes only, but including home occupation or business uses
permitted by applicable law. The home on each Lot may not be subdivided in any manner. All rentals must
be by written lease or rental agreement and include essentially the following language: "Tenant
understands that the premises are subject to a Declarat ion of Covenants, Conditions, Restrictions,
and Easements, which is attached hereto. Tenant agrees to, in all respects, abide by and conform to
all requirements of that Declaration of Covenants, Conditions, Restrictions, and Easements, and any
applicable supplements, addendums, or amendments." A complete copy of the Declaration must be
DECLARATION OF COVENANTS – PAGE 6 OF 14
included as an exhibit to the lease or rental agreement. Each Owner renting or leasing a Lot shall be
responsible and liable hereunder for all actions of the Tenants of said Lot. Any enforcement of the
Covenants based on the actions of a Tenant shall run against the Owner of said Lot.
6.2. An Owner may not engage in nor permit any activity on a Lot that would constitute a nuisance or
unreasonably interfere with the rights of any Owner and /or occupant of another Lot.
6.3. Except as otherwise provided herein, each Owner shall maintain that Owner's Lot and the home,
landscaping, fencing, and other improvements and features on that Owner's Lot in a clean and sanitary
condition, free of rodents and pests, and in good order, condition, and repair at all times. In addition, except
as otherwise provided herein, each Owner shall timely perform all painting/staining, caulking, landscaping,
maintenance, and other work reasonably necessary from time to time to maintain the attractive and orderly
appearance of the exterior of the home, landscaping, and other improvements and features on that Owner's
Lot.
6.4. Each Owner shall maintain the roof on the home on that Owner's Lot. In the event that the Owner
intends to repair or replace the roof, that Owner shall use materials similar in type, quality, and color to the
original roof, except as agreed to by the Owners of all of the Lots. In the event of a total replacement of the
roof on the homes on the Party Wall Adjoining Lots, the cost of that roof replacement shall be shared by
the Owners of such Lots in proportion to each Owner 's roof area. Unless another mechanism is agreed to
by the Owners of the Party Wall Adjoining Lots, at least three (3) itemized bids for such work shall be
obtained from reputable, qualified, licensed contractors doing business in King County, Washington, and
those Owners shall select the lowest responsive bidder and jointly contract with the selected contractor.
6.5. Each Owner shall maintain the exterior siding, trim, caulking, windows, and doors on the home on that
Owner's Lot. In the event that the Owner intends to repaint/re-stain, repair, or replace the exterior siding,
trim, caulking, windows, or doors, that Owner shall use materials similar in type, quality, and color to the
original exterior siding, trim, windows, and doors, except as agreed to by the Owners of all of the Lots. In
the event of a total replacement of the exterior siding and/or total repainting/re-staining of the exterior
siding, trim, caulking, windows, or doors of the homes on the Party Wall Adjoining Lots, the cost of that
replacement or repainting/re-staining shall be shared by the Owners of such Lots in proportion to each
Owner's exterior wall area. Unless another mechanism is agreed to by the Owners of the Party Wall
Adjoining Lots, at least three (3) itemized bids for such work shall be obtained from reputable, qualified,
licensed contractors doing business in King County, Washington, and those Owners shall select the lowest
responsive bidder and jointly contract with the selected contractor.
6.6. New sewer connections within the King County Metro service area are subject to a Sewer Capacity
Charge, which begins on the date of each Lot's final side sewer inspection and lasts for a period of fifteen
(15) years. The Property is or may be subject to this Capacity Charge, which is billed by King County every
three months. The King County invoice is separate from and is in addition to invoices from the local public
utilities, and must be paid directly to King County by each Owner.
6.7. A common refuse and recycling area for all Lots is provided as shown on the Subdivision and/or
approved building plans. In accordance with standard solid waste regulations, no hazardous waste products
shall be disposed of in the common refuse and recycling area, including, but not limited to, items that are
explosive, toxic, flammable, reactive, or corrosive, such as paint thinner, fluorescent lights, pesticides,
batteries, electronics, etc. Owners shall take care in sorting items to ensure that they are placed in the
appropriate container; placing incorrect items in containers can cause refusal of pickup and/or result in
increased charges. To conserve space, Owners shall flatten all cans, boxes, and plastic containers before
placing them in the recycling containers. Disposal of furniture and other large, bulky items is prohibited.
