HomeMy WebLinkAboutL-Declaration of Condominium_170421_V1DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐1
When recorded return to:
John H. O’Rourke
2101 4th Avenue #2200
Seattle WA 98121
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES, A CONDOMINIUM
RECORDING COVER SHEET
DOCUMENT TITLE: DECLARATION FOR GRANT PLACE
TOWNHOMES, A CONDOMINIUM
REFERENCE NUMBERS OF
DOCUMENTS ASSIGNED OR RELEASED N/A
GRANTOR: WASHINGTON COMMERCIAL INVESTMENT LLC
APEX ENTERPRISES GROUP, LLC
GRANTEE: GRANT PLACE TOWNHOMES, A
CONDOMINIUM
LEGAL DESCRIPTION: PTN NE ¼ OF SW ¼ OF SEC 20, TN 23 N R5E
W.M., IN KING COUNTY, WASHINGTON
ASSESSOR’S PARCEL NO. 202305-9052
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐2
DECLARATION FOR GRANT PLACE TOWNHOMES
A CONDOMINIUM
TABLE OF CONTENTS
SECTION 1- DEFINITIONS…………………………………………………………….9
SECTION 2 – DESCRIPTION OF CONDOMINIUM………………………………….11
2.1 Description of land……………………………………………………….11
2.2 Description of Units………………………………………………………11
2.3 Boundaries………………………………………………………………..12
2.4 Description of the Common Elements……………………………………12
2.5 Description of Limited Common Elements………………………………13
2.6 Description of Parking……………………………………………………13
2.7 Transfer of Limited Common Elements………………………………..13
2.8 Allocation of Undivided Interests in the Common Elements and Limited Common
Elements……………………………………………………………………………….....14
2.9 Votes in the Association………………………………………………….14
SECTION 3- OCCUPANCY AND USE COVENANTS, CONDITIONS, AND
RESTRICTIONS
3.1 Residential Use………………………………………………………….14
3.2 Home businesses………………………………………………………...14
3.3 Leasing of Units…………………………………………………………15
3.4 Timesharing…………………………………………………………… 15
3.5 Sales Facilities of the Declarant…………………………………………15
3.6 Parking…………………………………………………………………..15
3.7 Maintenance of Interior of Units………………………………………..15
3.8 Maintenance of the Common Elements…………………………………16
3.9 Uniform Exterior Appearance…………………………………………….16
3.10 Insurance……………………………………………………………….…17
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐3
3.11 Signs………………………………………………………………………18
3.12 Pets………………………………………………………………………..18
3.13 Offensive Activity………………………………………………………...18
3.14 Alteration of Units………………………………………………………...18
3.15 Alteration of Common and Limited Common Elements…………………18
3.16 Bylaws and Rules and Regulations……………………………………….18
SECTION 4- COMPLIANCE WITH DECLARATION…………………………………18
4.1 Enforcement………………………………………………………………19.
4.2 No Waiver of Strict Performance…………………………………………19
SECTION 5- OWNERS ASSOCIATION………………………………………………..19
5.1 Membership……………………………………………………………….19
5.2 Voting……………………………………………………………………..19
5.3 Bylaws…………………………………………………………………….20
5.4 Management of the Association by the Board……………………………20.
5.5 Authority of the Association…………………………………………… 22
SECTION 6- ASSOCIATION
LITIGATION……………………………………………………………………………..23
6.1 Definitions………………………………………………………………...23
6.2 Scope……………………………………………………………………...23
6.3 Conditions for Participation in Legal Proceedings……………………….24
6.4 Notice to Construction Professional……………………………………....25
6.5 Effect of Failure to Provide Notice……………………………………….27
6.6 Effect of Failure to Comply with Agreement…………………………….27
6.7 Amendments to Notice……………………………………………………27
SECTION 7-COMMON EXPENSES-ASSESMENTS…………………………………..27
7.1 Prior to Initial Assessment…………………………………………………27.
7.2 Assessments and Budget for Common Expenses………………………….27
7.3 Surplus Funds……………………………………………………………..29.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐4
SECTION 8- LIEN FOR
ASSESSMENTS………………………………………………………………………….30
8.1 Lien in Favor of Association……………………………………………...31
8.2 Priority of Association Lien………………………………………………32
8.3 Recording not Required…………………………………………………..31
8.4 Limitation on Enforcement……………………………………………….31
8.5 Enforcement of Lien………………………………………………………31
8.6 Appointment of Receiver…………………………………………………31
8.7 Personal Liability of Unit Owners………………………………………..32
8.8 Certificate of Assessment…………………………………………………32
SECTION 9- ASSOCIATION ACCOUNTS AND
RECORDS………………………………………………………………………………...32
9.1 Bank Accounts…………………………………………………………….32
9.2 Books and Records of the Association…………………………………….32
9.3 Financial Records…………………………………………………………34
SECTION 10- DECLARANT CONTROL OF THE ASSOCIATION AND TRANSFER TO
UNIT OWNERS…………………………………………………………………………...34
10.1 Declarant Control…………………………………………………………..34.
10.2 Transfer of Control of Association…………………………………………34
10.3 Audit of Records Transferred………………………………………………36
SECTION 11-INSURANCE………………………….……………………………………36
11.1 Insurance Coverage Provided by the Association………………………….36
11.2 Insurance Ratings…………………………………………………………...37
11.3 Notice to Unit Owners Regarding Availability of Insurance Contracts……37
11.4 Special Policy Requirements……………………………………………….38
11.5 Unit Owner’s Additional Insurance………………………………………..38
11.6 Insurance Proceeds…………………………………………………………39
SECTION 12- DAMAGE OR DESTRUCTION
12.1 Initial Board Determination………………………………………………..39
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐5
12.2 Notice of Damage or Destruction…………………………………………..39
12.3 Definitions…………………………………………………………………39
12.4 Reconstruction…………………………………………………………… 40
12.5 Limited Damage-Assessment under $10,000………………………………40.
12.6 Major Damage-Assessment over $10,000………………………………….40
12.7 Decision not to Restore……………………………………………………..41
12.8 Miscellaneous…………………………………………………..…………41
SECTION 13- CONDEMNATION………………………………………………………..42
13.1 Total Condemnation or Taking of a Unit…………………………………..42
13.2 Partial Condemnation or Taking of a Unit…………………………………42
13.3 Partial Condemnation or Taking of a Common Elements………………..42
13.4 Power of Attorney…………………………………………………………42
SECTION 14- MORTGAGEE
PROTECTION…………………………………………………………………………….42
14.1 Liability for Past Due Assessments………………………………………..42
14.2 Option to Pat Past Due Assessments………………………………………43
14.3 Abandonment or change of Condominium Status-Use of Hazard Insurance.43
14.4 Additional Rights and Privileges of Mortgagees…………………………..43
14.5 Termination of Professional Management…………………………………44
14.6 Amendments to Declaration and Bylaws…………………………………..44
SECTION 15- LIMITATION OF LIABILITY……………………………………………44
5.1 Liability for Utility Failure, Etc……………………………………………………44
15.2 No personal liability………………………………………………………..45
15.3 Indemnification of Board Members………………………………………..45
SECTION 16- EASEMENTS………………………………………………………………45
16.1 In General…………………………………………………………………..45
16.2 Authority……………………………………………………………………45
16.3 Association Functions………………………………………………………46
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐6
16.4 Encroachments……………………………………………………………46
SECTION 17-SUBDIVIDING OR COMBINING UNITS-BOUNDARY RELOCATION.
17.1 Subdividing or combining………………………………………………..46
17.2 Relocation of Boundaries………………………………………………..47
17.3 Costs………………………………….…………………………………..47
17.4 Recording…………………………………………………………………47
SECTION 18- DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS
RESERVED BY DECLARANT
18.1 Development Rights………………………………………………………47
18.2 Special Declarant Rights………………………………………………….47
SECTION 19-AMENDMENT OF DECLARATION SURVEY MAP AND
PLANS………………………………………………………………………..…………..48
19.1 Approval of Unit Owners………………………………………………….48
19.2 Execution of Amendment…………………………………………………48
19.3 Recording………………………………………………………………….48
19.4 Exceptions…………………………………………………………………48
19.5 Special Declarant Rights………………………………………………….49
19.6 Limitation of Actions……………………………………………………..49
19.7 Approval by Mortgagees………………………………………………….49
19.8 Amendment by Declarant…………………………………………………50
SECTION 20- TERMNATION OF
CONDOMINIUM……………………………………………………………….………..50
20.1 Approval by Unit Owners………………………………………………...50
20.2 Termination Agreement…………………………………………………..50
20.3 Sale of Common Element and Units………………………………………51
20.4 Ownership after Termination……………………………………………..51
20.5 Tenancy in Common………………………………………………………51
20.6 Payment to Creditors………………………………………………………51
20.7 Division of Ownership After Termination…………………………………52
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐7
20.8 Suspension of Right of Partition………………………………………….52
SECTION 21-DISPUTE RESOLUTION………………………………………………..52
21.2 Mediation, Binding Arbitration of Warranty Claims…………………….52
SECTION 22-MISCELLANEOUS……………………………………………………....52
22.1 Covenants Running With the Land……………………………………….52
22.2 Construction and Validity of Declaration………………………………..52
22.3 Waiver……………………………………………………………………53
22.4 Notices……………………………………………………………………54
22.5 Severability……………………………………………………………….54
22.6 Interpretation……………………………………………………………..55
22.7 Effective Date……………………………………………………………55…
22.8 Survey Map and Plans……………………………………………………55
22.9 Inflationary Increases in Dollar Limits………………………………….55
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐8
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES, A CONDOMINIUM
THIS DECLARATION OF CONDOMINIUM is made as of the date below by
Washington Commercial Investment, LLC, and Apex Enterprises Group LLC, as owners of the
property located in King County, Washington hereinafter described, to submit the property as a
condominium pursuant to the Washington Condominium Act (Revised Code of Washington
Chapter 64.34):
SECTION 1-DEFINITIONS
As used in this Declaration unless the context requires otherwise:
1.1 The “Act” means the Washington Condominium Act (Revised Code of
Washington Chapter 64.34, as amended from time to time.
1.2 “Allocated interests” means the undivided interest in the Common Elements, the
Common Expense Liability, and votes in the Association allocated to each Unit.
1.3 “Assessment” means all sums chargeable by the Association against a Unit
including without limitation: (a) regular and Special Assessments for Common Expenses,
charges, and fines imposed by the Association; (b) interest and late charges on any delinquent
account; (c) costs of collection including reasonable attorneys’ fees, incurred by the Association
in connection with the collection of a delinquent Unit Owner’s Account; and (d) fines or other
charges imposed by the Association.
1.4 “Association”, “Grant Place Townhomes Condominium Association”, or “Unit
Owner’s Association”, means the Unit Owners’ Association organized pursuant to Section 5
below.
1.5 “Board of Directors” or “Board” means the body with primary authority to
manage the affairs of the Association.
1.6 “Building(s)” means the Building(s) containing the Units comprising a part of the
property of the Condominium.
1.7 “Bylaws” shall mean the Bylaws of the Association as initially promulgated by
the Declarant, and as amended from time to time by the Association.
1.8 “Common Elements” means all portions of the Condominium other than the
Units.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐9
1.9 “Common Expenses” means expenditures made by or financial liabilities of the
Association, together with any allocations to reserves.
1.10 “Common Expense Liability” means the liability for Common Expenses allocated
to each Unit pursuant to Section 7 below.
1.11 “Conveyance” means ay transfer of the ownership of a Unit, including a transfer
by deed or real estate contract, but shall not include a transfer solely for security.
1.12 “Declarant” means Washington Commercial Investment, LLC, and Apex
Enterprises Group LLC.
1.13 “Declarant Control” means the right, if expressly reserved in the Declaration, of
the Declarant or persons designated by the Declarant to appoint and remove officers and
members of the Board of Directors.
1.14 “Declaration” means this instrument by which the Property is submitted to
provisions of the Act and as it may be amended from time to time.
1.15 “Development Rights” means any right or combination of rights reserved by the
Declarant in the Declaration to: (a) add Real Property and/or improvements to the
Condominium; (b) create Units, Common Elements or Limited Common Elements within real
property included or added to the Condominium; (c) subdivide Units or convert Units to
Common Elements, or (d) withdraw the real property from the Condominium.
1.16 “Dispose” or “Disposition” means voluntary transfer or conveyance to a
purchaser of any legal or equitable interest in a Unit, but does not include the transfer or release
of a security instrument.
1.17 “Eligible Mortgagee” means the holder of a mortgage on a Unit that has filed with
the Secretary of the Association a written request that it be given copies of notice of any action
by the Association which requires the consent of the Mortgagee.
1.18 “Foreclosure” means a forfeituremor judicial or nonjudicial foreclosure of a
mortgage or a deed in lieu thereof.
1.19 “Grant Place Townhomes, a Condominium”, means the Condominium
development which is the subject of this Declaration.
1.20 “Limited Common Element” means a portion of the Common Elements allocated
by the declaration for the exclusive use of one or more, but fewer than all, of the Units.
1.21 “Majority” or “Majority of Unit Owners” means the Unit Owners with more than
fifty percent (50%) of the votes in accordance with those assigned in the Declaration, as duly
recorded or as may be lawfully amended, to the Units for voting purposes.
1.22 “Mortgagee” means an institutional lender (i.e, a bank, savings and loan
association, insurance company, FHA approved mortgage lender, or Fannie Mae) which is the
holder of a note and mortgage or the beneficiary of a deed of trust covering a Unit or other
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐10
portion of the property, and shall also mean the vendor under a real estate contract covering a
Unit.
1.23 “Mortgage” means a mortgage, deed of trust, or real estate contract covering a
Unit or other portion of the Condominium.
1.24 “Purchaser” means any person, other than a Declarant or a dealer, who by means
of a disposition acquires a legal or equitable interest in a Unit other than (a) a leasehold interest,
including renewal options, of less than twenty years at the time of creation of the Unit, or (b) as
security for an obligation.
1.25 “Real Property,” “Property,”or “Land” means any fee, leasehold, or other estate
or interest in, over, or under land, including structures, fixtures, or other improvements thereon
and easements, rights appurtenant thereto which by custom, usage, or law, pass with a
conveyance of land although not described in the contract of sale or instrument of conveyance.
1.26 “Residential Purposes” or “Residenial Use” means use for dwelling or
recreational use, or both.
1.27 “Special Declarant Rights” means rights reserved for the benefit of a Declarant to
(a) complete improvements indicated on Survey Maps and Plans filed with the Declaration under
RCW 64.34.232; (b) exercise any Development Right under RCW 64.34.236;(c) maintain sales
offices, management offices, signs advertising the Condominium, and models under RCW
64.34.256; (d) use easements through the Common Elements for the purpose of making
improvements within the Condominium or within the real property which may be added to the
condominium under RCW 64.34.276; or (f) appoint or remove any officer of the Association or
any Member of the Board of Directors during any period of Declarant control under RCW
64.34.308(4).
1.28 ‘SURVEY Map and Plans” means the Survey Map and the set of Plans filed or to
be filed simultaneously with this Declaration showing the location, boundaries, and other
information relating to the Land, the Building(s), and the Units, as required by the Act, as further
described in Section 22.8.
1.29 “Temporary Board of Directors” or “Temporary Board” shall mean the persons
appointed by the Declaration to manage ad administer the Property and the Association until
such time as the Unit Owners elect the Board of Directors as provided in this Declaration.
1.30 “Unit” means the physical portion of the property designated for separate
ownership and intended for residential use and occupancy. The boundaries of the Units are set
forth in Section 2.3.1 and the Survey Map and Plans.
