HomeMy WebLinkAbout8. Draft Legal Documents - Cedarcroft CCRs DRAFT 5 24 17AFTER RECORDING MAIL TO
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR
CEDARCROFT, A SUBDIVISION
Grantor/Declarant: Toll WA LP
Grantee: Cedarcroft, a subdivision; Cedarcroft Homeowners Association
Abbr. Legal Description:
[Full Legal Description on Exhibit A]
Tax Account Nos:
Docs Modified: N/A
DECLARATION OF COVENANTS, CONDITIONS, RESTRICTIONS AND RESERVATIONS
FOR CEDARCROFT, A SUBDIVISION
Toll WA LP, a Washington limited partnership, hereinafter referred to as “Declarant”, makes this Declaration as of the day of , 2017.
SUBMISSION OF THE PROPERTY TO THIS DECLARATION
A. Declarant is the owner of the real property and improvements located within the City of Renton, County of King, State of Washington, commonly known as “Cedarcroft” more particularly
described in Exhibit A attached hereto and incorporated herein.
B. An owners’ association for Cedarcroft will provide for the maintenance, preservation and architectural control of the Lots and the Tracts (as defined herein) within the Property as
more fully described herein.
C. The Declarant hereby submits the Property described in Exhibit A to this Declaration of Covenants, Conditions, Restrictions and Reservations (“Declaration” or “CC&Rs”). These CC&Rs
are intended to create a comprehensive system of development, architectural controls, administration and maintenance for the Property to enhance the value and attractiveness of the
Property, and to protect and benefit the interests of the Owners of the Property. This Declaration shall run with the land and bind Declarant, its successors and assigns, all subsequent
owners of the Property or any part thereof as provided herein, together with their grantees, successors, heirs, executors, administrators, devisees and assigns. Any conveyance, transfer,
sale, assignment, lease or sublease of any real property interest in any portion of the Property subject to this Declaration, shall and hereby is deemed to incorporate by reference
all provisions of this Declaration.
DEFINITIONS
Definitions. For the purposes of this Declaration and any amendments hereto, the following definitions shall apply.
“Architectural Control Committee” or “ACC” shall mean the Board, as defined below or a committee by that name designated by the Board.
“Articles” shall mean the Articles of Incorporation of the Association.
“Assessments” shall mean all sums chargeable by the Association against a Lot as provided in this Declaration, including, without limitation: (a) General and Special Assessments for
maintenance, repair or replacement of Common Area, Association Maintained Areas and any other property of the Association; (b) Specific Assessments against a Lot; (c) fines imposed
by the
Association; (d) interest and late charges on any delinquent account; and (e) costs of collection, including reasonable attorneys’ fees, incurred by the Association in connection with
the collection of a delinquent Owner’s account.
“Association” and “HOA” shall mean the Cedarcroft Homeowners Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns.
“Association Maintained Area” shall mean those facilities, improvements and portions of the Property that the Association is obligated to maintain. The Association Maintained Area includes
the property and improvements described in Section 2.4 of this Declaration (including the Common Area as defined in Section 2.1).
“Board” shall mean and refer to the Board of Directors of the Association, as provided for in Article 3, and any board, group or entity of the successor or assign to the Association
serving in a comparable capacity to the Board of Directors.
“Bylaws” shall mean the bylaws of the Association as they may from time to time be amended.
“Class A Members” shall mean all Owners other than the Declarant when the Declarant is the Class B Member. If the Declarant is no longer the Class B Member, then it shall mean all
Owners, including Declarant.
“Class B Member” shall mean the Declarant.
“Class B Control Period” and “Control Period” shall mean the period of time during which the Class B Member is entitled to appoint the members of the Board. The Class B Control Period
shall terminate on the first to occur of the following:
(a) when 75% of the total number of Lots on the property described in Exhibit "A", and Exhibit "B" (if subjected to this Declaration as provided herein) have certificates of occupancy
issued thereon and have been conveyed to Class "A" Members other than builders;
(b) January 1, 2025; or
(c) when, in its discretion, the Class B Member so determines.
“City” shall mean the City of Renton, in the County of King, State of Washington.
“Common Area” shall mean all real property and improvements thereon from time to time owned or leased by the Association for the common use and enjoyment of all of the
Members. The Common Area may (but need not) include common areas, tot lots, recreational facilities, parks and other open space, lakes, streams, utility facilities, private streets not
dedicated to the City of Renton or the State of Washington, trail systems and fencing on Common Areas. The Common Area includes the property and improvements described in Section
2.1 of this Declaration.
“Declarant” shall mean Toll WA LP, a Washington limited partnership. No successor and assignee of the Declarant shall have any rights or obligations of the Declarant hereunder unless
such rights and obligations are specifically assigned to such party by written instrument designating the party as Declarant hereunder or which pass by operation of law.
“Declaration” shall mean this Declaration of Covenants, Conditions, Restrictions and Reservations, as it may be amended from time to time or supplemented in the manner provided herein.
“Entry Monument” shall mean any entry monument, sign, landscaping, lighting and other improvements that are installed by the Declarant or Association to mark an entry to the community.
“Fire Lanes” shall mean any areas within any public right-of-way, easement or on private property that is for the use, travel and parking of fire trucks and other firefighting or emergency
equipment, whether or not posted as such. Parking is not allowed on Fire Lanes.
“HOA” and “Association” shall mean the Cedarcroft Homeowners Association, a Washington non-profit corporation, as described more fully in Article 3 and its successors and assigns.
“Home” shall mean a physical structure located on a Lot that is designed and intended for use and occupancy as a dwelling.
“Landscape Easement” shall mean that 3.5 foot easement over Lots 1-8 as depicted on the Plat benefitting the HOA. The HOA is responsible for maintenance of landscaping within the Easement.
“Lot” shall mean and refer to any of the 27 Lots shown on the Plat. Ownership of a Lot shall include ownership of the Home and other improvements now or hereafter constructed on the
Lot.
“Member(s)” shall mean the Class A Members and the Class B Member.
“Mortgage” shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
“Mortgagee” shall mean the beneficial owner or the designee of the beneficial owner, of an encumbrance on a Lot or Tract created by a Mortgage and shall also mean the vendor, or the
designee of vendor, of a real estate contract for the sale of a Lot or Tract. For the purpose of determining the percentage of first Mortgagees approving a proposed decision or course
of action, a Mortgagee shall be deemed a separate Mortgagee for each Lot and/or Tract on which it holds a Mortgage which constitutes a first lien on said Lot and/or Tract. When exercising
any voting rights of a Mortgagee hereunder, the Mortgagee shall have the same voting rights as the owner of the Lot subject to such Mortgage.
“Notice and Opportunity to be Heard” shall mean the procedure wherein the Board shall give written notice of the proposed action to all Owners, tenants or occupants of Homes whose interest
would be significantly affected by the proposed action. The notice shall include a general statement of the proposed action and the date, time and place of the hearing, which shall
be not less than five days from the date notice is delivered by the Board. At the hearing, the affected person shall have the right, personally or by a representative, to give testimony
orally, in writing or both (as specified in the notice), subject to reasonable rules of procedure established by the Board to assure a prompt and orderly resolution of the issues.
Such evidence shall be considered in making the decision but shall not bind the Board. The affected person shall be notified of the decision in the same manner in which notice of the
meeting was given.
“Owner” shall mean the owner of record, whether one or more persons or entities, of any Lot which is part of the Property and, except as may be otherwise expressly provided herein,
shall, in the case of a Lot which has been sold pursuant to a real estate contract, include any person of record holding a vendee’s interest under such real estate contract, to the
exclusion of the vendor thereunder. Owner does not mean any party holding an interest merely as security for the performance of an obligation.
“Person” shall include natural persons, partnerships, corporations, associations and personal representatives.
“Plat” shall mean the plat for Cedarcroft which depicts the layout of the Lots and Tracts on the Property. The Plat for the Property was recorded at Volume of Plats, at pages
through under Recorder’s File No. records of King County, Washington.
“Private Storm Drainage Easement” shall mean those drainage easements located on certain Lots, as set out on the Plat, that benefit other Lots, as set out in the Plat.
“Property” shall mean the real property described on Exhibit A attached hereto.
“Public Stormwater Facilities” shall mean the stormwater pond and other stormwater facilities located within Tracts B and C which facilities are owned and maintained by the City of
Renton.
“Public Trail Easement” shall mean that public trail easement located in Tract C of the plat which is maintained by the City of Renton.
“Public Utility Easement” shall mean those easements within the Property created on the Plat for utility installation and maintenance, including but not limited to power, telecommunications,
cable television, water, sanitary sewer, natural gas, storm drainage and accessory equipment, together with the right to enter upon the Lots and Tracts for said purposes.