No Lot or any portion thereof shall be used as a dumping ground for trash or rubbish of any kind. All
DECLARATION OF COVENANTS – PAGE 7 OF 14
garbage, trash, yard and food waste, household recyclables, and other similar debris and discardables shall
be placed in appropriate sanitary containers and stored within the common refuse and recycling area.
Owners are responsible for moving the shared garbage, recycling, and food/yard waste containers to an
appropriate pickup location at the frontage curb during a 24-hour period around the pickup date.
6.8. No vehicle or other item may be placed or stored in a way that would limit, block, or materially interfere
with the right of each Owner and/or occupant to access their Lot's garage or to prevent the use of such
parking area for its intended purposes. In addition, no camper, trailer, motor home, boat, other recreational
vehicle, or inoperable vehicle may be parked outside on any Lot, except this shall not prohibit temporary
(less than 48 hours) parking of same.
6.9. Each Owner shall be solely responsible for the full cost of the electrical charges and the full cost of
maintenance, repair, or replacement of the exterior lighting on that Owner's Lot, if any, and is not entitled
to reimbursement from the Association or any other Owner, person, or entity. Each Owner shall timely pay
the electrical charges for that Owner's Lot so that the exterior lighting remains energized at all times.
6.10. Each Owner of a Lot benefitting from the posting of an address sign is responsible for its maintenance
and repair costs.
6.11. Each Owner benefiting from a private/detached mailbox shall be solel y responsible for the cost of
maintenance, repair, and replacement of that Owner's mailbox. Each Owner benefiting from any shared
mailbox facility shall share equally in the cost of maintenance, repair, and replacement of the common
appurtenances to the shared mailbox facility, but shall be solely responsible for the cost of maintenance,
repair, and replacement of that Owner's individual portion of the mailbox facility. Each Owner benefiting
from any common/shared mailbox facility shall cooperate in the maintenance, repair, or replacement of the
mailbox facility.
6.12. The cost of maintenance, repair, and reconstruction of paved access/driveway/drive aisle areas within
the Property shall be equally shared by all Owners.
6.13 The cost of maintenance, repair, and reconstruction of pavers and walkways used in common shall be
shared equally by the Lots that benefit therefrom.
6.14. The cost of maintenance, repair, and reconstruction of external stairs and railings, if any, used in
common shall be equally shared by all Owners.
6.15. The cost of maintenance, repair, and reconstruction of retaining walls, if any, within the Property shall
be shared equally by the Lots that benefit therefrom.
6.16. Declarant may construct fencing on the Property. These fences may not necessarily be built on
property lines, and are not intended to define property lines or ownership. The Lots are defined by the
Subdivision. Each Owner acknowledges that any fencing installed by Declarant as part of its construction
of the Community shall not be moved or removed except pursuant to any relevant regulations and by an
instrument signed by more than fifty percent (50%) of the Owners of Lots within the Property. All Owners
shall be equally responsible for all costs related to maintenance, repair, and replacement of all fencing
within the Property, except when such cost is caused by a specific Owner or that Owner's family, guest,
tenant, agent, workman, contractor, or other licensee or invitee, in which case such cost shall be borne
solely by that Owner.
6.17. No signs, other than "For Sale", "For Rent", and political signs may be placed or displayed on any
Lot where the sign is visible outside the Lot.
DECLARATION OF COVENANTS – PAGE 8 OF 14
6.18. The only animals that may be kept on any Lot are dogs, cats, and other similar household pets,
(collectively "Permitted Pets"). Under no circumstances may Permitted Pets be kept, bred, or used on any
Lot for any commercial purpose, nor in any number that creates a nuisance. Permitted Pets may not be
continuously kept outside on any Lot, and Permitted Pets must be continuously controlled and kept in a
manner that does not, through noise, odor, aggressive conduct, or otherwise, interfere with the rights of
other Owners or those Owners' family members, guests, tenants, invitees, and licensees.
6.19. Timesharing as defined in RCW 64.36.010 is prohibited.
6.20. No item may be placed or stored in any way that would limit or block access for the respective uses
and purposes to, or through, the easements for ingress, egress, pedestrian access, off-street parking, bicycle
parking, refuse/recycling container storage, mailboxes, address signs, emergency access, and utilities.