1.31 “Unit Number” means a symbol or address that identifies only one Unit in the
Condominium.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐11
1.32 “Unit Owner” means the Declarant or other person who owns the Unit, but does
not include a person who has an interest in a Unit solely as security for an obligation or debt.
“Unit Owner” means the vendee, not the vendor under a real estate contract.
SECTION 2-DESCRIPTION OF CONDOMINIUM
2.1 Description of Land
The legal description of the Land included in Grant Place Townhomes, a
Condominium, is on Exhibit A to this Declaration, and by this reference fully incorporated
herein.
2.2 Description of Units
Grant Place Townhomes, a Condominium, shall contain 36 Units which shall be
located in eight (8) buildings. The Buildings and the Units are shown on the Survey Map and
Plans.
2.3 Boundaries
2.3.1 Unit Boundaries The Unit Boundaries shall be as follows:
(a) The Unit boundaries shall be the perimeter walls, the lowest floors, and
the highest ceilings, including the decorative and finished surface coverings which enclose the
Unit. Interior spaces, interior partitions, the garage, and other fixtures and improvements within
the boundaries of a Unit are a part of the Unit. All windows, doors to the Unit, lath furring,
wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other
materials constituting any part of the finished surfaces thereof are a part of the Unit, and all other
portions of the walls, floors, or ceilings are a part of the Common Element. The existing physical
boundaries of the Unit as originally constructed or as reconstructed in substantial accordance
with the original Plans thereof shall be conclusively presumed to be its boundaries rather than the
metes and bounds expressed or depicted in this Declaration, deed or Survey Map and Plans,
regardless of minor variance between boundaries shown in the Declaration, deed, or Survey Map
and Plans and those of Units in the Building(s) as actually constructed All other portions of the
walls, floors, or ceilings are a part of the Common Elements.
(b) 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 Unit, any portion
thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and
any portion thereof serving more than one Unit or any portion of the Common Elements is a part
of the Common Elements.
(c) Subject to the provisions of Section 2.3.1(b), all spaces, interior partitions, and
other fixtures and improvements within the boundaries of a Unit are a part of the Unit.
2.3.2 Limited Common Element Boundaries. The boundaries of Limited Common
Elements shall be defined by the interior surfaces of the walls, floor, ceiling, doors, windows,
ground, railings, fence or curb enclosing said Limited Common Element; but if there are no such
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐12
interior surfaces then the boundaries as delineated on the Survey Map and Plans; but if no such
boundaries are so delineated then the perimeter of any yard area, patio or deck as actually
constructed by Declarant.
2.3.3 Monuments as Boundaries. The physical boundaries of a Unit constructed in substantial
accordance with the original Survey Map and Plans thereof become its boundaries rather than the
metes and bounds expressed in the Survey Map and Plans, regardless of settling or lateral
movements of the Building or minor variances between boundaries shown on the Survey Map
and Plans and those of the Building. This Section does not relieve a Declarant or any other
person of liability for failure to adhere to the Survey Map and Plans.
2.4 Description of Common Elements
Except as otherwise specifically allocated by the provisions of Section 2.5 or other provisions of
this Declaration or amendments thereto, the Common Elements consist of all portions of the
Condominium except Units and shall include the following:
2.4.1 The Real Property described in Exhibit A
2.4.2 The roofs, foundations, columns, girders, studs, joists, beams, supports, walls (excluding
non-bearing interior partitions of Units), chimneys, and all other structural parts of the Building
to the boundaries of the Units, as the boundaries are defined in Section 2.3.1, and any
replacements thereto.
2.4.3 Installations of central services such as: power, light, gas, hot and cold water, heating and
air conditioning, fire suppression system, pipes, conduits, wires, tanks, pumps, motor, fans,
compressors, ducts; and in general all apparatus and installations existing for common use; but
excluding plumbing, electrical and similar fixtures, which fixtures are located within a Unit for
the exclusive use of that Unit.
2.4.4 The stairways, corridors and interior space, of the Building which are part of a Unit.
2.4.5 The driving areas and the seven parking spaces located along the private drive which are
designated as guest parking.
2.4.6 The yards, gardens, landscaped areas and walkways (not allocated as Limited Common
Elements by this Declaration or amendments thereto) which surround and provide access to the
Building or are used for recreational purposes.
2.4.7 All other parts of the Property necessary or convenient to its existence, maintenance and
safety, or normally in common use.
2.5 Description of Limited Common Elements: The Limited Common Elements are allocated for
the exclusive use of the Owner or Owners of the Unit or Units to which they are allocated and, in
addition to any Limited Common Elements provided by law or other provisions of the
Declaration or amendments thereto.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐13
2.5.1 Yard Area. The yard areas adjacent to each Unit, as more particularly shown on the Survey
Map and Plans.
2.5.2 Shutters. Etc. Except as otherwise set forth in Section 2.3.1, any shutters awnings, window
boxes, doorsteps, stoops, porches, decks, balconies, patios, and all other fixtures designated to
serve a single Unit, but which are located outside the Unit's boundaries.
2.6 Description of Parking
There are a total of seventy-two (72) covered spaces, as part of each Unit’s garage, and seven (7)
on street guest stalls, as shown on the Survey Map and Plans. Exhibit B.
2.7 Transfer of Limited Common Elements
2.7.1 Reallocation Between Units. A Limited Common Element may only be reallocated
between Units with the approval of the Board and by an amendment to the Declaration executed
by the Owners of, and approved in writing by the Mortgagees holding Mortgages against, the
Units to which the Limited Common Element was and will be allocated. The Board shall
approve the request of the Unit Owner or Owners under this Section within thirty (30) days
unless the proposed reallocation does not comply with the Act or the Declaration. The failure of
the Board to act upon a request within such period shall be deemed approval thereof. The
amendment shall be recorded in the names of the parties and of the Condominium.
2.7.2 Common to Limited Common; Ljmited Common to Unit. Sixty-seven percent (67%) of the
Unit Owners, including the Owner of the Unit to which the Limited Common Element will be
assigned or incorporated, must agree to reallocate a Common Element as a Limited Common
Element or to incorporate a Limited Common Element into an existing Unit. Such reallocation or
incorporation shall be reflected in an amendment to the Declaration, Survey Map or Plans.
Provided, however, this Section shall not apply with respect to any such reallocation or
incorporation made as a result of the exercise of any Development Right reserved by Declarant.
2.8 Allocation of Undivided Interests in the Common Elements
The undivided interest in the Common Elements for each Unit Owner shall be as set forth on
Exhibit B attached hereto.
2.9 Votes in the Association
In all matters relating to voting in the Association, each Unit shall be entitled to one (1) vote and
all votes shall be of equal weight.
SECTION 3 - OCCUPANCY AND USE COVENANTS. CONDITIONS AND
RESTRICTIONS
3.1 Residential Use: The Building and Units shall be used for single family Residential Purposes
only, on an 0wnership, rental or lease basis, and for social. recreational or other reasonable uses
nominally incident to such purposes. The Building and Units may also be used by the
Association for the purposes of operating and managing Grant Place Townhomes, a
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐14
Condominium, and for such additional uses or purposes as are from time to time determined to
be appropriate by the Board.
3.2 Home Businesses
Owners may conduct a home trade or business within a Unit provided that (a) the existence or
operation of the trade or business activity within the Unit is not apparent or detectable by sight,
sound or smell from the exterior of the Unit; (b) the trade or business activity conforms to all
applicable zoning requirements; (c) the trade or business activity does not involve persons
coming onto the Condominium property; (d) the trade or business activity does not increase the
liability or casualty insurance obligation or premium of the Association; (e) the trade or business
activity does not cause an increase in the consumption of utilities or trash collection services paid
for by the Association as a Common Expense; and (f) the J I trade or business activity is
consistent with the residential character of the Association and does not constitute a nuisance or
hazardous or offensive use, as determined in the sole discretion of the Board.
3.3 Leasing of Units
Although Declarant intends to sell the Units as Condominium Units, the Units may be leased or
rented by the Declarant or any Unit Owner at any time. No Unit may be leased or rented by any
party for a period of less than thirty (30) days, except that Declarant may lease a unit for a
shorter period prior to its initial sale pursuant to a bona fide purchase and sale agreement. Each
lease or rental agreement shall be in writing, a copy shall be filed with the Board prior to the
commencement of the tenancy, and by its terms shall provide that the terms of the lease or rental
agreement are subject in all respects to the provisions of this Declaration and the Bylaws of the
Association, and all rules and regulations thereunder. Any failure by the lessee to comply with
the terms contained in said documents shall be a default in any lease or rental agreement. No
Owner may lease less than an entire Unit. The Association shall supervise all leasing, renting or
subleasing of Units to ensure compliance with this Section, and the Board may create reasonable
rules and regulations regarding such leasing, renting or subleasing. The Board, at its discretion,
may require Owner who rents, leases or sublets said Owner's Unit to deposit not more than
$500.00 with the Association as a security deposit to cover move-in and/or move-out damage to
the Common Elements.
3.4 Timesharing Timesharing of any Unit as defined in Revised Code of Washington, Chapter
64.36, is prohibited.
3.5 Sales Facilities of Declarant
Notwithstanding the provisions in Section 3.1, Declarant, its agents, employees and contractors,
may maintain during the period of sale of the Units upon such portion of the Property as
Declarant may choose, such facilities as in the sole opinion of Declarant may be reasonably
required, convenient or incidental to the sale, rental or management of such facilities, including,
but not limited to, one or more model Units), a business or sales office, signs, storage facilities,
and parking areas for prospective Purchasers or tenants.
3.6 Parking
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐15
Guest Parking within the Condominium is restricted to parking of operative automobiles and
pickup trucks rated no more than one-half (1/2) ton. All vehicles must fit entirely within the
striped lines. Vehicles parked in garages must fit entirely within said garage such that the garage
door may be shut. Trailers, larger pickup trucks and other trucks, campers, recreation vehicles,
boats and other vehicles and equipment may not be parked or kept on the Condominium Property
unless stored entirely within a Unit’s enclosed garage. The Board may require removal of any
inoperative or unsightly vehicle, and any other equipment or item improperly stored in parking
spaces all in accordance with the Rules and Regulations adopted from time to time by the Board.
If that vehicle or equipment is not removed, the Board may cause removal at the risk and
expense of the Unit Owner thereof.
3.7 Maintenance of Interiors of Units
3.7.1 Each Unit Owner shall, at the Owner's sole expense, have the right and the duty to keep the
interior of the Owner's Unit and its equipment, appliances, and appurtenances in good order,
condition and repair, and shall do all redecorating and painting at any time necessary to maintain
the good appearance and condition of the interior of the Unit. Each Unit Owner shall be
responsible for the maintenance, repair or replacement of any windows, doors to the Unit,
plumbing fixtures, water heaters, fans, heating or other equipment, fireplace flues, electrical
fixtures or appliances which may be in or connected with the Unit.
3.7.2 Without limiting the generality of the foregoing, each Unit Owner shall have the right and
the duty, at the Owner's sole cost and expense, to maintain, repair, paint, paper, panel, plaster,
tile, and finish the interior surfaces of the ceilings, floors, window frames, door frames, trim, and
the perimeter walls of the Unit and the surfaces of the bearing walls located within his Unit, and
shall not permit or commit waste of the Unit or the Common Elements. Each Unit Owner shall
have the right to substitute new finished surfaces for the finished surfaces then existing on said
walls, ceilings and floors, except that no Unit Owner of a Unit on any level other than the ground
level of the Building shall be permitted to substitute a hard surface on any floor without the prior
written consent of the Unit Owner of the Unit immediately below, a copy of which consent shall
be filed with the Board. Each Unit Owner shall have the right to maintain, repair, paint, finish,
alter, substitute, add or remove any fixtures attached to said ceiling, floors or walls. This Section
shall not be construed to permit interference with or damage to the structural integrity of the
Building or interference with the use and enjoyment of the Common Elements or of the other
Units.
3.7.3 Unit Owners may not modify, paint, or otherwise decorate, or in any way alter their
respective Limited Common Elements without prior written approval of the Board or pursuant to
the rules and regulations adopted thereby.
3.8 Maintenance of Common Elements
Except to the extent provided by this Declaration, the Association is responsible for (a)
maintenance, repair, and replacement of the Common Elements (including the Limited Common
Elements), and (b) to the extent that any structural or load bearing element of a Building, the
exterior walls and siding, and patio or deck are located within a Unit, the maintenance, repair and
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐16
replacement of such structural and load bearing elements, the exterior walls and siding
(including, without limitation, painting), and the patio or deck. Each Unit Owner shall afford to
the Association and the other Unit Owners, and to their agents or employees, access through the
Owner's Unit and Limited Common Elements reasonably necessary for those purposes. If
damage is inflicted on the Common Elements, or on any Unit through which access is taken, the
Unit Owner responsible for the damage, or the Association if it is responsible, shall be liable for
the expense of the repair or replacement thereof.
3.9 Uniform Exterior Appearance
In order to preserve the uniform exterior appearance of the Building, and the Common and
Limited Common Elements visible to the public, the Board may require and provide for the
painting and other decorative finish of the Building, decks, enclosed patios, fences, or other
Common or Limited Common Elements, and prescribe the type and color of such decorative
finishes, and may prohibit, require or regulate any modification or decoration of the Building,
decks, patios, fences, trellises, or other Common or Limited Common Elements, including
screens, doors, awnings, rails or other portions of each Unit and Building visible from the
exterior thereof. The Board may regulate and control the items stored or used on the patios and
decks in order to present a good appearance to the entire Condominium. The Declarant will
require and later the Board may also require that window coverings visible from the exterior of
the Building be of a uniform color and style.
3.10 Insurance
The Unit Owners shall not permit anything to be done or kept in the Units or in the Common or
Limited Common Elements which will increase the fire insurance premiums thereon or result in
the cancellation of such insurance on any Unit or any part of the Common or Limited Common
Elements, without the consent of the Board or pursuant to rules and regulations adopted thereby.
3.11 Signs
No sign of any kind shall be displayed to the public view on or from any Unit or from the
Common or Limited Common Elements without the consent of the Board or pursuant to rules
and regulations adopted thereby; provided, that this section shall not apply to sales activities of
Declarant permitted pursuant to Section 1.27 and 3.5 above; and further provided that a Unit
Owner may maintain a sign not larger than two feet by two feet (2' X 2') advertising the Unit for
sale.
3.12 Pets
Domestic household pets, such as dogs and cats, may be kept by the Unit Owners; provided, that
the keeping of pets shall be subject to such reasonable rules and regulations as the Board may
from time to time adopt. The Board may after notice of an opportunity to be heard, require the
removal of any animal which the Board in the exercise of reasonable discretion finds disturbing
other Unit Owners unreasonably, and may exercise this authority for specific animals even
though other animals are permitted to remain.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐17
3.13 Offensive Activity
No noxious or offensive activity shall be carried on in any Unit or on the Common or Limited
Common Elements, nor shall anything be done therein which may be or become an annoyance or
nuisance to other Unit Owners, or which would be in violation of any laws.
3.14 Alteration of Units. A Unit Owner:
3.14.1 May make any improvements or alterations to the Unit Owner's Unit that do not affect the
structural integrity or mechanical or electrical systems or lessen the support of any portion of the
Condominium;
3.14.2 May not change the appearance of the Common Elements or the exterior appearance of a
Unit without the prior permission of the Board; and
3.14.3 May, after acquiring an adjoining Unit or an adjoining part of an adjoining Unit and
obtaining the approval of the Board, remove or alter any intervening partition or create apertures
therein, even if the partition in whole or in part is a Common Element, if those acts do not
adversely affect the structural integrity or mechanical or electrical systems or lessen the support
of any portion of the Condominium. Removal of partitions or creation of apertures under this
subsection is not a relocation of boundaries. The Board shall approve a Unit Owner's request,
which request shall include the plans and specifications for the proposed improvement, removal
or alteration, under this subsection within sixty (60) days, unless the proposed alteration does not
comply with the Act or this Declaration or impairs the structural integrity or mechanical or
electrical systems in the Condominium. The failure of the Board to act upon a request within
such period shall be deemed approval thereof. If the Board disapproves any request, it shall
provide the Unit Owner with a written explanation of the reason for the disapproval.