“Street Trees” shall mean the street trees located within the 160th Court SE public right-of-way and on Lots 17-20 adjacent to the public alley which are maintained by the Association.
“Street Lighting” shall mean the lighting for streets within the Property.
“Structure” shall mean any thing or object the placement of which upon any Lot may affect its appearance, including, without limitation, any building, garage, porch, shed, greenhouse,
patio, deck, swimming pool, play structure, curbing, paving, tree house, fence, wall, rockery, hedge, sign, statue, antenna, dish or other receiving device, or the like, and any excavation,
fill, ditch, dam, or other thing or device that affects or alters the natural flow of surface waters or any natural or artificial stream or drainage channel upon or across any Lot or
Tract.
“Tract” shall mean and refer to Tracts B and C as shown on the Plat and any improvements thereon. Tracts B and C are owned by the Association. Tract A as shown on the Plat was conveyed
to the owner of the adjacent parcel upon recording of the Plat and is not part of the Association.
“Yard Landscaping” shall mean landscaping installed by Declarant or installed by Owner on a Lot, including trees, grass, shrubs and other plantings, and includes the Street Trees located
on Lots.
COMMON AREA/ASSOCIATION MAINTENANCE/ EASEMENTS
Description of Common Area. The Common Area as shown on the Plat is comprised of the following:
Tract B – Storm Drainage Tract
Tract C – Tree Protection and Retention Tract (subject to Public Trail Easement)
Tract A was conveyed to the owner of Parcel 2323059156 upon recording of the Plat and is not part of the Association.
Dedication of Common Area. The Declarant, by recording the Plat, dedicated and conveyed the Common Area (without warranty) to the Association. In the event
that the Association is ever dissolved, then each Lot in the Plat shall include an equal and undivided interest in Tracts B and C previously owned by the Association and have the attendant
obligation to maintain Tracts B and C, with the exception of the Public Stormwater Facilities which are owned and maintained by the City of Renton.
Use of Common Area. Each Owner shall have the right to use the Common Area in common with all other Owners, subject to the terms and conditions of this Declaration, the Plat, including
easement rights of Owners, the Bylaws, any rules and regulations adopted by the Association, and the following:
The Association may regulate, restrict or bar use of portions of the Common Area where ordinary use could be dangerous, unreasonably increase Association costs, be detrimental to the
environment, be inconsistent with development conditions, government regulations or easement rights affecting the Property, or be inconsistent with its designation as open space or
a sensitive area tract on the Plat.
The Association shall have the right to dedicate or transfer all or any portion of the Common Area, including easements thereon, to any public agency, authority, or utility for such
purposes and subject to such conditions as may be agreed to by the Members. Except as dedicated or transferred herein, no dedication or transfer shall be effective unless two-thirds
of each class of Members vote or consent in writing to such dedication or transfer. The instrument dedicating or transferring all or any portion of the Common Area shall be duly executed
by the president and secretary or other officer of the Association who shall certify that the requisite vote or consent has been obtained.
Association Maintained Area. The Association Maintained Area is comprised of the following areas, facilities and improvements:
The Common Area, including any irrigation system serving any portion of the Common Area
Any Entry Monuments and other Association Signage and associated landscaping
The Association Maintained Area also includes any other areas, facilities, improvements or property acquired by the Association or for which the Association has, or assumes, responsibility
pursuant to the Declaration or any covenants, contracts or agreements.
Association Maintenance Responsibilities. The Association shall have full responsibility for the maintenance, repair, replacement and improvement of the Association Maintained Area
and any private utility facilities therein. All such areas and facilities shall be reasonably maintained for their intended use, subject to applicable governmental restrictions. The
costs of maintaining the Association Maintained Area shall be assessed to Lots as set forth in Sections 7.4, 7.7 and Exhibit C.
Delegation of Use. Any Owner may delegate, in accordance with such rules and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common Area
to family members, guests and tenants of such Owner. Each Owner shall be responsible for informing such Owner’s family members, guests, tenants 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 the use and enjoyment of the Common Area. Each Owner shall be
personally liable for any damage to any Common Area or any other area maintained by the Association or to any other property of the Association, whether real or personal, caused by
the Owner or the Owner’s family member, guest, tenant, agent, workman, contractor or other licensee or invitee. The Association may have a lien upon the Owner’s Lot for the amount
of such damages as determined by the Board after Notice and Opportunity to be Heard.
Public Utility Easements. The Plat creates various easements within the Property for public utility installation and maintenance, including but not limited to, power, telecommunications,
cable television, water, sanitary sewer, natural gas, storm drainage, and accessory equipment, together with the right to enter upon the Property at all times for said purposes (“Public
Utility Easement”). Within these Public Utility Easements, no structure, planting, or other material shall be placed or permitted to remain that may damage or interfere with the installation,
maintenance and use of utilities. Each Owner must continuously maintain any such easement area located within their Lot. All utility facilities within such Public Utility Easements
that serve only one Home shall be maintained by that Home’s Owner, except for those improvements for which a public authority or utility company or the Association is responsible.
Private Storm Drainage Easements. The Plat creates a private storm drainage easement over various Lots that benefit other Lots. The maintenance of the shared facilities within those
private storm drainage easements shall be the responsibility of the Lots benefiting from the storm drainage facilities therein on an equal basis. The maintenance of any portion of
the drainage facilities used by only one Lot shall be the sole responsibility of the Owner of that Lot. See Easement Provisions 3-10 on Exhibit B attached hereto and incorporated herein.
Signage Easement. Declarant hereby creates, for the benefit of the Association, a perpetual easement on, under, over and across the exterior ten feet parallel with and abutting all public
rights of way and all private streets, alleys and drives in which to install and maintain street signs, directional signs, no parking signs, other types of signs, address columns and
entry monuments.
Association Functions Easement. There is hereby reserved to Declarant and the Association or their duly authorized agents and representatives such easements as are necessary to perform
the duties and obligations of the Association as are set forth in the Declaration, or in the Bylaws, and rules and regulations adopted by the Association.
Easement for Entry by Security Patrol. If the Board contracts for security patrol service, said service, and its employees, shall in have the right to enter onto any of the Lots,
and the Common Area in order to carry out their duties under such security patrol agreement; provided, however, that, said patrol service can enter a Lot only if it is either (i) doing
so with reasonable cause of imminent danger; or (ii) acting with the consent of the Owner or tenant of such Lot.
Easement for Development Activity. Declarant and its employees, agents, and designees shall have a right of access and use and an easement over and upon all of the Common Area for the
purpose of making, constructing and installing improvements to the Common Area as it.
HOMEOWNERS ASSOCIATION
Establishment. An association called the Cedarcroft Homeowners Association (the “Association”) shall serve as a homeowners association for all Homes in the community.
Form of Association. The Association is a nonprofit corporation formed and operated under the laws of the State of Washington.
Articles and Bylaws. Declarant has or will adopt Articles of Incorporation for the Association and has or will propose the adoption of initial Bylaws to supplement this Declaration
and to provide for the administration of the Association and the Property and for other purposes not inconsistent with this Declaration. In the event of any conflict between this
Declaration and the Articles of Incorporation, the provisions of this Declaration shall prevail. The Bylaws provide for the administration of the Association and the Property, and
are intended to further the intent of this Declaration. In the event of any conflict between this Declaration and any Bylaws, the provisions of this Declaration shall prevail.
Board of Directors. The Association shall be managed by a Board of Directors. The Directors shall be elected or appointed as set forth in the Articles of Incorporation and Bylaws of
the Association. A majority of the Directors elected by the Class A Members must be members of the Association. The Directors appointed by the Class B Member need not be members of
the Association.
Membership and Voting Rights. The Association shall have two classes of voting membership:
Each Owner, except the Declarant when the Declarant is the Class B Member, will be Class A Members. Each Class A Member will be entitled to one vote for each Lot owned, whether improved
or not. When more than one Person holds an interest in any Lot, all such Persons shall be members. The vote for each such Lot shall be exercised as the joint owners may decide among
themselves, but in no event shall more than one vote be cast with respect to any one Lot.
The Declarant will initially be the Class B member. The Class B Member will be entitled to three votes for each Lot it owns. The Class B class of membership shall cease upon the occurrence
of the earlier of the following events: (i) upon termination of the Class B Control Period; or (ii) when the Declarant determines, in a recorded instrument. At that time, the Class
B Membership will convert to Class A membership for each Lot still owned by Declarant.
Transfer of Membership. The membership in the Association of each Owner (including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be transferred
in any way except upon the transfer of title to the Lot and then only to the transferee of title to the Lot. Any attempt to make a prohibited transfer shall be void. Any transfer
of title to a Lot shall operate automatically to transfer the membership in the Association to the new Owner.