These easements are described and graphically illustrated on the Subdivision and in other documents
recorded in the public records of King County, Washington. No action shall be taken that will materially
interfere with the right of any benefited Owners to use these easements for their intended purposes. Unless
provided otherwise herein, the Owners shall equally share in all maintenance and repair of these easement
areas to the extent they benefit therefrom.
6.21. Each Owner shall continuously maintain property insurance, liability insurance, and such other
insurance as the Board deems advisable. All insurance shall be obtained from insurance carriers that are
generally acceptable for similar residential properties and authorized to do business in the State of
Washington. All such insurance policies shall provide that coverage may not be cancelled or substantially
modified (including cancellation for nonpayment of premium) without at least thirty (30) days' prior written
notice to the Association. Each Owner shall provide the Association with proof of insurance upon the
request of the Association.
6.22.1. The property insurance maintained by each Owner shall, at the minimum, provide all risk or special
cause of loss coverage in an amount equal to the full replacement cost of all fixtures and improvements
located on that Owner's Lot, including all portions of any structure located thereon, with such reasonable
deductibles and exclusions from coverage as the Board may from time to time approve or by rule or
regulation establish.
6.22.2. The liability insurance coverage maintained by each Owner shall cover liability of the insureds for
property damage and bodily injury and death of persons arising out of the operation, maintenance, and use
of the Lot and/or improvements located on the Lot, and such other risks as are customarily covered for
similar residential properties with a limit of liability of at least replacement value of the improvements
located on the Lot, including all portions of any structure located thereon.
6.23. Any portion of the Lot for which insurance is required which is damaged or destroyed shall be repaired
or replaced promptly by the Owner unless repair or replacement would be illegal under any state or local
health safety statute or ordinance.
ARTICLE 7 - HOMEOWNERS' ASSOCIATION
7.1. Declarant has established the Grant Place Townhomes Association (the "Association") for the
Community.
7.2. Membership in the Association shall be comprised of each of the Owners of Lots within the
Community. Every Owner shall be a member of the Association. When an Owner conveys, or otherwise
DECLARATION OF COVENANTS – PAGE 9 OF 14
transfers ownership of a Lot within the Community, membership in the Association shall automatically
transfer to the new Owner.
7.3. The Association's Board of Directors and/or the Owners shall adopt bylaws or rules as may be necessary
or beneficial for the management of the Association and for the Common Expenses as are defined below,
provided the same are not inconsistent with this Declaration.
7.4. The Association shall have the authority as outlined in the Governing Documents, and any other
authority the Association's Board of Directors and/or the Owners may vest in the Association.
7.5. In accordance with the procedures set forth below, during the last calendar quarter of each year, the
Association shall adopt and ratify a budget to pay Association expenses for the next year, including, but not
limited to, all costs related to: Association management and administration; the Common Expenses;
services furnished by or to the Association; taxes; liability and other insurance; utilities and other services;
and funding all reserves (if any) established by the Association. The Association's payment of each Lot's
water, sewer, and refuse/recycling charges to local public utilities, if any, is considered a pass-through
expense and shall not be included as part of the Association budget.
7.6. Within thirty (30) days after adoption of any proposed budget for the Association, the Board must
provide a copy of the budget to all Lot Owners and must set a date for a meeting of the 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 Owners of Lots to which a majority of the votes in the Association reject the
budget, the budget and the assessments against the Lots included in the budget are ratified, whether or not
a quorum is present. If the proposed budget is rejected or the required notice is not given , the periodic
budget last ratified by the Owners continues until the Owners ratify a subsequent budget proposed by the
Board.
7.7. The budget must include:
a. The projected income to the Association by category;
b. The projected Common Expenses and those specially allocated expenses that are subject to being
budgeted, both by category;
c. The amount of the assessments per Lot and the date the assessments are due;
d. The current amount of regular assessments budgeted for contribution to the Reserve Account;
e. 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 that reserve
study; and
f. The current deficiency or surplus in reserve funding expressed on a per Lot basis.
7.8. The funds required to meet the Associations’ annual expenses shall be raised from an annual general
assessment against each Lot as provided herein.