3.15 Alterations of Common and Limited Common Elements
The Common and Limited Common Elements shall not be reconstructed, rebuilt, altered,
removed or replaced except by the Association acting through the Board, subject to the rights of
Mortgagees set forth in SECTION 14.
3.16 Bylaws and Rules and Regulations
The Association may from time to time adopt reasonable additional provisions in the Bylaws or
in the rules and regulations of the Association as may be necessary or advisable to ensure
compliance with or to supplement the foregoing covenants, conditions and restrictions, and the
Unit Owners shall comply in all respects therewith.
SECTION 4 - COMPLIANCE WITH DECLARATION
4.1 Enforcement
Failure of any Unit Owner to comply strictly with the provisions of this Declaration and with the
Bylaws and rules and regulations of the Association, as they may be lawfully amended from time
to time, and with all decisions of the Board or the Association adopted pursuant to this
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐18
Declaration and the Bylaws and administrative rules and regulations shall be grounds for an
action against the noncomplying Unit Owner to recover sums due for damages, or for injunctive
relief, or both, maintainable by the Board acting through its officers on behalf of the Unit
Owners, or by any aggrieved Unit Owner on his own.
4.2 No Waiver of Strict Performance
The failure of the Board in anyone or more instances to insist upon the strict performance of any
of the terms, covenants, conditions or restrictions of this Declaration, or of the Bylaws or rules
and regulations, or to exercise any right or option contained in said documents, or to serve any
notice or to institute any action, shall not be construed as a waiver or a relinquishment for the
future of such term, covenant, condition or restriction, which shall remain in full force and effect.
The receipt by the Board of any Assessment from a Unit Owner, with knowledge of any such
breach shall not be deemed a waiver of such breach, and no waiver by the Board of any
provision hereof shall be deemed to have been made unless expressed in writing and signed for
by the Board This Section also extends to Declarant or Declarant's managing agent, exercising
the powers of the Board during the period of Declarant Control of the Association and the
Condominium development.
SECTION 5 - OWNERS ASSOCIATION: The Association shall be a nonprofit corporation. The
rights and duties of the members and of such corporation shall be governed by the provisions of
the Act and of this Declaration. The Association may use the name "Grant Place Condominium
Association," or such other names as may be selected by the Board
5.1 Membership
Each Unit Owner shall automatically become a member of the Association and shall be subject
to its Bylaws and such rules and regulations as may from time to time be adopted by the
Association. The membership shall be appurtenant to and nonseverable from the ownership of
each Unit. The membership shall automatically pass to the succeeding Unit Owner with the
conveyance of each Unit.
5.2 Voting
5.2.1 Number of Votes. For the purposes of determining voting rights under the Act and with
respect to the administration of Grant Place Townhomes, a Condominium, through the
Association, the total voting power of all Units shall be equal to the number of Units then in the
Condominium. At the time this Declaration is recorded, that number is Thirty Six (36).
Whenever the approval of a stated percentage of the Unit Owners is required in this Declaration
or the Bylaws, unless expressly stated otherwise, the percentage shall be determined by reference
to the voting power of the Units as defined above.
5.2.2 Person Authorized to Vote. There shall be one (1) voting representative for each Unit. The
voting representative shall be designated by the Unit Owner or Owners of each Unit by written
notice to the Board and need not be a Unit Owner. The designation may be revoked at any time
by the Unit Owner or Owners by written notice to the Board, and the death or judicially
declared incompetence of the Unit Owner shall revoke the designation, provided that such
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐19
designation shall not be effective until the Board has been notified thereof. The powers of
designation and revocation may be exercised by the guardian, trustee, personal representative,
administrator or executor of a Unit Owner or his estate. Where no designation is made, or where
a designation has been made, but is revoked and no new designations have been made, the voting
power of each Unit shall be the group composed of all of its Owners; and the Association may
recognize the vote of anyone or more of such Owners present in person or by proxy at any
meetings of the Association as the vote of all such Owners. If there is more than one such Owner
and they do not vote unanimously, the Association may divide the vote in accordance with their
respective interests if they shall agree thereon or have furnished sufficient written evidence
thereof. Otherwise, the vote for that Unit may be disregarded by the Board. For purposes of
electing members of the Board, the Unit Owners may use cumulative voting.
5.2.3 Ownership of More Than One Unit. If a person owns more than one Unit, he shall be
entitled to exercise the votes for the combined total of all Units owned. Declarant, and any
person acquiring under or by virtue of a Mortgage referred to in SECTION 14, shall be entitled
to the same voting privileges as other Unit Owners, until all Units owned by Declarant are sold.
5.2.4 Quorum. A quorum of Unit Owners at any annual or special meeting of the Association
shall be the presence, in person or by proxy, of persons holding two-thirds (2/3) or more of the
total votes, unless otherwise expressly provided herein. If a quorum is present at any such
meeting, any action may be taken by an affirmative vote of a majority of the total votes present
at the meeting. except as otherwise expressly provided in the Act, this Declaration, or the
Bylaws.
5.3 Bylaws
Declarant, on behalf of the Temporary Board, shall adopt the initial Bylaws of the Association to
provide for the administration of the Property and the organization of the Association, consistent
with this Declaration and the Act. The Bylaws shall designate the time and specify the
procedures for the holding of annual and special meetings of the Association and may specify
other procedures applicable to the organization and administration of the Association. The
Bylaws may be amended by Declarant, on behalf of the Temporary Board, at any time prior to
replacement of the Temporary Board pursuant to Section 5.4. Thereafter, the Bylaws may be
amended in whole or in part by a vote of Unit Owners accounting for not less than a majority of
the total votes present at a meeting of the Association duly held for that purpose, or by a vote of
a majority of the Board present at a meeting of the Board duly held for that purpose. Written
notice of the time, place and purpose of such meeting of the Association shall be delivered in
person or mailed to each Unit Owner at least ten (10) days prior to the date of such meeting.
5.4 Management of the Association by the Board
The Association shall be administered and managed by a Board of at least three (3) persons who
shall serve during the interim period described below, and thereafter as established by the
Bylaws.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐20
5.4.1 Temporary Board of Directors: Declarant may, at such time as it deems appropriate,
appoint a Temporary Board of between one (1) and three (3) persons who need not be Unit
Owners. The Temporary Board (and Declarant, until the Temporary Board is appointed) shall
exercise the rights, duties and functions of the Board as set forth in this Declaration until the
entire Board is elected by the Unit Owners pursuant to Section 5.4.2.
5.4.2 Election of Board : Within thirty (30) days after the termination of any period of Declarant
Control, the Unit Owners shall elect a Board of at least three (3) directors, at least a majority of
whom must be Unit Owners. The Board shall elect the officers of the Association. Such directors
and officers shall take office upon this election.
5.4.3 Election After Sale of Units: Not later than sixty (60) days after conveyance of twenty-five
percent (25%) of the Units which may be created to Unit Owners other than a Declarant, at least
one member and not less than twenty-five percent (25%) of the members of the Board must be
elected by Unit Owners other than Declarant. Not later than sixty (60) days after conveyance of
fifty percent (50%) of the Units which may be created to Unit Owners other than Declarant, not
less than thirty-three and one-third percent (33 1/3%) of the members of the Board must be
elected by Unit Owners other than Declarant.
5.4.4 Removal of Directors: During the period of Declarant Control, Declarant may remove any
director appointed by Declarant at any time and for any reason. The Unit Owners, by a two-
thirds (2/3) vote of the voting power in the Association present and entitled to vote at any
meeting of the Unit Owners at which a quorum is present, may remove any director with or
without cause, except for a director appointed by Declarant. Declarant may not remove any
director elected by the Unit Owners. Prior to the termination of the period of Declarant Control,
the Unit Owners, other than Declarant, may remove any director elected by the Unit Owners by a
two-thirds (2/3) vote.
5.4.5 Term. The term of office of each director shall be two (2) years, with two (2) directors
being elected at each annual meeting during even-numbered years, and one (1) director being
elected at each annual meeting during odd-numbered years. At the special meeting called for the
purpose of electing the directors, the three (3) directors so elected shall, by lot, determine which
shall have one (1) or two (2) year terms, to stagger the expiration dates of the terms of the
appropriate number of directors. Any director may be elected to serve for an additional term or
terms.
5.4.6 Quorum. A majority of the members of the Board shall constitute a quorum. The Board
shall act by majority vote of those present at its meetings where a quorum exists. Meetings shall
be called, held and conducted in accordance with the Bylaws.
5.4.7 Officers: The Board shall elect a president of the Association from among members of the
Board, who shall hold office for one (1) year, or until his successor is elected, and shall preside
over both the meetings of the Board and those of the Association. The Board shall also elect a
secretary and treasurer, who shall hold office for one (1) year or until their successors are
elected. Any officer of the Association may be reelected by the Board for any number of
successive terms.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐21
5.4.8 Employment of Manager: The Board may, to the extent it deems advisable, employ a
person or firm to manage Grant Place Townhomes, as well as such other persons as are
necessary in its opinion for the proper operation thereof; provided, that the employment of a
person or firm to manage Grant Place Townhomes, shall be under a written contract for a term
not in excess of one (1) year and shall permit the Board to revoke the same without cause and
without payment of a termination fee, upon no more than thirty (30) days’ notice.
5.4.9 Standard of Care. Except as provided in this Declaration and the Bylaws, the Board shall
act in all instances on behalf of the Association. In the performance of their duties, the officers
and members of the Board are required to exercise (a) if appointed by Declarant, the care
required of fiduciaries of the Unit Owners; or (b) if elected by the Unit Owners, ordinary and
reasonable care.
5.4.10 Limitations of Board Authority. The Board shall not act on behalf of the Association to
amend the Declaration in any manner that requires the vote or approval of the Unit Owners, to
terminate the Condominium, to elect members of the Board, or to determine the qualifications,
powers, and duties, or terms of office of members of the Board The Board may, however, fill
vacancies in its membership for the unexpired portion of any term.
5.5 Authority of the Association.
The Association, acting by and through the Board, its officers, manager or other duly authorized
agents or representatives, may:
5.5.1 Adopt and amend Bylaws, rules and regulations;
5.5.2 Adopt and amend budgets for revenues, expenditures and reserves, and impose and collect
Assessments for Common Expenses from Unit Owners;
5.5.3 Hire and discharge or contract with managing agents and other employees, agents and
independent contractors;
5.5.4 Institute, defend or intervene in litigation or administrative proceedings in its own name on
behalf of itself or two (2) or more Unit Owners on matters affecting the Condominium subject to
the terms of SECTION 6;
5.5.5 Make contracts and incur liabilities;
5.5.6 Regulate the use, maintenance, repair, replacement and modification of Common Elements
and contract with third parties to accomplish these objectives;
5.5.7 Cause additional improvements to be made as a part of the Common Elements provided
that any improvements in excess of Twenty Thousand Dollars ($20,000) must be approved by a
majority of the Unit Owners;
5.5.8 Acquire, hold, encumber and convey in its own name. any right, title, or interest to real or
personal property, but Common Elements may be conveyed or subjected to a security interest
only pursuant to the Act;
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐22
5.5.9 Grant easements, leases, licenses and concessions through or over the Common Elements
and petition for or consent to the vacation of streets and alleys;
5.5.10 Impose and collect any payments, fees or charges for the use, rental or operation of the
Common Elements, other than limited Common Elements described in 2.5 of this Declaration,
and for services provided to Unit Owners;
5.5.11 Impose and collect charges for late payment of Assessments pursuant to Section 7.2.10 of
this Declaration, and after notice and an opportunity to be heard by the Board or by such
representative designated by the Board and in accordance with such procedures as provided in
the Declaration or Bylaws or rules and regulations adopted by the Board, levy reasonable fines in
accordance with a previously established schedule thereof adopted by the Board and furnished to
the Unit Owners for violations of the Declaration, Bylaws and rules and regulations of the
Association;
5.5.12 Impose and collect reasonable charges for the preparation and recording of amendments
to the Declaration, for resale certificates required by RCW 64.34.425, and for statements of
unpaid Assessments;
5.5.13 Provide for the indemnification of its officers and Board and maintain directors' and
officers' liability insurance;
5.5.14 Assign its right to future income, including the right to receive Common Expense
Assessments, but only to the extent the Declaration provides;
5.5.15 Exercise any other powers conferred by the Declaration or Bylaws;
5.5.16 Exercise all other powers that may be exercised in this state by the same type of
corporation as the Association; and
5.5.17 Exercise any other powers necessary and proper for the governance and operation of the
Association.
SECTION 6 - ASSOCIATION LITIGATION
6.1 Definitions.
The following definitions shall apply in this SECTION 6:
6.1.1 "Legal Proceedings" shall include litigation, administrative, mediation, arbitration or other
proceedings in the name of the Association on behalf of itself or two (2) or more Unit Owners on
matters affecting the Condominium. Legal Proceedings include Construction Defect Actions.
6.1.2 "Construction Defect Action" means any civil lawsuit or action in contract or tort for
damages or indemnity brought against a Construction Professional to assert a claim, whether by
complaint, counterclaim. or cross-claim. for damage or the loss of use of real or personal
property caused by a defect in the construction of a Unit or in the substantial remodel of a Unit.
"Action" does not include any civil action in tort alleging personal injury or wrongful death to a
person or persons resulting from a construction defect. I
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐23
6.1.3 "Construction Professional" means an architect, builder, builder vendor, contractor,
subcontractor, engineer, or inspector, including, but not limited to, a dealer as defined in RCW
64.34.020(12) and a Declarant as defined in RCW 64.34.020(13), performing or furnishing the
design, supervision, inspection, construction, or observation of the construction of any
improvement to real property, whether operating as a sole proprietor, partnership, corporation, or
other business entity.
6.2 Scope. The provisions of this Section 6.2 shall not apply to Legal Proceedings wherein the
Association could incur in the aggregate not more than Five Thousand Dollars ($5,000) in fees
and costs (including fees for attorneys, experts, witnesses, investigations and other costs of suit)
or Legal Proceedings which involve any of the following:
6.2.1 Collection of delinquent regular or special Assessments, the enforcement of any
Assessment lien, and interest and penalties in connection therewith;
6.2.2 Collection of monies owed to the Association, or recovery of damages caused to the
Association or Condominium (or any part thereof), when the principal amount to be recovered
involves less than Twenty-five Thousand Dollars ($25,000);
6.2.3 Enforcement of the provisions of the Declaration, Articles, Bylaws or rules and regulations
of the Association;
6.2.4 Defense of a claim against the Association, when the principal amount to be recovered
involves less than Twenty-five Thousand Dollars ($25,000); or
6.2.5 The filing of a complaint, answer or other pleading for the limited purpose of satisfying a
statute of limitation deadline, avoiding entry of a default order or judgment, or preventing
personal injury or serious harm to the Condominium (if such purpose is certified in good faith by
the Association's attorney), but except for this limited purpose the other conditions of SECTION
6 must be satisfied.