Books and Records. The Board shall cause to be kept complete, detailed, and accurate books and records of the receipts and expenditures of the Association, in a form that complies with
generally accepted accounting principles.
Inspection of Association Documents, Books and Records. The Association shall make available to Owners, Mortgagees, prospective purchasers and their prospective mortgagees, and the
agents or attorneys of any of them, current copies of this Declaration, the Articles, the Bylaws, and other rules, books, records, and financial statements of the Association, and the
most recent annual audited financial statement, if one is prepared. “Available” shall mean available for inspection upon request, during normal business hours or under other reasonable
circumstances. The Association may require the requesting party to pay a reasonable charge to pay the cost of making the copies.
Financial Statements. At least annually, the Association shall prepare, or cause to be prepared at the expense of the Association, a financial statement of the Association.
Audit of Financial Statements. If the annual Assessments are fifty thousand dollars ($50,000) or more, the financial statements shall be audited at least annually by an independent certified
public accountant unless the audit is waived by sixty-seven percent (67%) of the votes cast by the Members, in person or by proxy, at a meeting of the Association at which a quorum,
as defined by the Bylaws of the Association, is present. For each year the Members desire to waive the audit, the Members must vote to waive the audit in accordance with this section.
In addition, the Board or a majority of the Owners may at any time require an audit prepared by an independent certified public accountant which shall be paid for by the Association.
MANAGEMENT OF THE ASSOCIATION
Administration of the Property. The administration of the Property shall be in accordance with the provisions of this Declaration and the Bylaws of the Association which are made a
part hereof. Administrative power and authority shall be vested in the Board.
Authority and Duties of the Board. On behalf of and acting for the Association, the Board, for the benefit of the Property and the Members, shall have all powers and authority permitted
to the Board under this Declaration including, but not limited to, the following:
Levy, collect, and enforce the collection of Assessments, as more particularly set forth in Article 7 hereof, to defray expenses attributable to carrying out the duties and functions
of the Association hereunder.
Require any officer or employee of the Association handling or responsible for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the Association.
Enter into agreements with one or more qualified persons to provide for the maintenance and repair of the Common Area and the Association Maintained Areas, the collection of Assessments,
the sending of all required notices to Owners, the operation of Association meetings and other regular activities of the Association.
Contract and pay for any materials, supplies, labor or services which the Board should determine are necessary or proper for carrying out its powers and duties under this Declaration,
including legal, accounting, management, security patrol or other services; however, if any materials, supplies, labor or services are provided for particular Lots or their Owners,
the cost thereof shall be specially charged to the Owners of such Lots. The Board may pay the Declarant a reasonable fee for any services it performs on behalf of the Association.
Pay for water and power for irrigation of the Common Area and Association Maintained Areas.
All checks, drafts, or orders for the payment of money, notes, or other evidences of indebtedness in the name of the Association shall be signed by such officer or officers, agent or
agents of the Association and in such manner as determined by the Board.
Tree Trimming, Maintenance and Removal. The Board may require, at the Owner’s expense, the trimming or, if deemed necessary by the Board, removal of any tree, hedge or shrub on the Owner’s
Lot that it determines (i) is interfering with the view or access to sunlight of any Common Area, (ii) is interfering with pedestrian travel on sidewalks or walking paths in the community,
or (iii) is interfering with safe automobile travel in the community, provided that no tree may be removed unless any necessary permits are obtained from the City of Renton. If an
Owner wishes to remove any tree that is part of the Yard Landscaping (which does not include Street Trees) that is eight inches or greater in diameter at breast height, the Board must
approve the removal of the trees. The Board may require the report of an arborist attesting that a tree is unhealthy or that it presents a hazard to person or property. All requests
must be submitted for approval to the Board in duplicate at least 30 days prior to the proposed removal date. In the event the Board fails to approve or disapprove such removal within
30 days after the request has been submitted to it, the Board approval will be deemed to have given. In the event of an emergency, notice should be given to the Board as soon as practicable
and the Board shall provide a prompt response. The Board may delegate some of these obligations to the ACC (as defined in Article 5), provided that the Board shall make the final decision
to allow the removal of any Tree. Street Trees shall be maintained by the Association and no Owner may remove a Street Tree. The Board must approve the removal of a Street Tree by
the Association. In addition, no Street Tree or tree on any Lot may be removed without complying with City of Bothell tree removal permit requirements and any replacement obligations
Adoption of Rules and Regulations. When and to the extent it deems advisable, the Board may adopt reasonable rules and regulations governing the maintenance and use of the Common Area,
the Association Maintained Area, and the Property and other matters of mutual concern to the Members, which rules and regulations are not inconsistent with this Declaration and the
Bylaws and which treat all Members fairly and in a non-discriminatory manner.
Additional Powers of the Association. In addition to the duties and powers of the Association, as specified herein and elsewhere in this Declaration, but subject to the provisions of
this Declaration, the Association, acting through its Board, shall have the power to do all other things which may be deemed reasonably necessary to carry out its duties and the purpose
of this Declaration.
ARCHITECTURAL CONTROL
Construction and Exterior Alterations or Repairs.
Any Structures to be constructed, erected, placed or altered within the Property and any changes to the exterior appearance of any such Structure, must be reviewed and approved by the
Board, acting as an Architectural Control Committee (“ACC”), or an ACC appointed by the Board pursuant to Section 5.1.2. Any enclosure or cover used in connection with such a Structure
or equipment or otherwise, whether temporary, collapsible or seasonal, shall be treated as a permanent Structure for purposes of these covenants, and shall be subject to all the conditions,
restrictions, and requirements as set forth herein for all Structures. Nevertheless, Owners are not required to obtain Board or ACC approval for alterations solely to the interior
of any Home or for flower boxes or planters, ordinary landscaping, seasonal plantings or adornments, and normal maintenance (unless re-roofing or re-siding with different materials
or otherwise altering the materials, colors or design of the exterior of the original Home or any
ACC approved changes). Until the expiration of the Class B Control Period, Declarant shall act as the ACC. Complete plans and specifications of all proposed Structures or exterior
alterations and repairs, together with detailed plans showing the proposed location of the same on the particular building site and other data requested by the ACC must be submitted
before construction, alteration or repair is begun. Construction, alteration or repair shall not be started until written approval thereof is given by the ACC.
The Board may appoint an ACC to review plans and specifications as required by this Article 5. The ACC may include Board members and/or Owners. It shall be composed of three or more
representatives. All plans and specifications submitted for approval by the ACC must be submitted in duplicate at least 30 days prior to the proposed construction or exterior alteration
or repair starting date. In the event the ACC fails to approve or disapprove such design and location within 30 days after said plans and specifications have been submitted to it,
approval will be deemed to have been given, subject to the provisions of Subsection 5.1.3 and 5.1.8.
The maximum height of any building shall be established as part of plan approval by the ACC and shall be given in writing together with the approval. If the ACC has failed to disapprove
such design and location within the 30 day limit, and such design and location is thereby deemed approved, the maximum height of any building shall be no greater than is allowed under
applicable zoning, land use and building codes.
The ACC may require that all plans or specifications for alterations of a Home or other significant Structure be prepared by an architect or a competent designer approved by the ACC.
One complete set of the plans and specifications shall in each case be delivered to and permanently left with the ACC.
The submittal will be reviewed as to the quality of workmanship and materials planned and for conformity and harmony of the exterior design with proposed or existing Structures on the
Lot, with respect to topography, finish grade elevation, building setback restrictions, compliance with the Plat, and any duly adopted architectural guidelines. The effect or impairment
that such Structure or alteration will have on the view or outlook of surrounding Lots may also be considered as well as any and all other factors which, in the ACC’s opinion, shall
affect the desirability or suitability of such proposed Structure, improvement, or exterior alteration or repair. The ACC shall have the right to refuse to approve any design, plan
or color for such improvement, construction, exterior alteration or repair which is not suitable or desirable, in its opinion, and such refusal may be based entirely on aesthetic or
other factors.
Neither Declarant (including any successor in interest to Declarant’s status as Declarant) nor any activities of Declarant shall be subject to the restrictions of this Article 5 as to
any property owned by Declarant.
By majority vote, the Board may adopt or amend architectural guidelines consistent with this Declaration for making its determinations hereunder. The Board may delegate such task to
the ACC.
Every Owner must obtain necessary permits before performing structural work on their Home.
No Structure shall be erected, altered, placed or permitted to remain on any Lot or Tract unless the Structure complies with the Plat, this Declaration and with applicable building codes
and other applicable requirements. The Owner may be required to furnish the ACC with evidence that all necessary permits have been obtained from the City for any work for which approval
is required under this Section prior to commencement of the work or at any time thereafter.