7.9. During the Declarant Control Period, each Lot owned by Declarant shall be entitled to five (5) votes,
and each Lot owned by an Owner other than Declarant shall be entitled to one (1) vote. Upon expiration of
the Declarant Control Period, the total number of votes in the Association shall be equal to the number of
Lots subject to this Declaration, and each Lot shall be entitled to one (1) vote.
DECLARATION OF COVENANTS – PAGE 10 OF 14
7.10. Except as provided in Section 9.9 above, the Owner of each Lot shall be entitled to cast one vote in
any actions requiring a vote by Association members. When more than one person or entity holds a fee
interest in any Lot, the vote for that Lot shall be cast as the Owners of that Lot determine amongst
themselves as evidenced by written proxy presented at each vote. In no event shall more than one vote be
cast with respect to any Lot.
7.11. The Association, its employees, agents, and contractors shall have a perpetual, nonexclusive easement
over, under, and across the Property with right of immediate entry and continued access for the construction,
improvement, maintenance, repair, and reconstruction of the Common Areas.
7.12. Unless the Association determines to use another mechanism, the Association shall maintain a
checking account with sufficient funds to pay for the annual Common Expenses as established in the annual
budget of the Association. Unless the Owners unanimously agree, the Association shall not accumulate
reserves or other funds in excess of the anticipated annual Common Expenses, but any funds remaining in
the Association after the annual Common Expenses are paid shall be held by the Association for future
Common Expenses.
ARTICLE 8 - COMMON AREAS AND COMMON EXPENSES
8.1. The Association shall manage and control the Common Areas for the benefit of the Owners. Except
as otherwise limited by law, prior restriction, or the restrictions set forth in this Declaration, each Owner
shall have a non-exclusive right to use and enjoyment of the Common Areas. Common Areas shall mean
and refer to those areas or improvements owned or maintained by the Association for the benefit of the
Owners, including:
8.1.1. Common/dumpster refuse and recycle area, including fencing/screening, gate, locks, etc.
8.1.2. Any other areas or improvements which the Association's Board of Directors and/or the Owners
agree to treat as a Common Area.
8.2. The Association shall be responsible for paying for and making decisions with respect to the Common
Expenses, which shall be comprised of the following:
8.2.1. Any and all expenses as may be reasonably necessary or appropriate related to ownership and/or
management of the Common Areas, including , but not limited to, insurance, taxes, operation, inspection,
annual or other testing, alteration, repair, maintenance, upgrade, reconstruction, removal, and/or
replacement.
8.2.2. Reserve funding, if a Reserve Account is established as provided herein, for major Common
Expenses and for major maintenance, repair, or replacement of the Common Areas and any improvements
thereon.
8.2.3. All costs related to Association administration and management.
8.2.4. Insurance as required by the Bylaws.
8.2.5. Any other expense that the Association's Board of Directors and/or the Owners agree to treat as a
Common Expense.
ARTICLE 9 - ASSESSMENTS AND WORKING CAPITAL CONTRIBUTION
DECLARATION OF COVENANTS – PAGE 11 OF 14
9.1. By acquisition of any ownership interest in a Lot, the Owner thereof covenants and agrees thereby, on
behalf of the Owner and the Owner's heirs, successors, and assigns, to pay the Association, in advance, all
general and special assessments levied as provided herein. Notwithstanding the foregoing, Declarant shall
not be obligated to pay any assessments.
9.2. Except as otherwise expressly set forth in this Declaration, an annual general assessment shall be levied
against each Lot, and the Owner thereof is responsible for payment of said general assessment. The amount
of said general assessment shall be one-thirty sixth (1/36th) of all funds needed to pay the Common
Expenses for the coming year, based on the adopted and ratified budget, considering any available funds
held by the Association to pay Common Expenses.
9.3. Unless the Board otherwise provides, one-twelfth (1/12th) of each Lot's general assessment shall be
due in advance on the first day of each calendar month. Upon appropriate Association action, installments
of general assessments may be collected on a monthly, quarterly, semi -annual, or annual basis, as
determined by the Board. Any Owner may prepay one or more installments on any general assessment or
special assessment levied by the Association without penalty.