6.3 Conditions for Participation in Legal Proceedings.
In order for the Association to institute, defend, or intervene in Legal Proceedings, and in order
for the Association to become obligated in the aggregate sum in excess of Five Thousand Dollars
($5,000) to professionals, consultants or other experts in connection with Legal Proceedings, the
following conditions must first be satisfied:
6.3.1 The Board, in conjunction with its legal counsel, shall compile a detailed written summary
("Litigation Summary'') concerning the substance of the proceeding, including: (i) the nature of
the action and the relief sought on behalf of and/or against the Association; (ii)agreements with
lawyers, experts and consultants; (iii)legal and factual basis of anticipated allegations on behalf
of and against the Association; (iv) estimated amount to be sought on behalf of, and/or that could
be sought from, the Association; (v) the expenses and fees that the Board anticipates will be
incurred in prosecuting the Legal Proceedings, including but not limited to estimated fees for
attorneys, experts, witnesses, investigations and other costs of suits, and any third-party costs of
suit that the Association would pay if the Association does not prevail; (vi) reports and
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐24
recommendations by any professionals or consultants retained by the Association and by any
opposing party, if available; (vii) any written demands or settlement offers made by an opposing
party; and (viii) any negative consequences that the Association, Condominium or Owners could
suffer during such proceedings including required disclosures to prospective purchasers,
impediments to Unit refinancing, or diminishment of Unit value.
6.3.2 If the proceeding will involve a claim against the Declarant or other Construction
Professional concerning construction defects or other condition of the Condominium, the
Litigation Summary shall also include a copy of the notice to the Construction Professional sent
pursuant to Section 6.4 and any written response from the Declarant concerning such defects,
including any offer to settle by performing remedial work, payment of cash or a combination of
both.
6.3.3 The Board shall call a special meeting of the Unit Owners as provided in this Declaration
and the Bylaws to authorize the Association to institute, defend, or intervene in Legal
Proceedings. Written notice of the special meeting shall include a copy of the Litigation
Summary, and notice of the Unit Owner's right of access to the Books and Records of the
Association as provided in Section 9.2. If the claim involves a construction defect or other
condition of the Condominium or if the Declarant may be a party to the Legal Proceedings,
written notice of the special meeting shall also be given to the Declarant at least ten (10) days
prior to such meeting. The Declarant and its representatives shall be entitled to attend such
meeting and participate on a non-voting basis.
6.3.4 The Unit Owners holding sixty-seven percent (67%) of the total Association voting power
must authorize the Association to institute, defend, or intervene in Legal Proceedings.
6.4 Notice to Construction Professional. In every Construction Defect Action brought against a
Construction Professional, in addition to those requirements set forth in Section 6.3, the
following procedures shall apply:
6.4.1 The Board shall, no later than forty-five (45) days before filing an action, serve written
notice of claim on the Construction Professional. The notice of claim shall state that the
Association asserts a construction defect claim against the Construction Professional and shall
describe the claim in reasonable detail sufficient to determine the general nature of the defect.
Within twenty-one (21) days after service of the notice of claim, the Construction Professional
shall serve a written response on the Association by registered mail or personal service. The
written response shall:
(a) Propose to inspect the improvements to the Condominium that are the subject of the claim
and to complete the inspection within a specified time frame. The proposal shall include the
statement that the Construction Professional shall, based on the inspection, offer to remedy the
defect, compromise by payment, or dispute the claim;
(b) Offer to compromise and settle the claim by monetary payment without inspection. A
Construction Professional's offer under this Section 6.4.1(b) to compromise and settle a claim
may include, but is not limited to, an express offer to purchase the Unites), Common Elements or
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐25
Limited Common Elements that is the subject of the claim, and to pay the affected Unit Owners'
reasonable relocation costs; or (c) State that the Construction Professional disputes the claim and
will neither remedy the construction defect nor compromise and settle the claim.
6.4.2 If the Construction Professional disputes the claim or does not respond to the Board's
notice of claim within the time stated in Section 6.4.1, upon compliance with the other
requirements of Section 6.3 the Board may bring a Construction Defect Action against the
Construction Professional for the claim described in the notice of claim without further notice.
6.4.3 If the Board rejects the inspection proposal or the settlement offer made by the
Construction Professional pursuant to Section 6.4.1, the Board shall serve written notice of the
Board's rejection on the Construction Professional. After service of the rejection and upon
compliance with the other requirements of Section 6.3, the Board may bring a Construction
Defect Action against the Construction Professional for the construction defect claim described
in the notice of claim. If the Construction Professional has not received from the Board, within
thirty (30) days after the Board's receipt of the Construction Professional's response, either an
acceptance or rejection of the inspection proposal or settlement offer, then at any time thereafter
the Construction Professional may terminate the proposal or offer by serving written notice to the
Board, and the Board may thereafter bring a Construction Defect Action against the Construction
Professional for the construction defect claim described in the notice of claim.
6.4.4 If the Board elects to allow the Construction Professional to inspect in accordance with the
Construction Professional's proposal pursuant to Section 6.4.1(a), the Board shall provide the
Construction Professional and its contractors or other agents reasonable access to the
Condominium during normal working hours to inspect the premises and the claimed defect.
Within fourteen (14) days following completion of the inspection, the Construction Professional
shall serve on the Board:
(a) A written offer to remedy the construction defect at no cost to the Board, including a report of
the scope of the inspection, the findings and results of the inspection, a description of the
additional construction necessary to remedy the defect described in the claim, and a timetable for
the completion of such construction;
(b) A written offer to compromise and settle the claim by monetary payment pursuant to Section
6.4.1(b); or (c) further to remedy the defect.
6.4.5 If the Construction Professional does not proceed further to remedy the construction defect
within the agreed timetable, or if the Construction Professional fails to comply with the
provisions of Section 6.4.4, upon compliance with the other requirements of Section 6.3 the
Board may bring a Construction Defect Action against the Construction Professional for the
claim described in the notice of claim without further notice.
6.4.6 If the Board rejects the offer made by the Construction Professional pursuant to Section
6.4.4 (a) or (b) to either remedy the construction defect or to compromise and settle the claim by
monetary payment., the Board shall serve written notice of the Board's rejection on the
Construction Professional After service of the rejection notice and upon compliance with the
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐26
other requirements of Section 6.3, the Board may bring an action against the Construction
Professional for the construction defect claim described in the notice of claim. If the
Construction Professional has not received from the Board, within thirty (30) days after the
Board's receipt of the Construction Professional's response, either an acceptance or rejection of
the offer made pursuant to Section 6.4.4(a) or 6.4.4(b), then at anytime thereafter the
Construction Professional may terminate the offer by serving written notice to the Board. 6.4.7 If
the Board elects to accept the offer of a Construction Professional to remedy the construction
defect pursuant to Section 6.4.4(a) or 6.4.4(b), it shall do so by serving the Construction
Professional with a written notice of acceptance within a reasonable time period after receipt of
the offer, and no later than thirty (30) days after receipt of the offer. The Board shall provide the
Construction Professional and its contractors or other agents reasonable access to the
Condominium during normal working hours to perform and complete the construction by the
timetable stated in the offer. The Board and the Construction Professional may, by written
mutual agreement, alter the extent of construction or the timetable for completion of construction
stated in the offer, including, but not limited to, repair of additional defects
6.5 Effect of Failure to Provide Notice.
As provided in Chapter 64.50 RCW, any Construction Defect Action commenced by the Board
prior to compliance with the requirements of Section 6.4 shall be subject to dismissal without
prejudice, and may not be recommenced until the Board has complied with the requirements of
Section 6.4.
6.6 Effect of Failure to Comply with Agreement.
Nothing in Sections 6.4 or 6.5 may be construed to prevent the Board from commencing a
Construction Defect Action on the construction defect claim described in the notice of claim if
the Construction Professional fails to perform the construction agreed upon, fails to remedy the
defect, or fails to perform by the timetable agreed upon pursuant to Sections 6.4.1(a) or 6.4.7.
6.7 Amendments to Notice.
Prior to commencing any Construction Defect Action. or after the dismissal of any Construction
Defect Action without prejudice pursuant to Section 6.5, the Board may amend the notice of
claim to include construction defects discovered after the service of the original notice of claim,
and must otherwise comply with the requirements of Section 6.4 for the additional claims. The
service of an amended notice of claim shall relate back to the original notice of claim for
purposes of tolling statutes of limitations and repose. Claims for defects discovered after the
commencement or recommencement of an action may be added to such action only after
providing notice to the Construction Professional of the defect and allowing for response under
Section 6.4.
SECTION 7 - COMMON EXPENSES - ASSESSMENTS
7.1 Prior to Initial Assessment: Until the Association makes a Common Expense Assessment,
Declarant shall pay all Common Expenses.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐27
7.2 Assessments and Budget (for Common Expenses
7.2.1 Annual Budget of Common Expenses. Prior to the sale of the first Unit by Declarant, and
thereafter within sixty (60) days prior to the beginning of each fiscal year, the Board (or
Declarant, prior to the appointment or election of the Board) shall estimate the Common
Expenses which it anticipates will be incurred during the forthcoming fiscal year, and determine
the monthly Assessments and any Special Assessments to be paid during such year. The Board
shall establish the dates for the fiscal year consistent with the needs of the Association. The
Board shall also make provision for creating, funding and maintaining reasonable reserves for
contingencies, operations, and repair, replacement and acquisition of Common Elements; and
shall take into account any expected income and any surplus available from the prior year's
operations. The determination and collection of Assessments for any initial partial year of
operation of Grant Place Townhomes, may be made by Declarant or the Board at any reasonable
time. If at any time during the budget year the sum estimated and budgeted at any time proves
inadequate for any reason (including nonpayment for any reason of any Unit Owner's
assessment), the Board may at any time levy a further assessment, which shall be assessed to the
Unit Owners.
7.2.2 Approval of Budget. Within thirty (30) days after adoption of any proposed budget for the
Condominium, the Board shall provide a summary of the budget to all the Unit Owners and shall
set a date for a meeting of the Unit Owners to consider ratification of the budget not less than
fourteen (14) nor more than sixty (60) days after mailing of the summary. Unless at that meeting
the Unit Owners of Units to which a majority of the votes in the Association are allocated, or any
larger percentage specified in the Declaration, 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 Unit Owners shall be continued until such time as
the Unit Owners ratify a subsequent budget proposed by the Board.
7.2.3 Assessments. The Board may also, from time to time, impose such Special Assessments as
may be determined by the Board, subject to the restrictions in this Declaration and the Bylaws.
7.2.4 Initial Payment for Working Capital: Declarant shall collect from each Purchaser an
amount equal to at least two (2) months' Assessments at the time of the first conveyance of each
Unit to establish a sufficient initial working capital fund. This initial payment into the fund shall
be in addition to the Assessment for the first month which each Purchaser of a Unit from
Declarant will pay at the time of closing of the sale. Each Unit's share of the working capital
fund must be collected and transferred to the Association at the time of closing of the sale of
each Unit and maintained in a separate account segregated from all other funds of the
Association for the use and benefit of the Association. The purpose of the fund is to ensure that
the Association will have cash available to meet unforeseen expenditures, or to acquire
additional equipment or services deemed necessary or desirable by the Board Amounts paid into
the fund are not to be considered as advance payments of regular Assessments. Within thirty (30)
days of the election of the first Board by Unit Owners other than Declarant, Declarant shall
deposit a sum equal to at least two (2) months' Assessments in the working capital fund for each
existing but unsold Unit. Thereafter, at the time of the conveyance of each such Unit, Declarant
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐28
shall be reimbursed for the working capital deposit for that Unit from the funds collected from
the Purchaser. The Declarant shall not use any of the working capital funds to defray any of its
expenses, reserve contributions, or construction costs, or to make up any budget deficits prior to
the date that control of the Association is transferred to the Unit Owners.
7.2.5 Liability for Assessment Payments: All Common Expenses shall be assessed against all
Units based on the relative interests in the Common Elements set forth in Exhibit B. Assessments
to pay a judgment against the Association resulting from a foreclosure of a lien against the
Association shall be made only against the Units in the Condominium at the time the judgment
was entered in proportion to their allocated Common Expense Liabilities at the time the
judgment was entered. To the extent that any Common Expense is caused by the misconduct of
any Unit Owner(s), the Association may assess that expense against that Unit.
(a) Any Common Expense associated with the operation, maintenance, repair, or replacement of
a Limited Common Element shall be assessed against the Owner(s) of the Units to which that
Limited Common Element is assigned, in equal shares.
(b) Any Common Expense (including but not limited to garbage) or portion thereof benefiting
fewer than all of the Units shall be assessed exclusively against the Units benefited.
7.2.6 Payment by Unit Owners. Each Unit Owner shall be obligated to pay its share of Common
Expenses and special charges made pursuant to this Section to the Association in equal monthly
installments on or before the first day of each month, or in such other reasonable manner as the
Board shall designate. No Owner may exempt himself from liability for payment of Assessments
for any reason, including waiver of use or enjoyment of any of the Common Elements or
abandonment of the Unit Owner's Unit.
7.2.7 Commencement of Assessments. Assessments for each Unit Owner shall begin on the date
said Owner closes the transaction in which he acquires right, title or interest in the Unit.
Declarant shall commence payment of Assessments for existing but unsold Units no later than
sixty (60) days after the conveyance of the first Unit. In the alternative, Declarant may, at its
option, elect to continue to pay all operating expenses for Grant Place Townhomes, after
conveyance of the first Unit in each Building and commence the Assessments at a later time.
Whenever Assessments are thereafter commenced and required from any Unit Owners,
Assessments shall be required from all Unit Owners, including Declarant for existing Units then
owned by Declarant. Assessments for the initial month shall be prorated if closing occurs on
other than the first of the month.
7.2.8 Foreclosure by Mortgagees: Subject to Section 8.2, the holder of a Mortgage or other
Purchaser of a Unit who obtains the right of possession of the Unit through foreclosure shall not
be liable for Assessments that became due prior to such right of possession. Such unpaid
Assessments shall be deemed to be Common Expenses collectible from all the Unit Owners,
including such Mortgagee or other Purchaser of such Unit. Foreclosure of a Mortgage does not
relieve the prior Unit Owner of personal liability for Assessments accruing against the Unit prior
to the date of such sale as provided in this Section.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐29
7.2.9 Security Deposit. From time to time, the Board may, at its sole discretion, require a Unit
Owner to make and maintain a security deposit not in excess of three (3) months estimated
monthly Assessments, which may be collected as are other Assessments. Such deposit shall be
held in a separate fund, credited to such Unit Owner, and resort may be had thereto at any time
when such Owner is fifteen (15) days or more delinquent in paying his monthly or other
Assessments.
7.2.10 Interest. Late Charges. Expenses and Attorneys' Fees. As part of its collection of
delinquent Assessments, the Association shall be entitled to recover interest for the period of
delinquency, late charges, expenses of collection, and attorneys' fees incurred by the Association
whether or not a suit is commenced or prosecuted to judgment. In addition, the Association shall
be entitled to recover costs and reasonable attorneys' fees if it prevails on appeal and in the
enforcement of a judgment.
(a) The Association may, from time to time, establish reasonable late charges and a rate of
interest to be charged on all subsequent delinquent Assessments or installments thereof.
Delinquent Assessments shall bear interest from the date of delinquency at the maximum rate
permitted under RCW 19.52.020 on the date on which the Assessments became delinquent.
(b) The Association may impose a late charge in an amount not exceeding ten (10%) of any
unpaid Assessment or charge which had remained delinquent for more than fifteen (15) days.
7.2.11 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 in this Declaration.
7.3 Surplus Funds
Any surplus funds of the Association remaining after payment of or provision for Common
Expenses and any prepayment of reserves shall, in the discretion of the Board, either be paid to
the Unit Owners in proportion to their Common Expense Liabilities or credited to them to reduce
their future Assessments.