Declarant Facilities. Notwithstanding any provision in this Declaration to the contrary, Declarant and its agents, employees and contractors shall be permitted to maintain, during the
period of sale of Lots, Tracts, and Homes, upon such portion of the Property (other than those sold by Declarant) as Declarant may choose, such facilities as in the sole opinion of
the Declarant may be reasonably required, convenient or incidental to the construction, sale or rental of Lots, Tracts, and Homes, including but not limited to a business office, storage
area, signs, banners, model units, sales office, construction office and parking areas for all prospective tenants or purchasers of Declarant.
MAINTENANCE OBLIGATIONS OF OWNERS/ USE RESTRICTIONS/ EASEMENTS
Home and Yard Maintenance. Except for such maintenance and repairs which are to be performed by the Association pursuant to the provisions of this Declaration, the Owner of each Lot,
at said Owner’s cost and expense, shall promptly and continuously maintain, repair, replace and restore the Owner’s Lot and all Structures and other improvements and the Yard Landscaping
within the Owner’s Lot in a good, clean, attractive, safe and sanitary condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules and
regulations of the Association. If any such Owner fails to maintain, repair, replace or restore the Owner’s Home, Structures, and other exterior improvements and Yard Landscaping located
within the Lot, the Association may, after Notice and Opportunity to be Heard, at the Owner’s cost and expense, maintain, repair, replace or restore such items or areas and the Owner
shall pay or reimburse the Association on demand for all such costs and expenses. Each Owner is responsible for irrigation for the Yard Landscaping. All trees, hedges, shrubs, and
flowers shall be kept in an attractive, neat, trimmed and pruned condition.
Restrictions on Storage; Use of Garage. No Owner may store or allow any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles, motorcycles, or trucks over
two tons (except those used by Declarant in connection with the development of the Property or construction of Lots, Tracts or Homes) or any disabled or inoperable motor vehicle on
the Property unless any such vehicle is completely enclosed and hidden from view within a garage or within such other enclosure as may be approved in advance by the ACC. Garages must
be used for the primary purpose of parking vehicles. Owners may not use garages for storage or other purposes in a way that interferes with the daily use of the garage for parking vehicles
provided that this restriction shall not apply for the first 90 days after a new Owner moves into a Home. Motor homes, trailers, campers, boats and other recreational vehicles may
not be kept in driveways or parking spaces except on a temporary basis for loading or unloading, subject to such rules and regulations concerning parking as may be adopted by the Board.
No in-operative vehicle of any type may remain in any driveway or public road for more than 72 hours. Violations of this Section shall subject such vehicles to impound, at the expense
and risk of the owner thereof. The Association may adopt rules and regulations to implement these restrictions and provide guidance to Owners.
Roads, Sidewalks and Fire Lanes. The public roads, alleys and sidewalks located in Cedarcroft may be used only for normal access, ingress and egress, and no obstructions shall be placed
thereon. There shall be no parking in the public alley and any other area which is designated as “No Parking”. The purpose of these restrictions is to provide adequate road width
for the access of fire and other emergency vehicles (a “Fire Lane”). The obstruction of a Fire Lane by a parked vehicle or any other object is prohibited, shall constitute a traffic
hazard as defined in state law and an immediate hazard to life and property. Parking is also not allowed on the sidewalks or planter strips.
Residential Use and Home Occupations.
6.4.1 Residential Uses. Any and all Structures may be used only for (i) residential purposes, including sleeping, eating, food preparation for on-site consumption by occupants and
guests, entertaining by occupants or personal guests, and similar activities commonly conducted within a residential dwelling (without regard to whether the Owner or occupant uses the
Home as a primary or secondary personal residence, on an ownership, rental, lease or invitee basis) or such other reasonable ancillary purposes commonly associated with residential
dwellings and otherwise in compliance with this Declaration and all applicable laws for residential dwellings; or (ii) use as a home office or (iii) use for a home business that does
not create safety, traffic or parking problems, obtrusive noise, or otherwise violate this Declaration; (iv) the common social, recreational or other reasonable uses of the Community;
(v) purposes of operating the Association and managing the Property, or (vi) the business of the Declarant in developing and selling Lots, Tracts and Homes.
No Nuisances. No noxious or offensive conditions shall be permitted upon any Lot or improvement thereon, nor shall anything be done thereon which is or may become an annoyance or nuisance
to other occupants on the Property.
Restriction on Further Subdivision. No Lot, or any portion of a Lot, shall be divided and sold or resold, or ownership changed or transferred whereby the ownership of any
portion of the Property shall be less than the area required for the use district in which the Property is located; provided, the foregoing shall not prohibit deeds of correction, deeds
to resolve boundary disputes and similar corrective instruments.
Garbage and Trash Removal. No Lot, Common Area or other portion of the Property may be used as a dumping ground for rubbish, trash, garbage, litter, junk and other debris. All garbage,
trash and yard waste must be placed in appropriate sanitary containers for regular disposal or recycling. Each Owner shall be responsible for the prompt and regular disposal of all
of garbage, trash, junk and yard waste. Containers for garbage, trash and yard waste may be placed in public view only on the designated collection day.
Animal Restrictions. With the exception of domesticated dogs, cats and other usual household pets (hereinafter referred to as “pets”), no insects, reptiles, poultry or animals of any
kind shall be raised, bred or kept in or on any Home, Lot or on any Common Area. The Board may adopt reasonable rules and regulations for the keeping of pets. All pets when outside
a Home shall be kept on an adequate leash or otherwise prevented from leaving the Lot by a person capable of controlling the pet at all times, or by fencing or a suitable invisible
electronic confinement system not dangerous to humans. Owners shall not allow pet waste to be left on any Lot or on any portion of the Property. Owners shall be responsible for assuring
that their dogs do not bark continuously. Any Owner whose pet violates these provisions or who causes any unreasonable noise or damage to persons or property shall be liable to all
such harmed Owners and their families, guests, and invitees. The Board may, after Notice and Opportunity to be Heard, require the removal of any pet which the Board finds is disturbing
other Owners unreasonably, and may exercise this authority for specific pets even though other pets are permitted to remain.
Signs. No signs shall be displayed to public view on any Lot except (i) one professionally created sign of not more than one square foot displaying the property address and/or resident’s
name; (ii) one sign of not more than five square feet advertising the Home for sale or rent by anyone other than the Declarant or other home builder; (iii) signs of any size or similar
display used by Declarant or other home builders to advertise Lots, Tracts, or Homes for sale so long as they own a Lot within Cedarcroft; (iv) political yard signs displayed prior
to any primary or general election which must be removed within ten (10) days after such election, or (v) any permanent entry monument signs, and fire lane, road and directional signs
for Cedarcroft. The Association may adopt reasonable rules and regulations concerning the placement and manner of display of political yard signs.
6.9.1 The Declarant may, in its sole discretion, construct signage at the entrance to the Plat which identifies it and includes a notation indicating that it was developed “by Toll Brothers”
(or some similar reference to Declarant or any entity affiliated with Declarant), including the use of any particular logos and/or trademarks utilized by Declarant, and convey such
signage to the Association along with a non exclusive license to use the logos and/or trademarks depicted on the signage (but only for purposes of maintaining such logos/trademarks
in the manner depicted on the signage at the time of conveyance and for no other purpose), such
license being revocable by Declarant at any time. If the license is revoked, all references to Toll Brothers shall be removed from the signage at the request of Declarant.
Renting and Leasing.
Short term rentals, including vacation rentals, are prohibited. No Board approval is required for Owners who lease or rent their entire Home for a term of 30 days or more. Other rentals
(except those made by lenders in possession following a default in a first Mortgage, a foreclosure proceeding, or any deed of trust sale or other arrangement in lieu of a foreclosure)
require Board approval unless the Board adopts a different rental policy or rule for rentals of less than all of a Home or for a period shorter than 30 days. All leasing and rental
agreements shall be in writing and be subject to this Declaration, the Articles and Bylaws, with a default of the tenant in complying with this Declaration, the Articles or Bylaws constituting
a default under such lease or rental agreement. Notwithstanding the foregoing.
If a Home is rented by its Owner, the Board may collect, and the tenant or lessee shall pay over to the Board, so much of the rent for such Home as is required to pay any amounts due
the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The renter or lessee shall not have the right to contest payment over to the Board,
and such payment will discharge the lessee’s or renter’s duty of payment to the Owner for rent to the extent such rent is paid to the Association, but will not discharge the liability
of the Owner (and the Lot under this Declaration for assessments and charges) or operate as an approval of the lease. The Board shall not exercise this power where a receiver has been
appointed with respect to the Lot or its Owner, or in derogation of any rights which a Mortgagee of such Lot may have with respect to such rents. Other than as stated in this Section,
there are no restrictions on the right of Owners to lease or otherwise rent their Home.