9.4. In addition to the general assessments authorized by this Article, the Association may, by Association
action, levy a special assessment or assessments at any time for the purpose of defraying, in whole or in
part, the cost of any construction or reconstruction, inordinate repair, or replacement of any improvements
located upon or forming a part of the Common Areas, including necessary fixtures and personal property
related thereto, or for such other purpose as the Association may consider appropriate, including
Association maintenance of a Lot, street trees, and/or landscaping as authorized herein.
9.5. The due dates of any special assessment payments shall be fixed by the Association action authorizing
such special assessment.
9.6. Every general assessment and special assessment shall constitute a lien on the levied Lot until the
assessment is paid in full. If an Owner does not pay the assessment in full within thirty (30) days of the
assessment due date (the "Defaulting Owner"), then the Association or any Owner may file a claim of
lien against the Lot of the Defaulting Owner. In addition to , and without in any way limiting, any other
rights available at law or in equity, this lien may be foreclosed by the Association or any Owner in the same
manner as foreclosing a mortgage on real property . This lien shall stay in existence until paid in full and
shall not be terminated or otherwise affected by the sale or transfer of the Lot of the Defaulting Owner. All
assessments not paid within thirty (30) days of the assessment due date shall bear interest at twelve (12%)
per annum until paid in full, and the Defaulting Owner shall be liable for all costs and attorneys' fees
incurred by virtue of that Owner's failure to pay assessments, including, but not limited to, all costs and
attorneys' fees in the foreclosure of an assessment lien. In addition to being a lien on the Lot of the
Defaulting Owner, the amount of any assessment, plus interest and costs and attorneys' fees as provided
herein, shall be the personal liability of the Owner of the Lot at the time the unpaid assessment was due.
9.7. The annual average assessment may not be increased to an amount greater than the initial amount as
will be set by the Declarant prior to the first sale of a Lot to a non-declarant owner, exclusive of user fees,
and insurance premiums, and pass-through fees for services paid by the Association, which amount shall
be adjusted annually pursuant to RCW 64.90.065, prior to the transition meeting without the consent of Lot
Owners, other than the Declarant, holding ninety percent (90%) of the votes in the Association.
9.8. Unless (a) the Community has only minimal reserve cost, or (b) the cost of a Reserve Study or update
exceeds ten percent (10%) of the Association's annual budget, the Board shall cause the Association to
prepare a reserve study based upon a visual site inspection conducted by a Reserve Study Professional (a
DECLARATION OF COVENANTS – PAGE 12 OF 14
"Reserve Study"). The Reserve Study shall comply with the requirements of RCW 64.90.550, and shall be
updated annually unless doing so would impose an unreasonable hardship. At least every three (3) years,
an updated Reserve Study must be prepared and based upon a visual site inspection conducted by a Reserve
Study Professional. When more than three (3) years have passed since the date of the last Reserve Study
prepared by a Reserve Study Professional, the Owners to which at least thirty-five percent (35%) 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, provide
reasonable assurance the Owners who made the demand that the Board will include a Reserve Study in the
next budget and, if the budget is not rejected by a majority of the Owners, will arrange for the completion
of a Reserve Study.
9.9. Upon closing of the first conveyance of each Lot to a purchaser or upon first occupancy of a Lot,
whichever occurs first, the Association shall assess and collect a working capital contribution in the amount
of Two Hundred Fifty and No/100 Dollars ($250) for such Lot.
ARTICLE 10 - ENFORCEMENT
10.1. Owners are encouraged to attempt to resolve any dispute arising out of this Declaration through
discussion or other informal means, including mediation. If an Owner fails or refuses to perform any
required maintenance, repair, reconstruction, replacement, restoration, or other obligation, or fails or refuses
to make any payment required under this Declaration or the Governing Documents (the "Defaulting
Owner''), and if such failure or refusal continues beyond thirty (30) days after written demand to comply
by another Owner, or by the Association through its Board (the "Demand Owner or the Association"),
then the Demand Owner or the Association may perform the maintenance, repair, reconstruction,
replacement, or restoration; make the payment; and/or otherwise cure the default, and send a statement of
the costs thereof (the "Cure Costs") to the Defaulting Owner. The Demand Owner or the Association has
a lien on the Defaulting Owner's Lot for the amount of all Cure Costs paid by the Demand Owner or the
Association. If the Defaulting Owner does not pay the Cure Costs within thirty (30) days after the Demand
Owner or the Association sends the statement of the Cure Costs, then the Demand Owner or the Association
may, after an additional thirty (30) days, record a Notice of the Lien against the Lot of the Defaulting
Owner, specifying the amount of the Cure Costs, in the real property records of King County, Washington.