SECTION 8- LIENS FOR ASSESSMENTS
8.1 Lien in Favor of Association
The Association has a lien on a Unit for any unpaid Assessments levied against a Unit from the
time the Assessment is due. Fees, collection costs, late charges, fines, and interest charged by the
Association are enforceable as Assessments and are subject to the Association's lien on said Unit.
If an Assessment is payable in installments, the Association has a lien for the full amount of the
Assessment from the time the first installment is due.
8.2 Priority of Association Lien
8.2.1 General Priority. The lien of the Association under this Section shall be prior to all other
liens and encumbrances on a Unit, except: (a) Liens and encumbrances recorded before the
recording of the Declaration; (b) a Mortgage on the Unit recorded before the date on which the
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐30
Assessment sought to be enforced became delinquent; or (c) liens for Real Property taxes and
other governmental assessments or charges against the Unit
8.2.2 Priority Over Mortgages Encumbering Individual Units.
(a) If the Association elects to foreclose its lien under Section 8.5 of this Declaration, the lien
shall also be prior to the Mortgages described in Section 8.2.1 of this Declaration to the extent of
Assessments for Common Expenses, excluding any amounts for capital improvements, based On
the periodic budget adopted by the Association pursuant to this Declaration which would have
become due, in the absence of acceleration, during the six (6) months immediately preceding the
date of a sheriff's sale in an action for judicial foreclosure by either the Association or a
Mortgagee, the date of a trustee's sale in a nonjudicial foreclosure by a Mortgagee, or the date of
recording of the declaration of forfeiture in a proceeding by the vendor under a real estate
contract
(b) The priority of the Association's lien against Units encumbered by a Mortgage held by an
Eligible Mortgagee or by a first Mortgagee which has given the Association a written request for
a notice of delinquent Assessments shall be reduced by up to three (3) months if and to the extent
its foreclosure includes delinquencies which relate to a period after such holder becomes an
Eligible Mortgagee or has given such notice and before the Association gives the holder a
written notice of the delinquency. (c) This subsection 8.2.2 does not affect the priority of
mechanics' or materialmen's liens, or the priority of liens for other Assessments made by the
Association.
8.3 Recording Not Required
Recording of this Declaration constitutes record notice and perfection of the lien for
Assessments. While no further recording of any claim of lien for Assessment under this Section
shall be required to perfect the Association's lien, the Association may record a notice of claim of
lien for Assessments under this Section in the Real Property records of King County. Such
recording shall not constitute the written notice of delinquency to a Mortgagee referred to in
Section 8.2.2 of this Declaration.
8.4 Limitation on Enforcement
A lien for unpaid Assessments is extinguished unless legal proceedings to enforce the lien are
instituted within three (3) years after the amount of the Assessments sought to be recovered
becomes due.
8.5 Enforcement of Lien
8.5.1 The lien arising under this Section may be enforced judicially by the Association or its
authorized representative in the manner set forth in Chapter 61.12 RCW or nonjudicially in the
manner set forth in Chapter 61.24 RCW for nonjudicial foreclosure of deeds of trust. For the
purpose of preserving the Association's nonjudicial foreclosure option, this Declaration shall be
considered to create a grant of each Unit in trust to Chicago Title Insurance Company or its
successors and assigns (''Trustee''), to secure the obligations of each Unit Owner (“Grantor'') to
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐31
the Association (“Beneficiary”) for the payment of Assessments. Grantor shall retain the right to
possession of Grantor's Unit so long as Grantor is not in default of an obligation to pay
Assessments. The Trustee shall have a power of sale with respect to each Unit, which becomes
operative in the case of a default in a Grantor's obligation to pay assessments. The Units are not
used principally for agricultural or farming purposes.
8.5.2 The Association or its authorized representative shall have the power to purchase the Unit
at the foreclosure sale, whether judicial or nonjudicial, and to acquire, hold, lease, mortgage, or
convey the Unit to a third party. Upon an express waiver in the complaint of any right to a
deficiency judgment in a judicial foreclosure action, the period of redemption shall be eight (8)
months. Nothing in this Section shall prohibit the Association from accepting a deed in lieu of
foreclosure from the Owner of the Unit subject to the lien.
8.6 Appointment of Receiver
From the time of commencement of an action by the Association to foreclose a lien for
nonpayment of delinquent Assessments against a Unit that is not occupied by the Unit Owner
thereof, the Association shall be entitled to the appointment of a receiver to collect from the
lessee thereof the rent for the Unit as and when due. If the rental is not paid, the receiver may
obtain possession of the Unit, refurbish it to a reasonable standard for rental to others, and apply
the rents first to the cost of the receivership and attorneys' fees thereof, then to the cost of
refurbishing the Unit, then to applicable charges, then to costs, fees, and charges of the
foreclosure action, and then to the payment of the delinquent Assessments. A receiver shall not
be appointed less than ninety (90) days after the delinquency. The exercise by the Association of
the foregoing rights shall not affect the priority of preexisting liens on the Unit.
8.7 Personal Liability of Unit Owners: In addition to constituting a lien on the Unit, each
Assessment shall be the joint and several obligation of the Unit Owner or Unit Owners of the
Unit to which the same are assessed as of the time the Assessment is due. Suits to recover a
personal judgment for any delinquent Assessment shall be maintainable in any court of
competent jurisdiction without foreclosing or waiving the lien securing such sums.
8.8 Certificate of Assessment
The Association, upon written request, shall furnish to a Unit Owner or a Mortgagee of a Unit a
statement signed by an officer or authorized agent of the Association setting forth the amount of
unpaid Assessments against that Unit. The statement shall be furnished within fifteen (15) days
after receipt of the request and is binding on the Association, the Board, and every Unit Owner,
unless and to the extent known by the recipient to be false.
SECTION 9 - ASSOCIATION ACCOUNTS AND RECORDS
9.1 Bank Accounts
The Association shall maintain at least two (2) separate bank accounts.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐32
9.1.1 General Account. All Assessment payments shall be deposited in the general account and
thereafter distributed to other accounts or paid out for current expenses. This account shall
contain the funds paid to the Association pursuant to Section 7.2, and said funds shall be used for
the purposes set forth therein.
9.1.2 Reserve Account. Any reserve funds of the Association shall be kept in a segregated
account. Any transaction affecting such funds, including the issuance of checks, shall require the
signature of at least two (2) persons who are officers or directors of the Association.
9.1.3 No Commingling. The funds of the Association shall not be commingled with the funds of
any other association, nor with the funds of any officer, director or manager of the Association or
any other person responsible for the custody of such funds.
9.2 Books and Records of the Association
"Books and Records of the Association" shall be given the broadest possible meaning and shall
include, without limitation, exception or qualification, the following:
(a) Declaration, Survey Map and Plans, Articles of Incorporation, Bylaws and other rules and
regulations governing the Condominium (or any part thereto), and/or the Association, and all
amendments thereto.
(b) Minute books, including all minutes, of all Unit Owner, Board, officer, committee or other
meetings relating to the Condominium (or any part thereof), including all reports, documents,
communications or written instruments attached thereto or referenced therein;
(c) All financial records, including, without limitation, canceled checks, bank statements, and
financial statements of the Association and source documents from the time of incorporation of
the Association through the current date;
(d) All reports, documents, communications or written instruments pertaining to the personal
property of the Association or the Condominium (or any part thereof);
(e) All reports, documents, communications, written instruments, plans, and specifications
pertaining to the construction, remodeling, maintenance, repair, replacement or condition of the
Condominium (or any part thereof);
(f) All insurance policies or copies thereof for the Condominium (or any part thereof) and
Association; I
(g) Copies of any certificates of occupancy that may have been issued for the Condominium (or
any part thereof);
(h) Any other permits or notices issued by governmental bodies applicable to the Condominium
(or any part thereof) in force or issued;
(i) All written warranties that are still in effect for the Condominium (or any part thereof) or any
other areas or facilities which the Association has the responsibility to maintain and repair, from
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐33
the Declarant, contractor, subcontractors, suppliers, and manufacturers, together with all owners'
manuals or instructions furnished with respect to installed equipment or building systems;
j) A roster of Unit Owners, officers and Board members and eligible mortgagees and their
addresses and telephone numbers, if known;
(k) Any leases of the Common Elements or areas and other leases to which the Association is a
party; any employment, service, consultation, professional or other contracts in which the
Association, Board or officer is one of the contracting parties, or in which the Association or the
Unit Owners have an obligation or a responsibility, directly or indirectly, to pay some or all of
the fee or charge, or which in any way relate to the Condominium (or any part thereof);
(1) All reports, documents, communications or written instruments pertaining to any litigation or
other legal or mediation/arbitration proceeding (whether pending, threatened, or under
consideration) to which the Association (or Board, officer or Unit Owner) is or may be a party,
or which may relate to or affect the Condominium (or any part thereof); and
(m) All other reports, documents, communications or written instruments in any way relating to
or affecting the Association, Board, officers, Unit Owners or the Condominium (or any part
thereof).
9.3 Financial Records
The Board shall keep complete and accurate books and records of the receipts and expenditures
affecting the Common Elements, specifying and itemizing the maintenance and repair expenses
of the Common Elements and any other expenses incurred, together with any additional
information which may from time to time be designated by the Board. Such books and records
and the vouchers authorizing payments shall be available for examination by the Unit Owners,
their Mortgagees, agents or attorneys, at any reasonable time or times. All books and records
shall be kept in accordance with good accounting procedures.
9.3.1 Records for Resale Certificates. The Association shall keep financial records sufficiently
detailed to enable the Association to comply with requests for resale certificates pursuant to
RCW 64.34.425.
9.3.2 Financial Statements and Audits.
(a) At least one (1) copy of the annual financial statements shall be furnished to each Unit Owner
and any Mortgagee requesting the same within sixty (60) days following the end of the fiscal
year covered thereby or as soon thereafter as the statement shall be completed.
(b) An annual audit shall be made of the records and accounts of the Association.
SECTION 10 - DECLARANT CONTROL OF 1HE ASSOCIATION AND TRANSFER TO
UNIT OWNERS
10.1 Declarant Control
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐34
Subject to Section 5.4, Declarant may control the Association, and, acting alone, appoint and
remove the officers and members of the Board until the earlier of (a) sixty (60) days after
conveyance of seventy-five percent (75%) of the Units which may be created to Unit Owners
other than a Declarant; (b) two (2) years after the last conveyance or transfer of record of a Unit
except as security for a debt; (c) two (2) years after any Development Right to add new Units
was last exercised; or (d) the date on which Declarant records an amendment to the Declaration
pursuant to which Declarant voluntarily surrenders the right to further appoint and remove
officers and members of the Board. Declarant may voluntarily surrender the right to appoint and
remove officers and members of the Board before termination of that period pursuant to (a), (b)
and (c) of this Section, but in that event Declarant may require, for the duration of the period of
Declarant Control, that specified actions of the Association or Board, as described in a recorded
instrument executed by Declarant, be approved by Declarant before they become effective.
10.2 Transfer of Control of Association
Within sixty (60) days after termination of the period of Declarant Control pursuant to Section
10.1, the Declarant shall deliver to the Association all property of the Unit Owners and of the
Association held or controlled by Declarant, including. but not limited to:
10.2.1 The original or a photocopy of the recorded Declaration and each recorded amendment to
the Declaration;
10.2.2 The Certificate of Incorporation and a copy or duplicate original of the Articles of
Incorporation of the Association as filed with the Secretary of State;
10.2.3 The Bylaws of the Association;
10.24 The minute books, including all minutes, and other books and records of the Association;
10.2.5 Any rules and regulations that have been adopted;
10.2.6 Resignations of officers and members of the Board who are required to resign because
Declarant is required to relinquish control of the Association;
10.2.7 The financial records, including canceled checks, bank statements, and financial
statements of the Association, and source documents from the time of incorporation of the
Association through the date of transfer of control to the Unit Owners;
10.2.8 Association funds or the control of the funds of the Association;
10.2.9 All tangible personal property of the Association, if any, represented by Declarant to be
the property of the Association, or ostensibly the property of the Association, and an inventory of
the property;
10.2.10 Except for alterations to a Unit done by a Unit Owner other than Declarant, a copy of
Declarant's Plans and specifications utilized in the construction or remodeling of the
Condominium, with a certificate of Declarant or a licensed architect or engineer that the Plans
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐35
and specifications represent, to the best of their knowledge and belief, the actual Plans and
specifications utilized by Declarant in the construction or remodeling of the Condominium;
10.2.11 Insurance policies or copies thereof for the Condominium and Association;
10.2.12 Copies of any certificate(s) of occupancy that may have been issued for the
Condominium;
10.2.13 Any other permits issued by governmental bodies applicable to the Condominium in
force or issued within one (1) year before the date of transfer of control to the Unit Owners;
10.2.14 All written warranties that are still in effect for the Common Elements, or any other
areas or facilities which the Association has the responsibility to maintain and repair, from the
contractor, subcontractors, suppliers, and manufacturers and all owners' manuals or instructions
furnished to Declarant with respect to installed equipment or Building systems;
10.2.15 A roster of Unit Owners and Eligible Mortgagees and their addresses and telephone
numbers, if known, as shown on Declarant's records and the date of dosing of the first sale of
each Unit sold by Declarant;
10.2.16 Any leases of the Common Elements and other leases to which the Association is a
party;
10.2.17 Any employment contracts or service contracts in which the Association is one of the
contracting parties or service contracts in which the Association or the Unit Owners have an
obligation or a responsibility, directly or indirectly, to pay some or all of the fee or charge of the
person performing the service; and
10.2.18 All other contracts to which the Association is then a party.
10.3 Audit of Records Transferred
Upon the transfer of control to the Unit Owners, the records of the Association shall be audited
as of the date of transfer by an independent Certified Public Accountant in accordance with
generally accepted auditing standards unless the Unit Owners, other than Declarant, by two-
thirds (2/3) vote elect to waive the audit. The cost of the audit shall be a Common Expense
unless otherwise provided in the Declaration. The accountant performing the audit shall examine
supporting documents and records, including the cash disbursements and related paid invoices, to
determine if expenditures were for Association purposes and the billings, cash receipts, and
related records to determine if Declarant was charged for and paid the proper amount of
Assessments.
SECTION 11 - INSURANCE 11.1 Insurance Coverage Provided by the Association
Commencing not later than the time of the first conveyance of a Unit to a person other than
Declarant, the Association shall maintain, to the extent reasonably available:
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐36
11.1.1 Property Insurance. Property insurance, with extended coverage endorsements, in an
amount as near as practicable to the full insurable replacement value (without deduction for
depreciation, but less any other deductions which the Board may find reasonable after
consultation with insurance consultants), covering the Units and Common and Limited Common
Elements, and including all equipment, improvements, and betterments in a Unit installed by
Declarant or the Unit Owners, insuring against all risks of direct physical loss commonly insured
against. The full insurable replacement value, exclusive of the value of Land, excavations,
foundations, and other items normally excluded from property policies of property insurance,
shall be reviewed and adjusted as necessary at each renewal date.