Temporary Residence. No mobile home or modular home shall be permitted on any Lot or Tract. No trailer, outbuilding, tent, shack, garage, shed or temporary building of any kind shall
be used as a residence either temporarily or permanently, except for trailers used by Declarant, builders, or contractors during the construction period.
Satellite Dishes and Antennae. In order to minimize the visibility of satellite dishes and antennae from other Homes and from the public streets, the Board may regulate the location,
size and color of, and may require screening of, any antenna, satellite dish or similar equipment to the maximum extent allowed under federal law. The Board may delegate this task
to the ACC.
Governmental Requirements. All Structures and other improvements must comply with applicable requirements of the Plat and with all applicable statutes, ordinances, regulations and government
requirements including, without limitation, zoning building and environmental regulations applicable to the Property. In the event of any conflict between any
provision of such governmental regulations and restrictions of this Declaration, the more restrictive provisions shall apply.
Use and Disposal of Hazardous Substances. All Owners shall comply with all state, federal and local laws and regulations governing or in any way relating to the handling, storage, use,
dumping, discharge or disposal of any hazardous substance or material. No Owner may dispose of or discharge any hazardous substance or materials on any Lot, Common Area, public street
or other portion of the Property.
Completion of Projects. Any Structures or improvements, including any repairs or replacement thereof, constructed on any Lot shall be completed as to external appearance, including
finish painting, within six months from the commencement of construction except for reasons beyond the control of the Owner, in which case a longer period may be permitted by the Board
or ACC. This period may be extended by the ACC due to inclement weather. This Section 6.15 does not apply to Declarant or Declarant’s activities.
Mailboxes. Each of the mailboxes and mailbox structures shall be placed in locations approved by the United States Postal Service. Owners may not damage or otherwise interfere with
a mailbox structure.
Outdoor Fires. Outdoor barbecues may be used on Lots when permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or soot accumulation from
fires shall not be allowed. No other outdoor fires shall be permitted on the Property, except for fires by Declarant or contractors for burning construction wastes where all necessary
government permits have been obtained.
Screened Service Areas. Unsightly items must be hidden from view within a Home or garage or within a fenced or screened area where they will not be seen from any Home or road. Unsightly
items shall include, but shall not be limited to, garbage and trash, clothes lines, bicycles, recreational gear, outdoor maintenance equipment, firewood and ladders. The design and
materials used for any fenced or screened area shall be consistent with the general appearance of the Home and must receive prior approval from the Board or ACC.
Damage and Repair of Property. Upon any Substantial Damage (as defined below) to any Home, the Owner shall promptly restore and Repair (as defined below) the Home to substantially the
same size and design as the original Home. The prior written consent or vote of the Board is required to rebuild in accordance with a plan that is different from the original plan
or as modified by alterations approved by the Board. As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board the estimated damage for
the Home exceeds ten percent of the full, fair market value of the Home before the damage occurred, as determined by the then current assessment for the purpose of real estate taxation.
For all restoration and repair less than Substantial Damage, the Owner must follow the procedures outlined in Article 5.
Driveway Maintenance Easements. Certain Lots may have driveways that abut or are close to the boundary line of the adjacent Lot. Declarant hereby creates an easement in favor of each
Lot that has any portion of a driveway within three feet of the boundary line of an adjacent Lot over the adjacent Lot. The easement shall be for the purpose of maintenance, repair
or replacement of the driveway on the benefited Lot and shall exist over and across that portion of the adjacent Lot that is reasonably necessary for such maintenance, repair or replacement.
The benefited Owner must repair any damage to the adjoining Lot and must restore the adjoining Lot to a condition similar to that immediately before use of the adjoining Lot.
Private Fence Easement. Declarant has or may construct certain rockeries, walls and fences between Homes on adjoining Lots. The intention of the Declarant is that each fence, wall
and rockery when constructed, shall be wholly on one Lot or another and not on the property line between adjoining Lots. Due to obstructions or topography, however, Declarant may not
have placed each fence, wall or rockery wholly within a Lot or immediately adjacent to the property line. Therefore, Declarant reserves an easement, one foot wide on each side of each
Lot boundary, for itself and for the Association and each subsequent Lot Owner for the placement of fences, walls and rockeries that have been installed by the Declarant for as long
as the wall or fence exists. Each Owner of such a fence shall have the right to maintain, repair and replace any portion of an encroaching fence, wall or rockery and shall have reasonable
access over the other Lot for such purposes. Except as set forth above, the Owner of a Lot upon which Declarant or Owner has installed a fence, wall or rockery shall be responsible
for its maintenance and if placed on a common boundary line between Lots, the Owners of Lots on each side of a fence, wall or rockery shall be jointly responsible to maintain them in
good condition to the standard required by Section 6.1 of this Declaration. Those Owners shall jointly make decisions concerning any modification, alteration, repair, replacement or
removal of the fence, wall or rockery subject to Board or ACC approval. Each Owner may, however, paint or stain its side of any fence located on a common boundary without the consent
of the other Owner. Neither the location of any fence, wall or rockery installed by Declarant within the easement area described herein, nor the conduct of an Owner in maintaining
the land between a fence, wall or rockery on an adjoining Lot or on the common property line shall be construed as modifying the common property line between the two Lots as set out
on the Plat. In the event an Owner installs a fence, rockery or wall wholly on Owners Lot after obtaining necessary Board or ACC and other approvals, that Owner shall be responsible
for maintaining, repairing and replacing all portions thereof and shall have reasonable access over the adjoining Lot for such purposes.
Limitation on Grading. The grading of any Lot is not to be changed by a Lot Owner in in any manner that will cause an adverse effect on adjacent Lots. Any earth disturbance, including
but not limited to the moving, depositing, stockpiling or storing of soil, rock or earth materials, made by any Lot Owner must be minimal and shall no event cause an adverse effect
on the adjacent lots, roads, stormwater conveyances, or erosion control measures.
ASSESSMENTS
Creation of the Lien and Personal Obligation of Assessments. Each Owner of a Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association any Assessment duly levied by the Association as provided in this Declaration. Such Assessments, together with interest, costs, late charges
and reasonable attorneys’ fees, shall also be a charge on the land and shall be a continuing lien upon the Lot against which each such assessment is made. Each such assessment, together
with interest, costs, late charges and reasonable attorneys’ fees, shall also be the personal obligation of the person who was the Owner of such Lot at the time when the assessment
fell due. The personal obligation for delinquent Assessments shall not pass to his successor title unless the lien for such delinquent Assessments had been properly recorded prior
to title transfer or unless expressly assumed by that party.
Liability for Assessments. Any Assessments which may be levied from time to time pursuant to the authority of the Board shall be established in accordance with this Article 7, except
for Assessments levied against an Owner for the purpose of paying or reimbursing the Association for costs incurred or to be incurred in connection with bringing an Owner’s property
into compliance with the provisions of this Declaration. The obligation to pay Assessments shall commence as to each Lot after the Board first determines a budget and levies Assessments,
and after the Lot is first conveyed to an Owner other than Declarant. The first annual general assessment levied on each Lot shall be adjusted according to the number of months remaining
in the fiscal year at the time assessments commence. No Owner may exempt himself or herself from liability for his Assessments by abandoning the Owner’s Lot. When ownership of a Lot
changes, Assessments payable in installments which have been established for the current fiscal year shall be prorated between the Buyer and Seller based on a 365 day year.
Association Budget. The initial Board shall prepare, or cause the preparation of, and adopt a budget for the Association. After termination of the Class B Control Period, the Board
shall adopt a budget annually, in accordance with generally accepted accounting principles. The budget shall set forth sums required by the Association, as estimated by the Board,
to meet its annual costs and expenses, including any contribution to reserves. Within thirty (30) days after adoption by the Board of any proposed budget of the Association, the Board
shall set a date for a meeting of the Members to consider ratification of the budget not less than fourteen (14) nor more than sixty (60) days after delivering a notice of the meeting
and a summary of the budget to the members of the Association. Unless a majority of members of the Association who are present at the meeting reject the budget, the budget is 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 members shall be continued
until such time as the members ratify a subsequent budget proposed by the Board.
Levy of General Assessment. In order to meet the costs and expenses projected in its operating budget, other than the costs set forth in Sections 7.7 and 7.8, the Board
may determine and levy a General Assessment equally against every Lot that is subject to assessment hereunder. In determining the General Assessment rate per Lot, the Board may consider
any assessment income expected to be generated from any additional Lots reasonably anticipated to become subject to assessment during the fiscal year.