The lien for the Cure Costs may be foreclosed in the manner of foreclosing a mortgage on real property. In
addition, any Owner or the Association may enforce this Declaration by a suit in a court of competent
jurisdiction, and the court in any such action shall have authority to award damages, to order payments of
sums due under this Declaration, to order specific performance, and to grant any other appropriate legal,
equitable, or other relief. Each Demand Owner or the Association shall be entitled to recover any costs,
including reasonable attorneys' fees, incurred in connection with enforcement of this Declaration against
any Default Owner, whether or not such enforcement results in suit being commenced or prosecuted to
judgment. In addition, in any action under this Declaration and/or action to enforce a lien under this
Declaration, the prevailing party shall be entitled to recover that party's reasonable costs and attorneys' fees
from the other party.
10.2. The failure of the Association, Declarant, any Owner, or any of their respective duly authorized agents
to: (1) insist in any one or more instances upon the strict performance of or compliance with this Declaration
or the Governing Documents; (2) exercise any right or option contained in this Declaration or the Governing
Documents; or (3) serve notice or institute any action or summary proceeding shall not be construed as a
waiver or relinquishment of such right for the future. Such enforcement right shall continue and remain in
full force and effect. No waiver of any provision of this Declaration or the Governing Documents shall be
deemed to have been made, either expressly or impliedly, unless such waiver shall be in writing and signed
pursuant to a resolution of the Board. The receipt by the Association of payment of any assessment with
DECLARATION OF COVENANTS – PAGE 13 OF 14
knowledge of any breach of any covenant in this Declaration or the Governing Documents shall not be
deemed a waiver of such breach.
ARTICLE 11 - GENERAL
11.1. If any provision of this Declaration is held unenforceable, the remaining provisions of this Declaration
shall be unaffected thereby and shall remain in full force and effect. This Declaration shall be construed
under the laws of the State of Washington. As used in this Declaration, each pronoun shall include every
other pronoun and the plural shall include the singular, and vice versa, all as the context requires. The
headings of the various provisions of this Declaration are for reference only and may not be used to interpret
the meaning of any provisions of this Declaration.
11.2. In order to ensure that the Property will be adequately administered in the initial phases of
development and to ensure the orderly transition of operations, until termination of the Declarant Control
Period, this Declaration may be amended at Declarant's sole discretion by an instrument signed by
Declarant. Any such amendment shall be notarized and recorded in the records of King County,
Washington. At such time as Declarant ceases to have an interest in the Property either as an owner or as a
secured lender, then Declarant shall no longer have any authorization to amend this Declaration, and it
instead may be amended only by an instrument signed by more than fifty percent (50%) of the owners of
Lots within the Property. Any such amendment shall be notarized and recorded in the records of King
County, Washington.
11.3. In case of any conflict between this Declaration and any provisions on the Subdivision, this
Declaration shall control.
ARTICLE 12 - NO MERGER
12.1. It is the intent of Declarant that the covenants, conditions, restrictions, and easements, and other
provisions of this Declaration shall be fully applicable to the Lots and shall not be merged with fee title to
any of the Lots notwithstanding that the fee title to some or all of the Lots may now or in the future be held
by the same person(s) or entity.
IN WITNESS WHEREOF, the parties hereto have executed this agreement on this _____ day of January,
2023.
OWNER(S):
APEX ENTERPRISES GROUP, LLC
_______________________________
By: Andy Chang, Member
STATE OF WASHINGTON )
) ss:
COUNTY OF PIERCE )
On this _____ day of January, 2023, before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared Andy Chang, to
me known to be the Member of APEX ENTERPRISES GROUP, LLC, the limited liability
company that executed the foregoing instrument, and acknowledged the said instrument to be the
DECLARATION OF COVENANTS – PAGE 14 OF 14
free and voluntary act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
_______________________________________
Printed Name: ___________________________
NOTARY PUBLIC in and for the State of
Washington, residing at _________________.
My Commission Expires: _______________.
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