11.1.2 Liability Insurance. General comprehensive liability insurance, including medical
payments insurance, insuring the Unit Owners, the Association, the Board, Declarant, and such
others as may be designated by the Board against liability to the public or to the Unit Owners,
and their invitees, guests, or tenants, incident to the ownership or use of the Units and Common
and Limited Common Elements (including but not limited to owned and nonowned automobile
liability) with coverage limits determined by the Board, but not less than $1,000,000 for personal
injuries and deaths arising out of a single occurrence, and $50,000 (per accident) for property
damage. Each such policy shall contain a Severability of Interest Endorsement or its equivalent
which would preclude the insurer from denying a claim of the negligent acts or omissions of the
Association or another Unit Owner. Each such policy shall contain protection against water
damage liability, liability for nonowned and hired automobiles, liability for the property of others
and any other coverage which may, from time to time, be required by regulations of the Federal
National Mortgage Association (FNMA), Federal Home Loan Mortgage Corporation (FHLMC),
Federal Housing Authority (FHA), Veterans Administration 0lA)" Government National
Mortgage Association (GNMA), or other governmental or quasi-governmental agencies involved
in the secondary mortgage market, so long as it may be a Mortgagee or Unit Owner within the
project, except to the extent such coverage is not available or has been waived by such agency.
11.1.3 Worker's Compensation. Worker's compensation insurance to the extent required by
applicable laws.
11.1.4 Personal Property Insurance. Insurance against loss of personal property of the
Association by fire, theft and other losses, with such deductible provisions as the Board deems
advisable.
11.1.5 Directors and Officers Insurance. Insurance coverage, in such amounts as the Board may
in its discretion determine, to indemnify the directors, officers and agents of the Association
pursuant to Section 15.3.
11.1.6 Fidelity Bonds. Fidelity bonds naming the members of the Board, the manager (if any)
and its employees and such other persons as may be designated by the Board as principals and
the Association as obligee. in an amount at least equal to three months assessments for all Units
plus reserves, in the custody of the Association or manager at any given time during the term of
each bond Such fidelity bonds shall contain waivers of any defense based on the exclusion of
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐37
persons who server without compensation from any definitions of "employee" or similar
expression.
11.1.7 Other Insurance. Such other insurance as the Board deems advisable.
11.2 Insurance Ratings All insurance shall be obtained from an insurance carrier or carriers rated
Class B or better general policyholder's rating by "Best's Key Rating Guide" or equivalent rating
service, and licensed to do business in the State of Washington, or from Lloyd's of London. The
Board shall have the insurance coverage reviewed by the insurance consultants of the
Association not less often than once every year with respect to the adequacy of the policy limits
and coverage.
11.3 Notices to Unit Owners Regarding Availability of Insurance Contracts
If the insurance described in this Section is not reasonably available, the Association promptly
shall send notice of that fact to be hand-delivered or sent prepaid by first class United States mail
to all Unit Owners, to each Eligible Mortgagee, and to each Mortgagee to whom a certificate or
memorandum of insurance has been issued at their respective last known addresses.
11.4 Special Policy Requirements
Insurance policies carried pursuant to Section 11.1.1 shall provide that:
11.4.1 Each Unit Owner is an insured person under the policy with respect to liability arising out
of the Unit Owner's interest in the Common Elements or membership in the Association;
11.4.2 The insurer waives its right to subrogation under the policy against any Unit Owner, and
any member of the Unit Owner's household;
11.4.3 No act or omission by any Unit Owner, unless acting within the scope of the Unit Owner's
authority on behalf of the Association, will void the policy or be a condition to recovery under
the policy; 11.4.4 If, at the time of a loss under the policy, there is other insurance in the name of
a Unit Owner covering the same risk covered by the policy, the Association's policy provides
primary insurance; 11.4.5 The insurer shall not be relieved from liability for loss occurring while
the hazard to such Building(s) is increased, whether or not within the knowledge or control of the
Board, or because of any breach of warranty or condition or any other act or neglect by the
Board, the Unit Owners or any other persons acting under authority of any of them;
11.4.6 The policy may not be cancelled (whether or not requested by the Board) except by the
insurer giving at least thirty (30) days prior written notice thereof to the Board and every other
person in interest who shall have requested such notice of the insurer;
11.4.7 The policy contains a cross-liability endorsement wherein the rights of an insured party
under the policy or policies shall not be prejudiced as respects actions against another insured
party thereunder, or other equivalent coverage in cases of liability of the Association or Unit
Owners to other Unit Owners; and
11.4.8 The policy contains a standard mortgagee clause which shall:
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐38
(a) Provide that any reference to a Mortgagee in such policy shall mean and include all holders
of Mortgages of a Unit or a Unit lease or sublease, in their respective order and preference,
whether or not named therein;
(b) Provide that such insurance as to the interest of any Mortgagee shall not be invalidated by
any act or neglect of the Board, and Unit Owners or any persons acting under authority of any of
them; and
(c) Waive any provision invalidating such mortgage clause by reason of the failure of any
Mortgagee to notify the insurer of any hazardous use or vacancy, any requirement that the
Mortgagee pay any premium thereon, and any contribution clause.
11.5 Unit Owner's Additional Insurance
Each Unit Owner may, at his own expense, obtain additional insurance covering his Unit.
However, no Unit Owner shall be entitled to maintain insurance coverage in any manner which
would decrease the amount which the Board, or any trustee for the Board, on behalf of all of the
Unit Owners, would otherwise realize under any insurance policy which the Board may have in
force at any particular time. Each Unit Owner shall notify the Board of all improvements made
by the Unit Owner to his Unit, if the value thereof is in excess of One Thousand Dollars
($1,000). Any Unit Owner who obtains individual insurance policies covering any portion of
Grant Place Townhomes, a Condominium, other than personal property belonging to such Unit
Owner, shall file a copy of such individual policy or policies with the Board within thirty (30)
days after purchase of such insurance, and the Board may review its effect with the Association's
insurance consultants.
11.6 Insurance Proceeds
Insurance proceeds for damage or destruction to any part of the Property shall be paid to an
insurance trustee designated by the Board, on behalf of the Association, which shall segregate
such proceeds from other funds of the Association for use and payment as provided for in
SECTION 12. The Association, acting through the Board, shall have the authority to settle and
compromise any claim under insurance obtained by the Association and the insurer may accept a
release and discharge of liability made by the Board on behalf of the named insureds under the
policy; provided, however, that no provision of this Declaration shall entitle any Unit Owner or
any other party to priority over the Mortgagee of that Unit with respect to the distribution of any
insurance proceeds. Subject to the provisions of Section 12.1, the proceeds must be disbursed
first for the repair or restoration of the damaged property, and Unit Owners and lienholders are
not entitled to receive payment of any portion of the proceeds unless there is a surplus of
proceeds after the property has been completely repaired or restored, or the Condominium is
terminated.
SECTION 12 - DAMAGE OR DESTRUCTION - REPAIR AND RECONSTRUCTION
12.1 Initial Board Determinations
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐39
In the event of damage or destruction to any part of the Property, the Board shall promptly, and
in all events within thirty (30) days after the date of damage or destruction, make the following
determinations with respect thereto employing such advice as the Board deems advisable:
12.1.1 The nature and extent of the damage or destruction, together with an inventory of the
improvements and property directly affected thereby.
12.1.2 An estimate of the cost to repair and reconstruct the damage and destruction, which
estimate shall, if practicable, be based upon two (2) or more firm bids obtained from responsible
contractors.
12.1.3 The anticipated insurance proceeds, if any, which will be available from insurance
covering the loss, based on the amount paid or initially offered by the insurer.
12.1.4 The amount, if any, that the estimated cost of repair and reconstruction will exceed the
anticipated insurance proceeds, and the amount of any Special Assessment which will be
necessary in such event.
12.1.5 The Board's recommendations as to whether such damage or destruction should be
repaired or reconstructed.
12.2 Notice of Damage or Destruction
The Board shall promptly, and in all events within thirty (30) days after the date of damage or
destruction, provide each Unit Owner and each Mortgagee with a written notice summarizing the
initial Board determinations made under Section 12.1. If the Board fails to do so within said
thirty (30) days, then any Unit Owner or Mortgagee may make the determinations required under
Section 12.1 and give the notice required under this Section. 12.3 Definitions
As used in this Section, the words "repair," "reconstruct," "rebuild" or "restore" mean restoring
the Building, the Common and Limited Common Elements to substantially the same condition in
which they existed prior to the damage or destruction, with each Unit and the Common and
Limited Common Elements having substantially the same vertical and horizontal boundaries as
before. Modifications to conform to then applicable governmental rules and regulations or
available means or construction may be made. As used in this SECTION 12, the term
"emergency work" means that work which the Board deems reasonably necessary to avoid
further damage, destruction or substantial diminution in value to the improvements and to
reasonably protect the Unit Owners from liability from the condition of the site.
12.4 Reconstruction
12.4.1 Unless prior to the commencement of repair and reconstruction work (other than
emergency work) the Unit Owners shall have decided not to repair and reconstruct in accordance
with the provisions of either Section 12.5.3 or 12.6.3, the Board shall promptly repair and
reconstruct the damage and destruction, use the available insurance proceeds therefore, and pay
for the actual cost of repair and reconstruction in excess of insurance proceeds secured as a
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐40
Common Expense which shall be specially assessed against all Units in proportion to their
allocated undivided interests in the Common Elements.
12.4.2 The Board shall have the authority to employ architects and attorneys, advertise for bids,
let contracts to contractors and others, and to take such other action as is reasonably necessary to
accomplish the repair and reconstruction. The Board may, in its discretion, authorize the
insurance carrier involved to proceed with the repair and reconstruction.
12.5 Limited Damage -Assessment Under $10,000
If the amount of the estimated Assessment determined under Section 12.1.4 does not exceed Ten
Thousand Dollars ($10,000) for any one (1) Unit, the following provisions shall apply:
12.5.1 Either the Board or a requisite number of Unit Owners, within fifteen (15) days after the
notice required under Section 12.2 has been given, may, but shall not be required to, call a
special meeting of the Association to consider such repair and reconstruction.
12.5.2 Except for emergency work, no repair or reconstruction shall commence until after said
fifteen (15) day period and until after the conclusion of said special meeting if such meeting is
called within said fifteen (15) days.
12.5.3 A unanimous decision of the Unit Owners shall be required to avoid the provisions of
subsection 12.4.1 and to determine not to repair and rebuild the damage and destruction;
provided, that the failure of the Board or the Unit Owners within said fifteen (15) day period to
call for said special meeting shall be conclusively deemed a unanimous decision to undertake
such work.
12.6 Major Damage - Assessment Over $10,000
If the amount of the estimated Assessment determined under Section 12.1.4 exceeds Ten
Thousand Dollars ($10,000) for anyone (1) Unit, the following provisions shall apply:
12.6.1 The Board shall promptly, and in all events within thirty (30) days after the date of
damage or destruction, call a special meeting of the Association to consider repair and
reconstruction of such damage or destruction. If the Board fails to do so within said thirty (30)
day period, then any Unit Owner or Mortgagee may convene and conduct the meeting required
under this Section.
12.6.2 Except for emergency work. no repair or reconstruction shall commence until the
conclusion of the special meeting of the Association required under subsection 12.6.1.
12.6.3 A concurring vote of eighty percent (80%) or more of the total voting power will be
required to avoid the provision of Section 12.4.1 and to determine not to repair or reconstruct the
damage or destruction; provided, that failure of the Board, the Unit Owners, or Mortgagees to
convene the special meeting required under Section 12.6.1 within thirty (30) days after the date
of damage or destruction shall be deemed a unanimous decision not to undertake such repair and
reconstruction.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐41
12.7 Decision Not to Restore - Disposition
In the event of a decision under either subsection 12.5.3 or 12.6.3 not to repair or reconstruct
damage or destruction, the Board may nevertheless expend such of the insurance proceeds and
Common Expense funds as the Board deems reasonably necessary for emergency work (which
emergency work may include, but is not necessarily limited to, removal of the damaged or
destroyed Building, and clearing, filling and grading the Land), and any remaining funds and the
Property shall thereafter be held and distributed as follows: (a) The insurance proceeds
attributable to the damaged Common Elements shall be used to restore the damaged area to a
condition compatible with the remainder of the Condominium; (b) the insurance proceeds
attributable to Units and Limited Common Elements which are not rebuilt shall be distributed to
the Owners of those Units and the Owners of the Units to which those Limited Common
Elements were allocated, or to lienholders, as their interests may appear; and (c) the remainder of
the proceeds shall be distributed to all the Unit Owners or lienholders, as their interest may
appear, in proportion to their allocated undivided interests of all the Units in the Common
Elements. If the Unit Owners vote not to rebuild a Unit, that Unit's allocated interests are
automatically reallocated upon the vote as if the Unit had been condemned pursuant to
SECTION 13 of the Declaration, and the Association promptly shall prepare, execute, and record
an amendment to the Declaration reflecting the reallocations. Notwithstanding the provisions of
this Section, Section 12.1 of this Declaration governs the distribution of insurance proceeds if the
Condominium is terminated.
12.8 Miscellaneous: The provisions of this Section shall constitute the procedure by which a
determination is made by the Unit Owners to repair or reconstruct as provided in the Act. By
accepting an interest in the Property, each Unit Owner and party claiming by, through, or under
such Unit Owner hereby consents and agrees to the provisions hereof. In the event that any
provision of this Section shall be determined to be invalid or unenforceable by any court of
competent jurisdiction, such determination shall not affect the validity of any other provision of
this Declaration. The purpose of this Section shall be to provide a fair and equitable method of
allocating the costs of repair and reconstruction and making a determination for repair and
reconstruction, if all or a portion of the improvements are damaged or destroyed, and the
provisions hereof shall be liberally construed to accomplish such purpose.
SECTION 13 - CONDEMNATION
13.1 Total Condemnation or Taking of a Unit
If a Unit is acquired by condemnation, or if part of a Unit is acquired by condemnation leaving
the Unit Owner with a remnant of a Unit which may not practically or lawfully be used for any
purpose permitted by the Declaration, the award must compensate the Unit Owner for the
Owner's Unit and its appurtenant interest in the Common Elements, whether or not any Common
Elements are acquired. Upon acquisition, unless the decree otherwise provides, that Unit's
allocated interests are automatically reallocated to the remaining Units before the taking, and the
Association shall promptly prepare, execute, and record an amendment to the Declaration
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐42
reflecting the reallocations. Any remnant of a Unit remaining after part of a Unit is taken as
described in this Section shall thereafter be a Common Element.
13.2 Partial Condemnation or Taking of a Unit: If part of a Unit is acquired by condemnation,
the award must compensate the Unit Owner for the reduction in value of the Unit and its
appurtenant interest in the Common Elements, whether or not any Common Elements are
acquired. Upon acquisition, unless the decree otherwise provides: (a) that Unit's allocated
undivided interest shall be reduced in proportion to the reduction in the size of the Unit, or on
any other basis specified in the Declaration; and (b) the portion of the allocated interests divested
from the partially acquired Unit shall be automatically reallocated to that Unit and the remaining
Units in proportion to the respective allocated interests of those Units before the taking, with the
partially acquired Unit participating in the reallocation on the basis of its reduced allocated
interests.
13.3 Partial Condemnation or Taking of Common Elements
If part of the Common Elements is acquired by condemnation, the portion of the award
attributable to the Common Elements taken shall be paid to the Board, which shall use the award
to repair and reconstruct the damage done to the remaining Common Elements, and the
remaining sum shall be treated as surplus funds under Section 7.3 of this Declaration.
13.4 Power of Attorney
Each Unit Owner appoints the Association as attorney-in-fact for the purpose of
representing the Owners in condemnation proceeding and negotiations, settlements and
agreements with the condemning authority for acquisition of all or part of any Common
Elements, from the condemning authority. The Board may appoint a trustee to act on behalf of
the Owners in carrying out the foregoing functions in lieu of the Association. Should the
Association not act, based on its right to act pursuant to this Section, the affected Unit Owners
may individually or jointly act on their own behalves.