Amount of General Assessment. The Board shall make reasonable efforts to determine the amount of the General Assessment payable by each Owner for an Assessment period at least 30 days
in advance of beginning of such period. Notice of the General Assessment shall thereupon be sent to each Owner subject to Assessment; provided, however, that failure to notify an Owner
of the amount of an Assessment shall not render such Assessment void or invalid. Any failure by the Board, before the expiration of any Assessment period, to fix the amount of the
General Assessment hereunder for the next period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a release of any Owner from the obligation
to pay the general assessment, or any installment thereof, for that or any subsequent assessment period.
Assessment Period. The General Assessment fixed for the preceding period shall continue until a new assessment is fixed. Upon any revision by the Board of the operating budget during
the Assessment period for which each budget was prepared, the Board shall, if necessary, revise the General Assessment levied against the Owners and give notice of the same in the same
manner as the initial levy of a general assessment for the assessment period.
Special Assessments. In addition to the General Assessments authorized by this Article, the Association may levy Special Assessments at any time against all Lot Owners, applicable to
that year only, for the purpose of covering unbudgeted expenses or expenses in excess of those budgeted; provided, however, that any such Assessment must have the prior favorable vote
of a majority of each class of Members. The amount of each Owner’s special assessment for any year shall be calculated like the General Assessment, except that the total Special Assessment
shall be substituted for the operating budget amount and shall be payable in one or more installments, as determined by the Board.
Specific Assessments. In addition, the Association may levy Specific Assessments against a particular Lot as follows: (i) the costs of the Association for the maintenance, repair or
reconstruction of any portion of the Association Maintained Area that is allocated to fewer than all the Lots as set forth in Exhibit C, and (ii) the costs incurred by the Association
to bring the Owner’s Lot into compliance with this Declaration or the other governing documents. Special assessments may be levied either before or after the work is done, in the discretion
of the Board.
Manner and Time of Payment. Assessments shall be payable in such reasonable manner as the Board shall designate. Any Assessment or installment thereof which remains unpaid for at least
15 days after the due date to thereof shall bear interest at the rate of 12% per annum, and the Board may also assess a late charge in an amount not exceeding 25% of any unpaid assessment
which has been delinquent for more than 15 days
Declarant’s Option to Fund Budget Deficits. Until Assessments have commenced on all Lots under this Declaration, the Declarant may satisfy its obligation for Assessments, if any, on
Lots that it owns either by paying such Assessments in the same manner as any other Owner, or by paying the difference between the amount of Assessments levied on all other Lots subject
to assessment and the amount of actual expenditures by the Association during the fiscal year.
Suspension of Voting Rights. The Association shall have the right to suspend the voting rights by any Owner for any period during which any Assessment against such Owner’s Lot remains
unpaid, and for a period not to exceed 60 days for any, and for each separate, infraction of the Association’s published rules and regulations.
Accounts. Any Assessments collected by the Association shall be deposited in one or more federally insured institutional depository accounts established by the Board. The Board shall
have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shall be made from said accounts except to pay for charges and expenses authorized
by this Declaration.
Lien. In the event any Assessment or installment thereof remains delinquent for more than 30 days, the Board may, upon 15 days’ prior written notice to the Owner of such Lot of the
existence of the default, accelerate and demand immediate payment of the entire Assessment. The amount of any Assessment assessed or charged to any Lot plus interest, costs, late charges
and reasonable attorneys’ fees, shall be a lien thereon. A notice of Assessment may be recorded in the office where real estate conveyances are recorded for the county in which this
property is located. Such notice of Assessment may be filed at any time at least 15 days following delivery of the notice of default referred to above in this Section. The lien for
payment of such Assessment and charges shall have priority over all other liens and encumbrances, recorded or unrecorded, limited as provided in Section 9.1. Suit to recover a money
judgment for unpaid Assessments or charges shall be maintainable without foreclosure or waiver of the lien securing the same. Said liens may be foreclosed as a mortgage.
Waiver of Homestead. Each Owner is hereby notified, pursuant to RCW 6.13.080, that non-payment of the Association’s Assessments may result in foreclosure and the benefit of the homestead
exemption otherwise provided by RCW chapter 6.13 does not apply to liens created pursuant to this Article.
Records and Financial Statements. The Board shall prepare or cause to be prepared for any fiscal year in which the Association levies or collects any Assessments, a balance sheet and
an operating (income/expense) statement for the Association which shall include a schedule of delinquent Assessments identified by the number of the Lot and the name of the Owner; provided,
however, such documents need not be prepared by a certified public accountant unless requested by the Board or a majority of the Owners. The Board shall cause detailed and
accurate records of the receipts and expenditures of the Association to be kept specifying and itemizing the maintenance, operating, and any other expense incurred. Such records, copies
of this Declaration, the Articles and the Bylaws, and any resolutions authorizing expenditures of Association funds shall be available for examination by any Owner at convenient weekday
hours.
Certificate of Assessment. A certificate executed and acknowledged by the treasurer or the president of the Board (or an authorized agent thereof, if neither the president nor treasurer
is available) stating the indebtedness for Assessment and charges or lack thereof secured by the Assessments upon any Lot shall be conclusive upon the Association as to the amount of
such indebtedness on the date of the certificate, in favor of all persons who rely thereon in good faith. Such a certificate shall be furnished to any Owner or any Mortgagee of a Lot
within a reasonable time after request, in recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien on a Lot may pay any unpaid Assessments
or charges with respect to such Lot, and, upon such payment, shall have a lien thereon for the amounts paid of the same priority as its lien.
Foreclosure of Assessment Lien; Attorneys Fees and Costs. The Board (or authorized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect any
Assessment. In any action to foreclosure the lien of, or otherwise collect delinquent Assessments or charges, any judgment rendered in favor of the Association shall include a reasonable
sum for attorneys’ fees and all costs and expenses reasonably incurred in preparation for or in the prosecution of said action, in addition to all costs permitted by law. Said liens
may be foreclosed as a mortgage.
Curing of Default. The Board shall prepare and record a satisfaction and release of the lien for which a notice of Assessment has been filed and recorded in accordance with this Article
upon timely payment or other satisfaction of all delinquent Assessments set forth in the notice and all other Assessments which have become due and payable following the date of such
recordation with respect to the Lot to which such notice of Assessment was recorded, together with all costs, late charges and interest which have accrued thereon. A fee of one hundred
fifty dollars ($150.00) or such other amount as may from time to time be set by the Board covering the cost of preparation and recordation shall be paid to the Association prior to
such action. The satisfaction and release of the lien created by the notice of Assessment shall be executed by the president or treasurer of the Association or by any authorized representative
of the Board. For the purpose of this paragraph, the term “costs” shall include costs and expenses actually incurred or expended by the Association in connection with the cost of preparation
and recordation of the notice of Assessment and any efforts to collect the delinquent Assessments, including a reasonable sum for attorneys’ fees and costs.
Delinquent Assessment Deposit; Working Capital.
For good cause, an Owner may be required by the Board, from time to time, to make and maintain a deposit equivalent to up to three months’ estimated
monthly Assessments, which may be collected as are other Assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot owned by such Owner, and be for
the purpose of establishing a reserve for delinquent Assessments.
Resort may be had thereto at any time when such Owner is ten days or more delinquent in paying his or her monthly or other assessments and charges. Said deposits shall not be considered
as advance payments of regular Assessments. In the event the Board should draw upon said deposit as a result of an Owner’s delinquency in payment of any Assessments, the Owner shall
continue to be responsible for the immediate and full payment of said delinquent Assessment (and all penalties and costs thereon) and thus the full restoration of said deposit, and
the Board shall continue to have all of the rights and remedies for enforcing such Assessment payment and deposit restoration as provided by this Declaration and by law.
Upon the sale of a Lot, the seller/Owner thereof shall not be entitled to a refund from the Association of any deposit or reserve account made or maintained with respect to such Lot
pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account shall continue to be held by the Association for the credit of such Lot, and the
seller/Owner shall be responsible for obtaining from the purchaser appropriate compensation therefore.
The first purchaser of each Lot shall pay to the Association, in addition to other amounts due, $300.00 as an initial contribution to the Association’s working capital. Such payment
is not a prepayment of Assessments by the first purchaser. Such working capital contributions shall not be used to defray Declarant’s expenses in completing the construction or development
of the Property, to pay Declarant’s contributions to Association reserves or to make up any deficits in the budget of the Association.
COMPLIANCE AND ENFORCEMENT
Enforcement.
Each Member, Board member and the Association shall comply strictly with the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted by the
Association (as the same may be lawfully amended from time to time). Failure to comply shall result in a claim for damages or injunctive relief, or both, by the Board (acting through
its officers on behalf of the Association and the Owners) or by the aggrieved Owner on his own, against the party (including an Owner or the Association) failing to comply. In addition,
the City shall have the right to enforce the provisions of the Plat, and related provisions of this Declaration, relating to the maintenance obligations of the Association as a third-party
beneficiary, as provided in Section 14.6.
In any action or arbitration to enforce the provisions of Section 8.1 or any other provision of this Declaration, the Articles or the Bylaws, the prevailing party in
such action or arbitration shall be entitled to an award for reasonable attorneys’ fees and all costs and expenses reasonably incurred in preparation for prosecution of said action or
arbitration, in addition to all costs permitted by law.
No Waiver of Strict Performance. The failure of the Board or Declarant, as applicable, in any one or more instances to insist upon or enforce the strict performance of any of the terms,
covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or regulations, shall not be construed as a waiver or a relinquishment for the future
of such term, covenant, condition or restriction, but such term, covenant, condition or restriction shall remain in full force and effect. No waiver by the Board of any provision hereof
shall be deemed to have been made unless expressed in writing and signed by the Board.
Remedies Cumulative. The remedies provided herein are cumulative, and the Board may pursue them concurrently, as well as any other remedies which may be available under law, although
not expressed herein.
LIMITATION OF LIABILITY
No Personal Liability. So long as a Board member, Association committee member, Association officer, or authorized agent(s) has acted in good faith, without willful or intentional misconduct,
upon the basis of such information as may be possessed by such person, no person shall be personally liable to any Member, or other party including the Association, for any damage,
loss or prejudice suffered or claimed on account of any act, omission, error, negligence (except gross negligence), any discretionary decision or failure to make a discretionary decision,
by such person in such person’s official capacity; provided, however, that this Section shall not apply where the consequences of such act, omission, error or negligence are covered
by insurance or bond obtained by the Board pursuant to Article 4 or Article 13 hereof.
Indemnification. Each Board member or Association committee member, or Association Officer, and their respective heirs and successors, 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 he or she may be party, or in which he or she may
become involved, by reason of being or having held such position at the time such expenses or liabilities are incurred, except in such cases wherein such person is adjudged guilty of
intentional misconduct, or gross negligence or a knowing violation of law in the performance of his or her duties, and except in such cases where such person has participated in a transaction
from which said person will personally receive a benefit in money, property, or services to which said person is not legally entitled; provided, however, that in the event of a settlement,
indemnification shall apply only when the Board approves such settlement and reimbursement as being in the best interests of the Association. Nothing contained in this Section 9.2
shall, however, be deemed to obligate the Association to indemnify any Member who is or has been a Board member or officer of the Association with respect to any duties or obligations
assumed or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner.
MORTGAGEE PROTECTION
Priority of Mortgages. A Mortgagee, or other purchaser of a Lot, who obtains ownership of a Lot as a result of foreclosure or deed in lieu thereof will not be liable for any assessments
accruing before such ownership but shall be liable for any assessment accruing after such ownership. Such unpaid share of common expenses or assessments shall be deemed to be common
expenses collectible from all of the Owners including such Owner, his successor and assigns. For the purpose of this Article, the terms “Mortgage” and “Mortgagee” shall not mean a
real estate contract (or the vendor there under), or a mortgage or deed of trust (or mortgagee or beneficiary there under) securing a deferred purchase price balance owed with respect
to a sale by an individual Owner other than Declarant.
Effect of Declaration Amendments. No amendment of this Declaration shall be effective to modify, change or limit or alter the rights expressly conferred upon Mortgagees in this instrument
with respect to any unsatisfied Mortgage duly recorded unless the holder of the Mortgage has consented in writing to the amendment in writing. Any provision of this Article conferring
rights upon Mortgagees which is inconsistent with any other provision of this Declaration shall control over such other inconsistent provisions.
Rights of Lien Holders. A breach of any of the provisions, conditions, restrictions, covenants, easements or reservations herein contained shall not affect or impair the lien or charge
of any bona fide mortgage made in good faith for value on any Lot; provided, however, that any subsequent Owner of the Lot shall be bound by these provisions whether such owner’s title
was acquired by foreclosure or trustee’s sale or otherwise.
Copies of Notices. If the first mortgagee of any Lot has so requested of the Association in writing, the Association shall give written notice to such first mortgagee that an Owner/mortgagor
has for more than 60 days failed to meet any obligation under this Declaration. Any first mortgagee shall, upon written request, also be entitled to receive written notice of all meetings
of the Association and be permitted to designate a representative to attend such meetings.
Furnishing of Documents. The Association shall make available to prospective purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration, Bylaws,
and other rules governing the Property, and the most recent balance sheet and income/expense statement for the Association, if any has been prepared.
ABANDONMENT OF SUBDIVISION STATUS
Duration of Covenants. The covenants contained herein shall run with and bind the land and be perpetual, unless modified by an instrument executed in accordance with Article 12.
Abandonment at Subdivision Status. The Association shall not, without the prior written approval of the governmental entity having jurisdiction over the Property and without prior written
approval of 100% of all first Mortgagees and Owners (other than the sponsor, developer or builder) of record, seek by act or omission to abandon or terminate the subdivision status
of the Property as approved by the governmental entity having appropriate jurisdiction over the Property.
AMENDMENT OF DECLARATION OR PLAT
Declaration Amendment. Amendments to this Declaration shall be made by an instrument in writing entitled “Amendment to Declaration” which sets forth the entire amendment. Until the
termination of the Class B Control Period, this Declaration may be amended by an instrument executed by Declarant and approved solely by the Class B Member. Thereafter, except as set
forth in Section 12.3 of this Declaration, amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided, however, that until
the termination of the Class B Membership and the expiration of the Declarant’s annexation right set forth in Article 14, no such amendment shall be valid without the approval of the
Class B Member and the holder of the annexation right. The members’ approval may be obtained by a special vote of the members at a meeting of the Association, or the written consent
of the requisite percentage of members. The amendment shall be executed by the president and secretary or other officer of the Association who shall certify that the requisite vote
or consent has been obtained. Notwithstanding any of the foregoing, the prior written approval of 51% of all first Mortgagees who have requested notification from the Association of
amendments shall be required for any material amendment to the provisions of the Declaration or the Bylaws regarding any of the following: voting rights; assessments, assessment liens,
and subordination of such liens; reserves for maintenance, repair, and replacement of Common Area or Association Maintained Areas, insurance or fidelity insurance; responsibility for
maintenance and repair; leasing of Lots other than set forth herein; imposition of any restrictions on the right of an Owner to sell or transfer his Lot; a decision by the Association
to establish self-management when professional management has been required previously by the Mortgagees; or any provisions which are for the express benefit of Mortgagees or eligible
insurers or guarantors of first Mortgages. It is specifically covenanted and understood that any amendment to this Declaration properly adopted will be completely effective to amend
any or all of the covenants, conditions and restrictions contained herein which may be affected and any or all clauses of this Declaration unless otherwise specifically provided in
the section being amended or the amendment itself. In addition, the written approval of the City shall be required for any amendment to the provisions of this Declaration relating
to the maintenance obligations of the Association set forth in the Plat, as provided in Section 14.6.
Plat. Subject to other applicable provisions of the Declaration, the Plat may be amended by revised versions or revised portions thereof. Until the termination of the Class B Control
Period the Plat may be amended by an instrument approved and executed by the Class B Member, provided that if such amendment directly affects a Lot owned by someone other than Declarant
the approval of the Owner of such directly affected Lot shall also be required. Except as set forth in Section 12.3 of this Declaration, after termination of the Class B Control Period,
amendments must be approved by Owners, including Declarant, having over 67% of the votes in the Association, provided that the Owners of all Lots directly impacted by the proposed revision
must approve the proposed amendment. Copies of any proposed amendment to the Plat shall be made available for the examination of every Owner. Such an amendment to the Plat shall
be effective, once properly adopted, upon having received any governmental approval required by law and recordation in the appropriate city or county offices in conjunction with the
Declaration amendment.
Amendments By Declarant. Notwithstanding anything to the contrary contained herein, the Declarant reserves the sole right to amend or correct this Declaration, the Articles, the Bylaws
and the Plat until Declarant no longer owns any Lot in the Property or the expiration of the Declarant’s annexation right set forth in Article 14, whichever is later, without the consent
of any Owners, Mortgagees or other persons claiming an interest in the Property or the Association if such amendment is needed to (i) bring the document into compliance with any rule,
regulation or requirement of the Federal Housing Administration, the Federal National Mortgage Association, The Federal Home Loan Mortgage Corporation or local or state governments;
(ii) make corrective changes; (iii) reflect the actual location, dimensions or characteristics of the constructed improvements; (iv) reflect the proper location of boundary lines of
Lots, Tracts or Common Area; (v) establish, vacate or relocate any easements; or (vi) change the person who is to receive service of process for the Declarant.
Effect of Recording a Supplemental Declaration. An Amended or Supplemental Declaration shall be effective upon recording unless otherwise specified in such Amended or Supplemental Declaration.
INSURANCE
Association Insurance. The Board shall cause the Association to purchase and maintain at all times as a common expense a policy or policies necessary to provide comprehensive liability
insurance; fidelity insurance; worker’s compensation insurance to the extent required by applicable laws; insurance against loss of personal property of the Association by fire, theft
or other causes with such deductible provisions as the Board deems advisable; and such other insurance as the Board deems advisable. The Board may also, in its sole discretion, cause
the Association to purchase and maintain insurance, if available, for the protection of the Association’s directors, officers and representatives from personal liability in the management
of the Association’s affairs. The Board shall review at least annually the adequacy of the Association’s
insurance coverage. All insurance shall be obtained from insurance carriers that are generally acceptable for similar projects and licensed to do business in the state of Washington.
All such insurance policies and fidelity bonds shall provide that coverage may not be cancelled or substantially modified (including cancellation for nonpayment of premium) without
at least 30 days’ prior written notice to any and all insureds named therein, including Owners, holders of mortgages, and designated servicers of mortgagees.
13.1.1 Notwithstanding anything to the contrary contained herein, for so long as the Declarant controls the Board, the Declarant reserves the right to include the insurance obligations
of the Association within a master insurance program controlled by the Declarant and upon doing so, the insurance obligations provided for under this Declaration shall be deemed satisfied.
Owners’ Insurance.
All Lot Owners shall obtain and maintain property insurance, liability insurance, and such other insurance as is required herein and 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 30 days’ prior written notice to the Association.
All Lot Owners shall provide the Association with proof of insurance upon the request of the Association.
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 each Home
and all fixtures and improvements 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.
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 such other risks as are customarily covered for similar residential properties with a limit of liability of at least $300,000.
Any portion of the Home for which insurance is required under this Article which is damaged or destroyed shall be repaired or replaced promptly by the Owner pursuant to Section 6.23
unless the subdivision is terminated or repair or replacement would be illegal under any state or local health or safety statute or ordinance.
MISCELLANEOUS
Notices.
Any written notice or other documents as required by this Declaration may be delivered personally or by certified mail. If by mail, such notice, unless expressly provided for herein
to the contrary with regard to the type of notice being given, shall be deemed to have been delivered and received 48 hours after a copy thereof has been deposited in the United States
mail, postage prepaid, addressed as follows:
15.1.1.1 If to a Member, other than Declarant: to the mailing address of such Member maintained by the Association, pursuant to the Bylaws.
15.1.1.2 If to Declarant, whether in its capacity as a Member, or in any other capacity, the following address (unless Declarant shall have advised the Board in writing of some other
address):
Toll WA LP
9720 NE 120th Place, Suite 100
Kirkland, Washington 98034
15.1.1.3 Prior to the organization of the Association, notices to the Association shall be addressed as set forth above. Thereafter, notices to the Association shall be addressed
to the official mailing address furnished by written notice from the Association. In addition, from and after the organizational meeting, notice of the address of the Association shall
be given by the Board to each Owner, within a reasonable time after the Board has received actual notice of such Owner’s purchase of a Lot.
Conveyance: Notice Required. The rights of an Owner to sell, transfer or otherwise convey his or her Lot shall not be subject to any right of approval, disapproval, first refusal, or
similar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being sold, the Board shall have the right to notify the purchaser, the title insurance
company, and the closing agent of the amount of unpaid assessments and charges outstanding against the Lot, whether or not such information is requested.
Successors and Assigns. This Declaration shall be binding upon and shall inure to the benefit of the heirs, personal representatives, successors and assigns of Declarant, and the heirs,
personal representatives, grantees, lessees, sub lessees and assignees of the Member.
Joint and Several Liability. In the case of joint ownership of a Lot, the liability of each of the Owners thereof in connection with the liabilities and obligations of Owners, set forth
in or imposed by this Declaration, shall be joint and several.
Mortgagee’s Acceptance.
This Declaration shall not initially be binding upon any Mortgagee of record at the time of recording of said Declaration but rather shall be subject and subordinate to said Mortgagee’s
Mortgage.
Declarant shall not convey title to any Lot until the Mortgagee of the Lot shall have made appropriate arrangements for partial release of the Lot from the lien of the Mortgage. The
first such partial release by said Mortgagee shall constitute its acceptance of the provisions of this Declaration as to all of the Lots that remain subject to its Mortgage; provided,
that, except as to Lots so released, said Mortgage shall remain in full force and effect as to the entire property.
City Rights. The maintenance obligations of the Association, as provided in the Declaration or on the Plat, may not be amended or terminated without the prior written approval of the
City. The City shall be deemed to be a third-party beneficiary of this Declaration, with the full right to enforce all provisions relating to the maintenance obligations of the Association
set forth in the Plat.
Severability. The provisions hereof shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall
not affect the validity or enforceability of any other provision hereof.
Construction. The provisions of this Declaration shall be liberally construed to effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property.
Captions. Captions given to the various articles and sections herein are for convenience only and are not intended to modify or affect the meaning of any of the substantive provisions
hereof.
Effective Date. The Declaration shall take effect upon recording.
SIGNATURE ON FOLLOWING PAGE
IN WITNESS WHEREOF, Declarant has executed this Declaration on the day and year first herein above written.
DECLARANT: Dated this of , 2017
Toll WA LP, a Washington limited partnership
By: Toll WA GP Corp, a Washington corporation
Its: General Partner
By: Kelley Moldstad
Its: Division President
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certify that I know or have satisfactory evidence that Kelley Moldstad is the person who appeared before me, and said person acknowledged that said person signed this instrument,
on oath stated that said person was authorized to execute the instrument and acknowledged it as the Division President of Toll WA GP Corp, a Washington corporation, general partner
of Toll WA LP, a Washington limited partnership, to be the free and voluntary act of such entity for the uses and purposes mentioned in the instrument.
Dated this ____ day of _____________, 2017.
(Signature of Notary)
(Legibly Print or Stamp Name of Notary)
Notary public in and for the state of Washington, residing at
My appointment expires
EXHIBIT A
LEGAL DESCRIPTION OF THE PROPERTY
The Plat of Cedarcroft as recorded under Recording No. , records of King County, Washington, situate in the City of Renton, Washington.
EXHIBIT B
PLAT NOTES AND EASEMENTS
TO BE ADDED.
EXHIBIT C
OWNERSHIP AND MAINTENANCE RESPONSIBILITIES
This table identifies the various portions of the Property and provides a general summary of who owns those portions or has an easement interest, who is responsible to maintain them,
and who pays the maintenance costs. See Exhibit B for additional information.
Tract or Easement
Owner or Easement Beneficiary
Maintained By
Paid By/Assessed To
Individual Lots
Individual Owners
Individual Owners
Individual Owners
Tract B – Storm Drainage
HOA
HOA
HOA/Assessed to All Owners
Tract C – Tree Protection and Retention
HOA, subject to a Public Trail Easement
HOA
HOA/Assessed to All Owners
Public Storm Drainage Facilitates in Tracts B & C
City of Renton
City of Renton
City of Renton
Entry Monument & Associated Landscaping located in an Easement on Lot 17
Owner owns Lot; HOA owns the monument & associated landscaping
Owner maintains Lot except HOA maintains Monument & associated landscaping
Owner pays for Lot maintenance;
HOA pays to maintain Monument & landscaping & Assesses to All Owners
Landscape Easement on Lots 1-8 (See Easement Provision 17 on Exhibit B)
Owner owns Lot
Owner maintains Lot except for landscaping in Easement which is maintained by HOA
HOA/Assessed to All Owners
Private Storm Drainage Easement over various Lots
Easements Benefit Various Lots
See Easement Provisions 3-10 on Exhibit B
Owners of Benefitted Lots
Benefitted Lot Owners pay for portion of facilities used only by that Lot & share equally in maintenance costs for portion of facilities used in common
Public Facilities in Easements on Lots & Tracts
Utility Owner
Utility Owner
Utility Owner
Private Sanitary Sewer Facilities in Easements on Lots
Easements Benefit Various Lots
See Easement Provisions 18-20 on Exhibit B
Owners of Benefitted Lots
Benefitted Lot Owners pay for portion of facilities used only by that Lot & share equally in maintenance costs for portion of facilities used in common.
Street Trees on Lots and in public right-of-way
HOA
HOA
HOA/Assessed to All Owners
Sidewalks
City of Renton
Owner of adjacent Lot/Tract
Owner of adjacent Lot
Street Lighting
City of Renton
City of Renton
City of Renton