SECTION 14 - MORTGAGEE PROTECTION
14.1 Liability for Past Due Assessments
The liens created under this Declaration upon any Unit for Assessments in favor of the
Association shall be subject to the rights of the Mortgagee in the case of any indebtedness
secured by Mortgages made in good faith and for value of the Unit or of all or a part of the
Property which extend to the Unit, subject to the provisions of Section 8.2.2 of this Declaration.
Where a Mortgagee or other Purchaser obtains possession of a Unit as a result of judicial or
nonjudicial foreclosure, such possessor and his successors and assigns shall not be liable for the
share of the Common Expenses or Assessments due prior to such possession. To the extent there
are unpaid Assessments for Common Expenses after foreclosure of any Mortgage as described in
this Section, the unpaid Assessments shall be an additional Common Expense collectible from all
of the Unit Owners, including the foreclosing Mortgagee, its successor or assignee.
14.2 Option to Pay Past Due Assessments
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐43
Unless otherwise prohibited by law, any Mortgagee may pay any unpaid Common
Expenses payable with respect to the Unit on which he has a Mortgage. and upon such payment
the Mortgagee shall have a lien on the Unit for the amounts paid of the same rank as the lien of
his encumbrance.
14.3 Abandonment or Change of Condominium Status - Use of Hazard Insurance.
Except for consequences provided by the Act for certain situations involving damage or
destruction, or in cases of condemnation effected by judicial action, neither the Association nor
the Board, nor the Unit Owners shall, without prior written approval of sixty-seven percent
(67%) of all first priority institutional lenders: seek by act or omission to abandon or terminate
the condominium status of the property; partition or subdivide any Unit; seek to abandon,
partition, subdivide, encumber, or sell the Common Elements (but easements or grants to public
utilities or governmental agencies, or for utility or public purposes, are permitted if they are
required or if they are consistent with the use of the property for purposes of this Condominium);
use hazard insurance proceeds from losses to any part of the Property for other than repair,
restoration, rebuilding, reconstruction, or replacement of the Property; or seek to change the
single family residential or related uses as defined and limited in this Declaration to which any
Unit of the Common Elements is restricted.
14.4 Additional Rights and Privileges of Mortgagees
Each Mortgagee shall be entitled to the following rights and privileges upon written
request to the Association:
14.4.1 In the event a Unit Owner has pledged his vote to a Mortgagee, to cast the vote
pursuant to the authority given under the terms of the pledge involved; provided, however, that a
Unit Owner may only pledge his vote to a Mortgagee during the period of a pending foreclosure.
14.4.2 To receive written notice contemporaneously with notice sent to the Unit Owner at
the address designated by the Mortgagee of:
(a) All annual or special meetings of the Association;
(b) Any default by the Unit Owner in the performance of any obligations under this
Declaration, the Bylaws or the Act which is not cured within thirty (30) days;
(c) Any sixty (60) day delinquency in the payment of Assessments or charges owed by
the Owner of any Unit on which the Mortgagee holds the Mortgage;
(d) Any condemnation or eminent domain proceeding affecting the Property;
(e) Any lapse, cancellation, or material modification of any insurance policy maintained
by the Association; and
(f) All other matters for which the Unit Owner is entitled to written notice under the
terms of this Declaration, the Bylaws, the Act, or other applicable laws, ordinances or
administrative rules and regulations.
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐44
The notices required under subparagraphs 14.4.2(a) and 14.4.2(b) shall be given to the
Mortgagee on or before the time or times that comparable notices are to be given to the Unit
Owners.
14.4.3 To examine the Books and Records of the Association and to be given a copy of
the annual financial statement and report of the Association, as provided in Section 9.3.2. If no
audited statement is required by Section 9.3.2, the Mortgagee may have an audited statement
prepared at its own expense.
14.4.4 To be given the endorsements of insurance policies and the notices, and to
exercise all other rights and privileges with respect to insurance matters which are specified in
SECTION 10 for the benefit of Mortgagees.
14.4.5 To be permitted to designate a representative to attend all meetings of the
Association.
14.5 Termination of Professional Management: The prior written approval of fifty-one
percent (51%) of all institutional holders of a first Mortgage on Units in Grant Place
Townhomes, including all Mortgagees which have previously required professional
management, shall be required before any decision by the Association to terminate professional
management and to assume self-management.
14.6 Amendments of Declaration and Bylaws: Notwithstanding any other provision
contained in this Declaration, no amendment of this Section or of any other provision of this
Declaration or of the Bylaws shall affect the rights of the holder of any Mortgage recorded prior
to the recordation of such amendment, unless the holder shall have consented to such amendment
in writing.
SECTION 15 - LIMITATION OF LIABILITY
15.1 Liability for Utility Failure ,Etc.
Except to the extent covered by insurance obtained by the Board pursuant to SECTION
10, neither the Association, the Board, the Declarant, nor the managing agent exercising the
powers of the Board shall be liable for: (a) any failure of any utility or other service to be
obtained and paid for by the Board; (b) for injury or damage to person or property caused by the
elements, or resulting from electricity, water, rain, dust, or sand which may lead or flow from
outside or from any parts of the Building, or from any of its pipes, drains, conduits, appliances,
or equipment, or from any other place; or (c) from inconvenience or discomfort resulting from
any action taken to comply with any law, ordinance, or orders of a governmental authority. No
diminution or abatement of Common Expense Assessments shall be claimed or allowed for any
such utility or service failure, or for such injury or damage, or for such inconvenience or
discomfort.
15.2 No Personal Liability
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐45
So long as a Board member, Association committee member, Association officer, or
managing agent exercising the powers of the Board, has acted in good faith within the applicable
standard of care set forth in Section 5.4.9, without willful or intentional misconduct, upon the
basis of such information as may be possessed by such person, then no such person shall be
personally liable to any Unit Owner, or to any other party, including the Association, for any
damage, loss or prejudice suffered or claimed on account of any act. omission, error or
negligence of such person; provided, that this Section shall not apply where the consequences of
such act, omission, error or negligence are covered by insurance obtained by the Board pursuant
to SECTION 10.
15.3 Indemnification of Board Members
Each Board member, Association committee member, Association officer, or managing
agent exercising the powers of the Board, shall be indemnified by the Unit Owners against all
expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in
connection with any proceeding to which he may be a party, or in which he may become
involved, by reason of being or having held such position, or any settlement thereof, whether or
not he holds such position at the time such expenses or liabilities are incurred, except in such
cases wherein such person is adjudged guilty of willful misfeasance or malfeasance in the
performance of his duties; provided, that in the event of a settlement, the indemnification shall
apply only when the Board approves such settlement and reimbursement as being for the best
interests of the Association.
SECTION 16 – EASEMENTS
16.1 In General
It is intended that in addition to rights under the Act and other easements rights created in
this Declaration, each Unit has an easement in and through each other Unit and the Common and
Limited Common Elements for all support elements and utility, wiring, heat and service
elements, and for reasonable access thereto, as required to effectuate and continue proper
operation of this Condominium Plan. Without limiting the generality of the foregoing, each Unit
and all Common and Limited Common Elements are specifically subject to an easement for the
benefit of each of the other Units in the Building for all duct work for fireplaces and associated
flues or chimneys, for the intercom and electrical entry system, if any, for the electrical wiring
and plumbing. for all heating and air conditioning lines and equipment for each Unit, if any, for
the fire suppression system, (including but not limited to the fire control panel, sprinklers and
appurtenances), and for the master antenna cable system, if any. Finally, each Unit, as it is
constructed, is granted an easement to which each other Unit, and all Common and Limited
Common Elements are subject to an easement, for the location and maintenance of all of the
original equipment, facilities and utilities for such Units. The specific mention or reservation of
any easement in this Declaration does not limit or negate the general easement through Elements
reserved by the Act.
16.2 Authority
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐46
The Board, on behalf of the Association and all Unit Owners, shall have authority to
grant utility and similar easements under, through or over the Common Elements, which
easements the Board determines are reasonably necessary for the ongoing development and
operation of the Property.
16.3 Association Functions
There are hereby reserved to the Association (and to Declarant prior to transfer of
Declarant Control pursuant to Section 10.1) a reasonable right of entry to any Unit or Limited
Common Element to perform the proper maintenance of the Property, and such easements as are
necessary to perform the duties and obligations of the Association as set forth in this Declaration,
the Bylaws, and the Act.
16.4 Encroachments
Each Unit and all Common and Limited Common Elements are hereby declared to have
easements over all adjoining Units and Common an9 Limited Common Elements for the purpose
of accommodating and maintaining any encroachment due to engineering errors, errors in
original construction, settlement or shifting of the Building, or any other similar cause, and any
encroachment due to Building overhang or projection; provided, that in no event shall a valid
easement for encroachment be created in favor of a Unit Owner if said encroachment occurred
due to the willful act or acts with full knowledge of said Unit Owner. In the event a Unit or any
Common or Limited Common Element is partially or totally destroyed, and subsequently
repaired or reconstructed, minor encroachments over adjoining Units and Common and Limited
Common Elements shall be permitted, and there shall be valid easements for the maintenance of
said encroachments so long as they shall exist. Said encroachments, if any, and resulting
easements, shall not be construed as encumbrances affecting the marketability of title to any
Unit.
SECTION 17 - SUBDIVIDING OR COMBINING UNITS - BOUNDARY
RELOCATION Subdivision, combining and relocation of the boundary between any Unit or
Units, are authorized as follows:
17.1 Subdividing or Combining
17.1.1 Procedure. Any Owner of any Unit or Units may propose any subdividing or
combining of any Unit or Units and appurtenant Limited Common Elements in writing, together
with complete plans and specifications for accomplishing the same and a proposed amendments
to this Declaration and to the Survey Map and Plans covering such subdividing or combining, to
the Board Upon written approval of such proposal by the Board and fifty-one percent (51%) of
Eligible Mortgagees, and of all Eligible Mortgagee(s) and Owner(s) of the Unites) to be
combined or subdivided, the Unit Owner(s) making the proposal may proceed according to such
plans and specifications; provided that the Board may in its discretion (but it is not mandatory
that the Board exercise this authority) require that the Board administer the work or that
provisions for the protection of other Units or Common Elements or reasonable deadlines for
completion of the work be inserted in the contracts for the work. The changes in the Survey Map,
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐47
if any, and the changes in the Plans and Declaration shall be placed of record as amendments to
the Survey Map, Plans, and Declaration of Condominium.
17.1.2 Allocated Interests. The Allocated Interests formerly allocated to the subdivided
Unit shall be reallocated to the new Units in any reasonable and equitable manner prescribed by
that Owner of the subdivided Unit. The Allocated Interests of the new Unit resulting from a
combination of new Units shall be the aggregate of the Allocated Interests formerly allocated to
the Units being combined.
17.2 Relocation of Boundaries
Subject to the provisions of the Declaration and other provisions of law, the boundaries
between adjoining Units may only be relocated by an amendment to the Declaration upon
application to the Association by the Owners of those Units. If the Owners of the adjoining Units
have specified a reallocation between their Units of their Allocated Interests, the application
must state the proposed reallocations. Unless the Board determines within thirty (30) days that
the reallocations are unreasonable, the Association shall prepare an amendment that identifies the
Units involved, states the reallocations, is executed by those Unit Owners, contains words of
conveyance between them, and is recorded in the name of the grantor and grantee.
17.3 Costs
All costs of subdivision, combination or relocation of a boundary between Units shall be
borne by the Unit Owner(s) proposing the subdivision, combination or relocation of a boundary,
whether or not said subdivision, combination or relocation of a boundary is approved.
17.4 Recording
In the event of subdivision, combination or relocation of a boundary pursuant to this
Section, the Association shall obtain and record an amendment to the Survey Maps and Plans
with the requirements of RCW 64.34.232(4) and the Declaration necessary to show the altered
boundaries between adjoining Units, their dimensions and Unit Numbers.
SECTION 18 - DEVELOPMENT RIGHTS AND SPECIAL DECLARANT RIGHTS
RESERVED BY DECLAMNT
18.1 Development Rights
In addition to the Development Rights listed in Section 1.15 above, the following
Development Rights are hereby reserved for use by Declarant
18.1.1 Declarant may withdraw Real Property from the Condominium subject to the
following restrictions:
(a) If all the Real Property is subject to withdrawal, and the Declaration or Survey Map or
amendment thereto does not describe separate portions of Real Property subject to that right,
none of the Real Property may be withdrawn if a Unit in that portion of the Real Property is
owned by a person other than the Declarant; and
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐48
(b) If a portion or portions of the Real Property are subject to withdrawal as described in
the Declaration or in the Survey Map or in any amendment thereto, no portion may be withdrawn
if a Unit in that portion of the Real Property is owned by a person other than the Declarant.
In connection with the withdrawal of any Real Property, Declarant reserves the right to
execute, on Declarant's sole signature, on behalf of the Unit Owners and the Association, any
applications to governmental agencies or other documents or instruments necessary to establish
the Property, or any portion thereof, as a legal lot.
18.1.2 Declarant may, with the Unit Owner's prior consent, establish, expand, contract or
otherwise modify the boundaries of any limited Common Element allocated to a Unit.
18.2 Special Declarant Rights
The following Special Declarant Rights are hereby reserved for use by Declarant.
18.2.1 Declarant may complete the improvements indicated on the Survey Map and
Plans, and as described in this Declaration.
18.2.2 Declarant may maintain a sales office, management office, signs advertising the
Units for sale (which signs shall not be subject to any restrictions or limitations set forth in
Section 3.11), and models on the Property until all Units are sold
18.2.3 Declarant may use easements through the Common Elements as may be
reasonably necessary to discharge Declarant's obligations or exercise the Development Rights
and Special Declarant Rights or to make improvements within the Condominium.
18.2.4 Declarant may enter the Property and inspect the condition of the Units and
Common and limited Common Elements.
18.2.5 Declarant may appoint or remove any officer of the Association or member of the
Board of Directors, or veto or approve any action of the Board or Association during the period
of Declarant Control.
Declarant shall have seven (7) years from the date of the recording of this Declaration to
exercise the Development Rights and Special Declarant Rights pursuant to this Section.
SECTION 19 - AMENDMENT OF DECLARATION. SURVEY MAP AND PLANS
19.1 Approval of Unit Owners
Except in cases of amendments which may be made by Declarant, under RCW
64.34.232(6) or RCW 64.34.236, the Association under RCW 64.34.060. 64.34.220(5).
64.34.228(3). 64.34.244(1). 64.34.248. or 64.34.268(8), or certain Unit Owners under RCW
64.34.228(2), 64.34.244(1), 64.34.248(2), or Section 19.4 below, the Declaration. including the
Survey Maps and Plans, may be amended only by vote or agreement of Unit Owners of Units to
which at least sixty-seven percent (67%) of the votes in the Association are allocated.
19.2 Execution of Amendment
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐49
Amendments to the Declaration required by the Act to be recorded by the Association
shall be prepared, executed, recorded, and certified on behalf of the Association by any officer of
the Association designated for that purpose or, in the absence of designation, by the president of
the Association and without any other signature.
19.3 Recording
Every amendment to the Declaration must be recorded in each County in which any
portion of the Condominium is located, and is effective only upon recording.
19.4 Exceptions
Except to the extent expressly permitted or required by the Act and as set forth in this
Declaration, no amendment may create or increase Special Declarant Rights, increase the
number of Units, change the boundaries of any Unit, the allocated interests of a Unit, or the uses
to which any Unit is restricted, in the absence of the vote or agreement of the Owner of each Unit
particularly affected and the Owners of Units to which at least ninety percent (90%) of the votes
in the Association are allocated excluding the votes allocated to Declarant or such larger
percentage as this Declaration provides.
19.5 Special Declarant's Rights
No amendment may restrict, eliminate, or otherwise modify any Special Declarant Right
provided in the Declaration without the consent of Declarant and any Mortgagee of record with a
security interest in the Special Declarant Right or in any Real Property subject thereto, excluding
Mortgagees of Units owned by persons other than Declarant.
19.6 Limitation of Action
No action to challenge the validity of an amendment adopted pursuant to this Section
may be brought more than one (1) year after the amendment is recorded
19.7 Approval by Mortgagees
Notwithstanding any of the foregoing, fifty-one percent (51%) of all Mortgagees who
have requested notification of amendments must give prior written approval to any material
amendment to the Declaration, including any of the following:
19.7.1 Voting rights;
19.7.2 Assessments, Assessment liens and subordination of such liens;
19.7.3 Reserves for maintenance, repair and replacement of Common Elements;
19.7.4 Insurance or fidelity bonds;
19.7.5 Responsibility for maintenance and repair;
19.7.6 Expansion or contraction of the project or the addition, annexation or withdrawal
of property to or from the Condominium;
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐50
19.7.7 The boundaries of any Unit;
19.7.8 Reallocation of interest in the Common or Limited Common Elements, or rights to
their use;
19.7.9 Convertibility of Units into Common Elements or of Common Elements into
Units;
19.7.10 Leasing of Units other than as set forth in this Declaration;
19.7.11 Imposition of any restrictions on the right of a Unit Owner to sell or transfer his
Unit;
19.7.12 Decision by the Association to establish self-management when professional
management had been required previously by an Eligible Mortgagee;
19.7.13 Restoration or repair (after a hazard damage or partial condemnation) in a
manner other than that specified in this Declaration, the Act, or the Bylaws;
19.7.14 Any action to terminate the legal status of the Condominium after substantial
destruction or condemnation occurs; or
19.7.15 Any provisions which are for the express benefit of Mortgage holders, Eligible
Mortgagees or eligible insurers or guarantors of first Mortgages on Units.
An Eligible Mortgagee who receives prior written notice of a proposed material
amendment and who does not deliver to the requesting party a negative response within thirty
(30) days of receipt of such notice shall be deemed to have consented to such amendment.
19.8 Amendments by Declarant: In addition to the foregoing, Declarant may amend this
Declaration and the Survey Map and Plans without the consent or approval of the Board or the
Unit Owners, as follows:
19.8.1 To add additional Units or real property to the Condominium pursuant to the
exercise of Declarant's Development Rights and Special Declarant's Rights created in this
Declaration;
19.8.2 To withdraw Real Property from the Condominium pursuant to the exercise of
Declarant's Development Rights and Special Declarant's Rights created in this Declaration;
19.8.3 To correct or revise the boundaries or descriptions of the Building, Units, and/or
Common Elements to reflect their locations as built or typographical, clerical or other errors in
the Declaration which are not of a material nature;
19.8.4 To make such reasonable changes as may from time to time be required by a
Mortgagee; provided, that any such changes shall not affect the allocation of undivided interest
in the Common Elements or materially and adversely affect the rights of the Unit Owners or
other Mortgagees; or
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐51
19.8.5 To commemorate the exercise of Development Rights and Special Declarant
Rights pursuant to this Declaration.
If any Unit is financed through the Veteran's Administration, neither the Declaration nor
the Survey Map and Plans shall be amended without the prior written consent of the Veterans'
Administration until the Board has been elected pursuant to Section 5.4.2.
SECTION 20 - TERMINATION OF CONDOMINIUM
20.1 Approval by Unit Owners
Except in the case of a taking of all the Units by condemnation, the Condominium may
be terminated only by agreement of Unit Owners of Units to which at least eighty percent (80%)
of the votes in the Association are allocated.
20.2 Termination Agreement
An agreement to terminate must be evidenced by the execution of a termination
agreement or ratifications thereof, in the same manner as a deed, by the requisite number of Unit
Owners. The termination agreement must specify a date after which the agreement will be void
unless it is recorded before that date and shall contain a description of the manner in which the
creditors of the Association will be paid or provided for. A termination agreement and all
ratifications thereof must be recorded in King County and is effective only upon recording. A
termination agreement may be amended by complying with all of the requirements of this
Section and the Act.
20.3 Sale of Common Elements and Units: A termination agreement may provide that all
the Common Elements and Units of the Condominium shall be sold following termination. If,
pursuant to the agreement, any Real Property in the Condominium is to be sold following
termination, the termination agreement must set forth the minimum terms of the sale.
20.4 Ownership after Termination
The Association, on behalf of the Unit Owners, may contract for the sale of Real Property
in the Condominium, but the contract is not binding on the Unit Owners until approved pursuant
to Sections 20.1 and 20.2. If any Real Property in the Condominium is to be sold following
termination, title to that Real Property, upon termination, vests in the Association as trustee for
the holders of all interests in the Units. Thereafter, the Association has all powers necessary and
appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof
distributed, the Association shall continue in existence with all powers it had before termination.
Proceeds of the sale must be distributed to Unit Owners and lien holders as their interests may
appear, in proportion to the respective interests of Unit Owners as provided in Section 20.7,
below. Unless otherwise specified in the termination agreement, as long as the Association holds
title to the Real Property, each Unit Owner and the Unit Owner's successors in interest have an
exclusive right to occupancy of the portion of the Real Property that formerly constituted the
Owner's Unit. During the period of that occupancy, each Unit Owner and the Owner's successors
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐52
in interest shall remain liable for all Assessments and other obligations imposed on Unit Owners
by the Act or this Declaration.
20.5 Tenancy in Common
If the Real Property constituting the Condominium is not to be sold following
termination, tide to all the Real Property in the Condominium vests in the Unit Owners upon
termination as tenants-in-common in proportion to their respective interests as provided in
Section 20.7, and liens on the Units shall attach accordingly. While the tenancy in common
exists, each Unit Owner and the Unit Owner's successors in interest have an exclusive right to
occupancy of the portion of the Real Property that formerly constituted the Owner's Unit.
20.6 Payment to Creditors
Following termination of the Condominium, the proceeds of any sale of Real Property,
together with the assets of the Association, are held by the Association as trustee for Unit
Owners and holders of liens on the Units and creditors of the Association as their interests may
appear. No such proceeds or assets may be disbursed to the Unit Owners until all of the creditors
of the Association have been paid or provided for. Following termination, creditors of the
Association holding liens on the Units, which were recorded or perfected under RCW 4.64.020
before termination, may enforce those liens in the same manner as any such lien holder.
20.7 Division of Ownenhip afterTermination
The respective interests of Unit Owners after termination are as follows:
20.7.1 Except as provided in Section 20.7.2, the respective interests of Unit Owners are
the fair market values of their Units, limited Common Elements, and Common Element interests
immediately before the termination, as determined by one or more independent appraisers
selected by the Association. The decision of the independent appraisers shall be distributed to the
Unit Owners and shall become final unless disapproved, within thirty (30) days after distribution,
by Unit Owners of Units to which twenty-five percent (25%) of the votes in the Association are
allocated. In the event of disapproval of the appraisal by said Unit Owners, the Property shall be
reappraised until there is no such disapproval. The proportion of any Unit Owner's interest to that
of all Unit Owners is determined by dividing the fair market value of that Owner's Unit and
Common Element interest by the total fair market values of all the Units and Common Elements.
20.7.2 If any Unit or any limited Common Element is destroyed to the extent that an
appraisal of the fair market value thereof before destruction cannot be made, the interests of all
Unit Owners shall be their respective Common Element interests immediately before the
termination.
20.8 Suspension of Right of Partition
The right of partition under Chapter 7.52 RCW shall be suspended and said suspension
shall continue unless and until no binding obligation to sell exists three (3) months after the
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐53
recording of the termination agreement. the binding sale agreement is terminated, or one (1) year
after the termination agreement is recorded, whichever first occurs.
SECTION 21 - DISPUTE RESOLUTION : The Declarant, Association, Board or
officers, Unit Owners. or their employees or agents and other parties subject to this Declaration
each commits to cooperate in good faith and to deal fairly in performing their duties under this
Declaration in order to accomplish their mutual objectives and avoid disputes. If a dispute arises,
the parties agree to first seek a fair and prompt negotiated resolution prior to resorting to a
judicial resolution.
21.2 Mediation; Binding Arbitration of Warranty Claims
If the parties are unable to resolve a dispute involving an alleged breach of an implied or
express warranty under the Act through good faith negotiation, the dispute shall be resolved in
accordance with RCW Ch. 64.55, which laws provide for mediation and/or arbitration of such
disputes.
SECTION 22 - MISCELLANEOUS
22.1 Covenants Running with the Land
The covenants, conditions, restrictions, uses, limitations and obligations contained in this
Declaration shall be deemed to run with the Land, shall be a burden and benefit upon the Units
and all other portions of the Property, shall be binding upon all persons acquiring or owning any
interest therein, their grantees, successors, heirs, executors, administrators and assigns, and shall
supplement the Act and be and remain effective independendy of the Act, if it should for any
reason or in any respect be or become inapplicable. This Declaration shall no longer apply if the
Property is removed from under the Act and discontinued as a Condominium.
22.2 Construction and Validity of Declaration
The Declaration and the Act provide the framework by which the Condominium is
created and operated. In the event of a conflict between the provisions of the Declaration and the
Act, the Act shall prevail. In the event of a conflict between the provisions of this Declaration
and the Bylaws, the Declaration shall prevail except to the extent the Declaration is inconsistent
with the Act. The creation of the Condominium shall not be impaired and tide to a Unit and its
interest in the Common Elements shall not be rendered unmarketable or otherwise affected by
reason of an insignificant failure of this Declaration or the Survey Map and Plans or any
amendment thereto to comply with the Act.
22.3 Waiver
The failure of the Association, the Board of Directors, its officers or agents, or Declarant,
to require in anyone or more instances a strict performance of or compliance with any of the
terms, covenants, conditions or restrictions contained in this Declaration, the Bylaws, or the Act,
or to serve any notice or to institute any action or proceeding, shall not be construed as a waiver
or release thereof, but they shall continue and remain in full force and effect. The receipt by any
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐54
of said parties of any sum paid by a Unit Owner, with or without the knowledge of the breach of
or failure to comply with any such provision, shall not be deemed a waiver thereof. No waiver,
express or implied, of any such provision shall be effective unless made in writing pursuant to
procedures specified herein, or in the Bylaws or in the Act, or if no such procedures are
specified, then in writing and signed by the president of the Association pursuant to the authority
contained in a resolution of the Board.
22.4 Notices: Any notice permitted or required to be delivered under the provisions of
this Declaration, the Bylaws or the Act may be delivered either personally or by mail. If delivery
is by mail, any such notice shall be deemed to have been delivered forty-eight (48) hours after a
copy has been deposited in the United States mail, postage prepaid for first class mail, addressed
to the person entitled to such notice at the most recent address given in writing by such person to
the Association. Notice to a Unit Owner or Owners shall be sufficient if delivered or addressed
to the Unit if no other mailing address has been given the Association. Notices to be given to the
Association may be given to the president or secretary of the Association.
22.5 Severability
The provisions hereof shall be deemed independent and severable, and the invalidity or
partial invalidity or unenforceability of anyone provision or portion hereof shall not affect the
validity or enforceability of any other provision hereof
22.6 Interpretation
The provisions of this Declaration shall be liberally construed to effectuate its purposes to
create a uniform plan for the development and operation of the property as a Condominium
project under the Act.
22.7 Effective Date: This Declaration shall take effect upon recording with the King
County Recorder.
22.8 Survey Map and Plans
The Survey Map and Plans referred to herein were filed with the Recorder of King
County, Washington, simultaneously with the recording of this Declaration under King County
Recorder's No. ______________________________________. in Volume _____ of
Condominiums, pages ____ through _____________
22.9 Inflationary Increases in Dollar Limits
The dollar limits specified in this Declaration may, in the discretion of the Board, be
increased proportionately to adjust for any inflation in the value of the dollar by the Consumer
Price Index for all Urban Consumers (1982 - 1984 = 100 (semi-annual) specified for "All Items,"
relating to Seattle-Tacoma -Bremerton, Washington and issued by the Bureau of Labor Statistics
of the United States Department of Labor, or any successor index. If the index for Seattle-
Tacoma-Bremerton is discontinued, the National Index shall be used in this calculation. In the
event the index shall hereafter be converted to a different standard reference base or otherwise
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐55
revised, the increase shall be made with the use of such conversion factor, formula or table for
converting the index as may be published by the Bureau of Labor Statistics or, if said Bureau
shall not publish the same, then with the use of such conversion factor, formula or table as may
be published by Prentice Hall, Inc., or, failing such publication, by any other nationally
recognized publisher of similar statistical information. In the event the index shall cease to be
published, then there shall be substituted for the index such other index as the Board deems
reasonable.
IN WTINESS WHEREOF, Declarant has executed this Declaration as of the ______ day
of ______________ •2017.
DECLARANT:
WASHINGTON COMMERCIAL INVESTMENT LLC
by_____________________________________________
Satwant Singh, Managing Member
APEX ENTERPRISES GROUP, LLC
by___________________________________________
Andy Chang, Managing Member
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
THIS IS TO CERTIFY that on this ________ day of ________________________ ,
2017,before me, a Notary Public in and for the State of Washington, duly commissioned and
sworn, came SATWANT SINGH, personally known me as the individual who executed the
within and foregoing instrument, and acknowledged the said instrument to be his free and
voluntary act and deed for the uses and purposes therein mentioned, and that he is authorized to
execute the within and foregoing Declaration of Condominium on behalf of Washington
Commercial Investment, LLC .
WITNESS MY HAND and official seal this_________day of __________________,
2017
_______________________________________
Notary Public in and for the State of Washington
DECLARATION OF CONDOMINIUM
GRANT PLACE TOWNHOMES‐56
Residing at
My commission expires:
STATE OF WASHINGTON )
) SS.
COUNTY OF KING )
THIS IS TO CERTIFY that on this ________ day of ________________________ ,
2017,before me, a Notary Public in and for the State of Washington, duly commissioned and
sworn, came ANDY CHANG, personally known me as the individual who executed the within
and foregoing instrument, and acknowledged the said instrument to be his free and voluntary act
and deed for the uses and purposes therein mentioned, and that he is authorized to execute the
within and foregoing Declaration of Condominium on behalf of Apex Enterprises Group, LLC.
WITNESS MY HAND and official seal this_________day of __________________,
2017
_______________________________________
Notary Public in and for the State of Washington
Residing at
My commission expires:
EXHIBIT A
PORTION OF THE NORTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 23
NORTH, RANGE 5 EAST, W.M., IN KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING ON THE EAST LINE OF SAID SUBDIVISION
AT A POINT WHICH IS SOUTH 00°O8”49” WEST 475.79
FEET FROM THE NORTHEAST CORNER THEREOF;
THENCE NORTH 00°08’49” EAST 158.00 FEET;
THENCE WEST PARALLEL WITH THE NORTH LINE OF
SAID SUBDIVISION 654.50 FEET;
THENCE SOUTH 26°18’57” EAST TO THE INTERSECTION WITH
A LINE EXTENDING WESTERLY THROUGH THE SAID POINT OF
BEGINNING AND PARALLEL WITH THE NORTH LINE OF SAID SUBDIVISION;
THENCE EAST ALONG SAID EXTENDED LINE TO THE
POINT OF BEGINNING;
EXCEPTING THEREFROM A STRIP OF LAND 30 FEET WIDE, PARALLEL
WITH AND ADJOINING THE WESTERLY LINE OF SAID TRACT,
FOR ROAD PURPOSES;
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON