HomeMy WebLinkAboutRC 20050506000288 Return Address: 01110111111111110111111 _
City Clerk' s Office
City of Renton
1055 S. Grady Way 20050506000288
Renton WA 98055 CITY OF RENTON RCOVE 56.00
PAGE001 OF 038
05/06/2005 09:38
KING COUNTY, WA
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1. Declaratins of Covenants, 2.
X. Conditions & Restrictions 4.
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) (Last name,first name,initials)
1. Cedar Avenue LLC
2.
Additional names on page of document.
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1. Cedar Avenue LLC
2.
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Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
292305-9039
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292305-9039
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I am requesting an emergency nonstandard recording for an additional fee as provided in RCW
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uestin Party
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DECLARATIONS OF COVENANTS,
CONDITIONS AND RESTRICTION
OF
CEDAR AVE
RENTON, WASHINGTON
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TABLE OF CONTENTS
Page
DESCRIPTION OF THE LAND 1
ARTICLE 1 INTERPRETATION
1.1 Liberal Construction 1
1.2 Covenant Running with Land 1
1.3 Declarant is Original Owner 2
1.4 Captions 2
1.5 Definitions 2
1.6 Percentage of Mortgagees 3
1.7 Percentage of Owners 3
ARTICLE 2 OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area 4
ARTICLE 3 OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment 4
3.2 Delegation of Use 5
ARTICLE 4 OWNERS ASSOCIATION
4.1 Establishment 5
4.2 Form of Association 5
4.3 Membership 5
4.3.2 Transfer of Membership 5
4.4 Voting 6
4.4.1 Classes of Voting Membership 6
4.4.2 Number of Votes 6
4.5 Bylaws of Association 6
ARTICLE 5 MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development 6
5.2 Management by Declarant 6
5.3 Management by Elected Board of Directors ' 7
5.4 Authority and Duties of the Board 7
5.4.1 Assessments 7
5.4.2 Services 7
5.4.3 Utilities 7
5.4.4 Insurance 7
5.4.5 Maintenance and Repair of Common Areas 7
5.4.6 Maintenance of Rights of Way, etc 8
5.4.7 Fences, Landscaping, etc 8
5.4.8 Enforce Declaration 8
5.4.9 Contracting & Payment for Materials, Services, etc. 8
5.4.10 Attorney-in-Fact 8
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5.4.11 Borrowing of Funds 8
5.4.12 Adoption of Rules and Regulation, Fines 8
5.4.13 Additional Powers of Association 9
ARTICLE 6 ARCHITECTUAL CONTROL
6.1 Construction and Exterior Alteration or Repair 9
6.2 Sales Facilities of Declarant 11
6.3 Variances 11
6.4 Appeals 11
ARTICLE 7 USE AND MAINTENANCE OBLIGATION OF
OWNERS
7.1 Maintenance of Lots 12
7.2 Residential Use 12
7.3 Restriction on Further Subdivision 12
7.4 Rental Lots 12
7.5 Zoning Regulations 13
7.6 Business Use 13
7.7 Building Setback Requirements 13
7.8 Oil and Mining Operations 13
7.9 Catch Basin 13
7.10 Lot Size 13
7.11 Garages 13
7.12 Square Footage 14
7.13 Mobile or Manufactured Housing 14
7.14 Driveway Standards 14
7.15 Parking 14
7.16 Roof 14
7.17 Exterior Finish 14
7.18 Utilities 15
7.19 Antenna 15
7.20 Fencing 15
7.21 Fireplace Chimneys 15
7.22 Garbage and Refuse 15
7.23 Games and Play Structures 15
7.24 Construction of Significant Recreation Facilities 16
7.25 Livestock and Poultry 16
7.26 Landscaping 16
7.27 Signs 16
7.28 Temporary Structures 16
7.29 Completion of Construction 16
7.30 Easements 16
7.31 Use During Construction 17
7.32 Excavations 17
7.33 Nuisances 17
7.34 Cloths Lines, Other Structures 17
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7.35 Common Drives 17
7.36 Building Height 17
7.37 Storm Runoff 17
7.38 Storm Detention Operations and Maintenance 17
ARTICLE 8 COMMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien&Personal Obligation of Assessments 18
8.2 Uniform Rate 18
8.3 Initial Assessment Amount 18
8.4 Limitation on Annual Assessment Amount 18
8.4.1 Board Authority 18
8.4.2 Annual Increase in Dollar Limit 19
8.4.3 Owner Approval Required 19
8.5 Manner and Time of Payment 19
8.6 Accounts 19
8.7 Lien 19
8.8 Waiver of Homestead 20
8.9 Continuing Liability for Assessments 20
8.10 Records, Financial Statements 20
8.11 - Certificate of Assessment 20
8.12 Foreclosure of Assessment Lien, Attorneys' Fees & Costs 20
8.13 Curing of Default 21
8.14 Omission of Assessment 21
8.15 Assessment Deposit 21
8.16 Exempt Property 21
8.17 Effect of Legal Proceedings 22
ARTICLE 9 COMPLIANCE WITH DECLARATION
9.1 Enforcement 22
9.1.1 Compliance of Owner 22
9.1.2 Compliance of Lessee 22
9.1.3 Attorney's Fees 22
9.2 No Waiver of Strict Performance 23
9.3 Right of Entry 23
9.4 Remedies Cumulative 23
ARTICLE 10 LIMITATION OF LIABILITY
10.1 No Personal Liability 23
10.2 Indemnification of Board Members 23
ARTICLE 11 MORTGAGEE PROTECTION
11.1 Priority of Mortgagee 24
11.2 Effect of Declaration Amendments 24
11.3 Right of Lien Holder 24
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11.4 Change in Manner of Architectural Review &Maintenance
Within Project 24
11.5 Copies of Notices 25
11.6 Furnishing of Documents 25
ARTICLES 12 EASEMENTS
12.1 Association Functions 25
12.2 Easements Over Common Areas 25
12.3 Access to Public Streets 25
12.4 Utility Easements 25
ARTICLE 13 TERM OF DECLARATION
13.1 Duration of Covenants 26
13.2 Abandonment of Subdivision Status 26
ARTICLE 14 AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment 26
14.2 Plat Map 27
14.3 Amendments to Conform to Construction 27
14.4 Amendments to Conform to Lending Institution Guidelines 27
14.5 Article 16 Amendments 27
ARTICLE 15 INSURANCE
15.1 Insurance 28
ARTICLE 16 ANNEXATION & WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal by Declarant 28
16.2 Non-Declarant Annexations 28
16.3 Common Areas Within Additional Lands 29
ARTICLE 17 MISCELLANEOUS
17.1 Notices 29
17.2 Conveyances,Notice Required 29
17.3 Successor and Assigns 30
17.4 Joint and Several Liability 30
17.5 Mortgagee's Acceptance 30
17.5.1 Priority of Mortgage 30
17.5.2 Acceptance Upon First Conveyance 30
17.6 Severability 30
17.7 Effective Date 30
17.8 Government Right of Access 30
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DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
OF
CEDAR AVENUE
RENTON,WASHINGTON
THIS DECLARATION is made this DAY OF 200_,by the
undersigned CEDAR AVENUE, LLC
DESCRIPTION OF THE LAND
A. Cedar Avenue, LLC owns certain real property located within the State of
Washington, which property and improvements are commonly known as the plat of
CEDAR AVENUE, located in the City of Renton, King County, Washington and legally
described in the attached Exhibit A(the"Project"). All Common Areas of the Project are
shown on the Plat Maps recorded in conjunction with this Declaration.
B. For the benefit and protection of the Project, to enhance its value and
attractiveness, and as an inducement to lenders and investors to make and purchase loans
secured by Lots within the Project, Cedar Avenue, LLC agrees to provide herein for a
method of use and architectural control within the Project.
NOW, THEREFORE, Cedar Avenue, LLC hereby declares that the Lots described
herein shall be held, conveyed, encumbered, leased, rented, used, occupied and
imprsubject to the following uniform covenants, conditions, restriction, grants of
easement,rights, rights-of-way, liens, charges and equitable servitudes.
Any conveyance, transfer, sale, assignment, lease or sublease of a Lot in the Project,
shall and hereby is deemed to incorporate by reference all provisions of the Declaration.
The provisions of the Declaration shall be enforceable by Declarant, any Lot Owner, the
Association, and any first mortgagee of any Lot.
ARTICLE 1
INTERPRETATION
1.1 Liberal Construction. The provisions of the Declaration shall be liberally
construed to effectuate its purpose of creating a uniform plan for the operation and
maintenance of the Project.
1.2 Covenant Running with Land. It is intended that this Declaration shall be
operative as a set of covenants running with the land, or equitable servitudes,binding on
Cedar Ave, LLC, their respective successors,heirs, executors, administrators, devisees or
assigns.
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1.3 Declarant is Original Owner. Cedar Ave, LLC is the original Owner of all
Lots and Project and will continue to be deemed the Owner thereof except as
conveyances or documents changing such Ownership regarding specifically described
Lots or portions of the Project are filed of record.
1.4 Captions. Captions given to the various articles and sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the
substantive provisions hereof.
1.5 Defmitions.
1.5.1 "ACC" shall mean the Architectural Control Committee provided for
in Article 6.
1.5.2 "Association" shall mean the Owner's Association provided for in
Article 4 and its successors and assigns.
1.5.3 "Board" shall mean the Board of Directors of the Association provided
for in Article 5.
1.5.4 "Bylaws" shall mean the duly adopted bylaws of the Association.
1.5.5 "Common Area" shall mean all real property(including the
improvements thereto) owned by the Association for the common use and enjoyment of
the Owners and shall include(unless/until dedicated to a government entity) all Common
Areas described on the Plat Map; Project entry sign(s) and landscaping,planter islands
and planted medians on roads or cul-de-sacs, and mailbox stands serving more then one
Lot.
1.5.6 "Declarant" shall mean Cedar Avenue, LLC (being the Owner of the
realro ert described in Exhibit A thereof) and its successors and assigns if such
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successors or assigns should acquire more then one undeveloped Lot from the
Declarant
for the purpose of development and by written instrument in recordable form be
specifically assigned the rights and duties of Declarant.
1.5.7 "Declaration" shall mean this declaration and any amendments thereto.
1.5.8 "Home" shall mean and refer to any structure or portion of a structure,
located on a Lot, which structure is designed and intended for use and occupancy as a
residence by a single family or which is intended for use in connection with such
residence.
1.5.9 "Lot" shall mean and refer to any plot of land shown upon any
recorded Plat Map of the Project excluding Common Areas. Lot shall not include any
land now or hereafter owned by the Association or by all of the lot Owners as tenants in
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common, nor included any land shown on a Plat Map but dedicated to the public or to a
government entity.
1.5.10 "Mortgage" shall mean a recorded mortgage or deed of trust that
creates a lien against a Lot and shall also mean a real estate contract for the sale of a Lot.
1.5.11 "Mortgagee" shall mean the beneficial Owner, or the designee of the
beneficial Owner, of an encumbrance on a Lot created by mortgage or deed of trust and
shall also mean the vendor, or designee of a vendor, of a real estate contract for the sale
of a Lot.
1.5.12 "Owner" shall mean and refer to the record Owner, whether one or
more persons or entities, of a fee simple title to any Lot which is a part of the Project,
and, except as may be otherwise expressly provided herein, shall in the case of a Lot
which has been sold pursuant to a real estate contract, include any person of record
holding a vendee's interest under such real estate contract, to the exclusion of the vendor
thereunder. Any person or entity having such interest merely as security for the
performance of an obligation shall not be considered an Owner.
1.5.13 "Person" shall include natural persons, partnerships, limited liability
companies, corporations, associations and personal representatives.
1.5.14 "Project" shall mean the real estate described in Exhibit A and all
improvements and structures thereon, including such additions thereto as may hereafter
be brought within the jurisdiction of the Association.
1.5.15 "Plat Map" shall mean any Plat Map(s) approved by the appropriate
governmental entity and recorded in conjunction with or subsequent to this Declaration,
which Plat Maps depict the layout of the Lots on the Project.
1.5.16 "Plat" shall mean and refer to the plat of Cedar Avenue as recorded in
Volume of Plats, Pages through , Records; of King County, State of
Washington, under Recording No.
1.6 Percentage of Mortgagees. For purposes of determining the percentage of
first mortgagees approving a proposed decision or course of action, a mortgagee shall be
deemed a separate mortgagee for each Lot on which it holds a mortgage that constitutes a
first lien on said Lot.
1.7 Percentage of Owners. For purposes of determining the percentage of
Owners approving a proposed decision or course of action, an Owner shall be deemed a
separate Owner for each Lot owned.
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ARTICLE 2
OWNERSHIP OF COMMON AREA
2.1 Ownership of Common Area. All Common Areas shall be owned by the
Association. The Common Area shall exclude those portions of common areas (and
improvements thereto) which have been or may hereafter be, dedicated to and owned by
the public or a governmental entity. The Common Area shall for all purposes be under
the control,management and administration of the Declarant until all Class B
membership (as defined in Article 4) terminates, and under the control, management and
administration of the Association thereafter. The Association (and the Owners who are
members thereof)have the responsibility and obligation to maintain, repair and
administer the Common Area in a clean, attractive, sanitary and safe condition and in full
compliance with applicable, governmental laws, rules and regulations and the provisions
of this Declaration.
ARTICLE 3
OWNER'S PROPERTY RIGHTS
3.1 Owner's Rights of Enjoyment. Every Owner shall have a non-exclusive
right, in common with all Owners, of enjoyment in and to the Common Area that shall be
appurtenant to and shall pass with the title to ever Lot, subject to the following
provisions:
3.1.1 The right of the Association to limit access to those portions of the
Common Areas, which in the opinion of the Board are dangerous.
3.1.2 The right of the Association to charge reasonable admission and other
fees for the use of any recreational facility situated upon any Common Area.
3.1.3 The right of the Association to suspend the voting rights and right to
use of the Common Areas by an Owner for any period during which any assessment
against such Owner's Lot remains unpaid; and for a period not to exceed sixty(60) days
for any infraction of its published rules and regulations. Until all Class B membership
terminates, the Association shall be required to exercise its right to suspend the voting
rights of, and the right to the use of the recreational facilities by, a member for non-
payment of an assessment, upon the request of the Declarant.
3.1.4 The rights of the Association to dedicate or transfer all or any part of
the Common Area, including easements across said properties, to any public agency,
authority, or utility for such purposes and subject to such conditions as may be agreed to
by the members of the Association.
3.1.5 The right of the Association to limit the number of guests of members.
3.1.6 The right of the Association, in accordance with this Declaration and
its Articles of Incorporation and Bylaws, to borrow money for the purpose of improving
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the Common Area and facilities and in aid thereof to mortgage said property, but the
rights of such mortgagee in said property shall be subordinate to the rights of the Owners
hereunder and subject to the provisions of Section 11.5.
3.1.7 The right of the Association to take such steps as are reasonably
necessary to protect any property mortgaged in accordance with Section 3.1.6 against
foreclosure, including,but not limited to,the right to charge admission and other fees as a
condition to continued enjoyment by the Owners and, if necessary, to open the enjoyment
of such properties to the public.
3.1.8 Until all Class B membership terminates, the exercise of all the rights
andp owers set forth in subsections 3.1.2, 3.1.3, 3.1.4, 3.1.5 and 3.1.6 shall require the
prior written approval of Declarant.
3.2 Delegation of Use. Any Owner may delegate (in accordance with the
Bylaws), his/her right of enjoyment of the Common Area and facilities to the members of
his/her family, or his/her tenants or contract purchasers who reside on the Owner's Lot
and (subject to regulation by the Association) to his/her temporary guests.
ARTICLE 4
OWNERS' ASSOCIATION
4.1 Establishment. There is hereby created an association to be called CEDAR
AVENUE HOMEOWNERS' ASSOCIATION (referred to hereinafter as the
"Association").
4.2 Form of Association. The Association shall be a nonprofit corporation
formed and operated pursuant to the Title 24 and Chapter 64.38, Revised Code of
Washington. In the event of any conflict between this Declaration and the Articles of
Incorporation or Bylaws for such nonprofit corporation, the provisions of the Declaration
shall prevail.
4.3 Membership.
4.3.1 Qualification. Each Owner of a Lot in the Project(including
Declarant) shall be a member of the Association and shall be entitled to one
membership for each Lot so owned. Ownership of a Lot shall be the sole
qualification for membership in the Association.
4.3.2 Transfer of Membership. The Association membership of each
Owner(including Declarant) shall be appurtenant to the Lot giving rise to such
membership, and shall not be assigned, conveyed, pledged or alienated in any
way except upon the transfer of title to said Lot and then only to the transferee of
title to such Lot. Any attempt to make a prohibited transfer of membership shall
be void. Any transfer of title to a Lot shall operate automatically to transfer the
membership in the Association appurtenant hereto to the new Owner thereof.
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4.4 Voting.
4.4.1 Classes of Voting Membership. The Association shall have two
classes of voting membership: (a) Class A members shall be all Owners except the
Declarant. Class A members shall be entitled to one vote for each Lot owned; (b) The
Class B members shall be the Declarant, which shall be entitled to (10) votes for each Lot
owned. The Class B membership shall cease and be converted to Class A membership on
the happening of the first of the following events: (a) when the total votes outstanding in
the Class A membership equal the total votes outstanding in the Class B membership, or
(b) the date when Declarant's management powers terminate, as provided in Section 5.2.
In determining whether any given proposition shall have been approved by the
membership, the total number of Class A and Class B votes shall be combined and the
' appropriate percentage applied against the combined number. If Declarant elects to
annex Additional Lands pursuant to Section 16.1, the total number of votes shall be
increased by the applicable number for the Lots in such annexed Additional Lands.
4.4.2 Number of Votes. Except as provided in Section 4.4.1 above, the
total voting power of all Owners shall equal the number of Lots at any given time and the
total number of votes available to Owners of any one Lot shall be(1)vote.
4.5 Bylaws of Association. Bylaws for the administration of the Association
and the Project and to further the intent of the Declaration, may be adopted or amended
by the Owners at a regular or special meeting, provided, that the initial Bylaws shall be
adopted by Declarant. In the event of any conflict between this Declaration and any
Bylaws, the provisions of this Declaration shall prevail.
ARTICLE 5
MANAGEMENT OF THE ASSOCIATION
5.1 Administration of the Development. The Owners covenant and agree that
the administration of the Project shall be in accordance with the provisions of this
Declaration and the Bylaws of the Association.
5.2 Management by Declarant. The Project shall be managed on behalf of the
Association by the Declarant until the earlier of(a) one hundred twenty(120) days after
all Class B membership terminates, or(b)the date on which Declarant elects to
permanently relinquish all of its authority under this Section 5.2 by written notice to all
Owners. So long as Declarant is managing the Project, Declarant or a managing agent
selected by Declarant shall have the exclusive power and authority to exercise all the
rights, duties and functions of the Board and the Association set forth or necessarily
implied in this Declaration, provided however, that the Association may not be bound
directly or indirectly to any contracts or leases without the right of termination
exercisable without cause and without penalty at any time after transfer of control to the
Board elected pursuant to Section 5.3, upon not more than ninety(90) days' notice to the
other party to the contract.
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5.3 Management by Elected Board of Directors. At the expiration of
Declarant's management authority under Section 5.2, power and authority shall vest in
the Board of Directors elected from among the Lot Owners. The number of directors
shall be specified in the Bylaws and shall be sufficient to adequately handle the affairs of
the Association. The Board may delegate all or any portion of its management duties to a
managing agent or officer of the Association as provided for in the Bylaws. All Board
offices shall be open for election at an organizational meeting. The Board shall elect
from among its members a president who shall preside over meetings of the Board and
the meetings of the Association.
5.4 Authority and Duties of the Board. On behalf of and acting for the
Association, the Board (or the Declarant or Declarant's managing agent as provided in
Section 5.2 hereof), for the benefit of the Project and the Owners, shall have all powers
and authority permitted to the Board under this Declaration and any applicable law,
including by not limited to the following:
5.4.1 Assessments. Establish and collect regular assessments (and to the
extent necessary and permitted hereunder, special assessments) to defray expenses
attributable to carrying out its duties hereunder and maintain an adequate reserve fund for
the maintenance, repair, improvement and replacement of those portions of the Common
Area or facilities which must be maintained,repaired or replaced on a periodic basis,
which reserve shall be funded by the above assessments. The Association may impose
and collect charges for late payments of assessments.
5.4.2 Services. Obtain the services of persons or firms as required to
properly manage the affairs of the Project to the extent deemed advisable by the Board
including legal and accounting services, property management services as well as such
other personnel as the Board shall determine are necessary or proper for the operation of
the Common Area, whether such personnel are employed directly by the Board or are
furnished by the manager or management firm or agent.
5.4.3 Utilities. Obtain water, sewer, garbage collection, electrical,
telephone, gas and any other necessary utility easements and street lighting, as required
for the Common Area.
5.4.4 Insurance. Obtain and pay for policies of insurance or bonds
providing Common Area casualty and liability coverage, and for fidelity of Association
officers and other employees, the requirements of which are more fully set forth in
Article 15.
5.4.5 Maintenance and Repair of Common Areas. Pay for the cost of
painting, maintenance, repair of all landscaping and gardening work for all Common
Area, and improvements located thereon, so as to keep the Project in a good, clean,
attractive, sanitary and safe condition and in full compliance with applicable
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governmental laws, rules and regulation and the provisions of this Declaration. The
foregoing shall include the cost of maintaining, repairing and replacing mailbox stands
that serve more then one (1) Lot, and such replacing and repairing of furnishings and
equipment, if any, for the Common Area as the Board shall determine are necessary and
proper.
5.4.6 Maintenance of Rights of Way, etc. Pay for the costs of
maintaining and landscaping of rights of way, traffic islands and medians, or other
similar areas which are not part of the Lots or Common Area but which are within or
adjacent to the Project boundaries, and which are owned by or dedicated to a
governmental entity, if said governmental entity fails to do so; provided, the Lot Owner
at the Owner's expense (rather than the Association) shall maintain and landscape such
areas as are adjacent to such Owner's Lot.
5.4.7 Fences, Landscaping, etc. To the extent deemed advisable by the
Board, pay for the cost of constructing, maintaining, repairing and replacing perimeter
and interior fences, if any, and landscaping and improvements on easements, if any,
which are located on or across Lots, provided, the Board at its option may require a Lot
Owner at the Owner's expense to maintain, repair and replace such fences, landscaping
and improvements as are adjacent to such Owner's Lot.
5.4.8 Enforce Declaration. Enforce the applicable provisions of the
Declaration for the management and control of the Project.
5.4.9 Contracting and Payment for Materials, Services, etc. Contract
and pay for any materials, supplies, labor or services which the Board should determine
are necessary or proper for the enforcement of this Declaration, including legal,
accounting,management or other services, provided that if for any reason any materials,
supplies, labor or services are provided for particular Lots or their Owners, the cost
thereof shall be specially charged to the Owners of such Lots
5.4.10 Attorney-in-Fact. Each Owner,by the mere act of becoming an
Owner, shall irrevocably appoint the Association as his/her attorney-in-fact, with full
power of substitution, to take such action as reasonably necessary to promptly perform
the duties of the Association and Board hereunder, including but not limited to the duties
to maintain, repair and improve the Project, to deal with the Project upon damage or
destruction, to grant easements and licenses over Common Areas, and to secure insurance
proceeds.
5.4.11 Borrowing of Funds. hi the discharge of its duties and the
exercise of its powers as set forth herein,but subject to the limitations set forth herein, the
Board may borrow funds on behalf of the Association.
5.4.12 Adoption of Rules and Regulation: Fines. When and to the
extent deemed advisable by the board, to adopt reasonable rules and regulations
governing the maintenance and use of the Project and other matters of mutual concern to
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the Lot Owners, which rules and regulations are not inconsistent with this Declaration
and the Bylaws and which treat all Owners fairly and on a non-discriminatory basis. The
Board may impose and collect charges for late payments of assessments and, after notice
and an opportunity to be heard by the Board or by a representative designated by the
Board in accordance with procedures as provided in the Bylaws or rules and regulations
adopted by the Board, levy reasonable fines in accordance with a previously established
hed to the Owners for violation of the Bylaws,
do ted b the Board and furnis
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rules and regulation of the Association.
5.4.13 Additional Powers of Association. In addition to the duties and
powers of the Association as specified in this Declaration,but subject to the provisions of
this Declaration, the Association, acting through its Board, shall have the power to do all
other things that it may deem reasonably necessary to carry out its duties and the
purposes of the Declaration.
ARTICLE 6
ARCHITECTURAL CONTROL
6.1 Construction and Exterior Alteration or Repair.
6.1.1 All buildings and structures (including, without limitation,
concrete or masonry walls,rockeries, fences, sheds, swimming pools, if any, or other
structures) to be constructed within the Project, and all exterior alterations and repairs
(including,but not limited to, re-roofing or repainting) of any buildings or structures on
the Project and visible from any public street, Common Area or other Lot must be
approved in writing by the Board, or by an Architectural Control Committee("ACC")
composed of three(3) or more representatives appointed by the Board, at least two (2) of
whom shall be Board members; provided, that so long as Declarant owns any Lots within
the Project, Declarant at its option may exercise all of the rights and powers of the Board
under Section 6.1 including without limitation the appointment of members of the ACC.
References in the Article 6 to the ACC shall be deemed to include the ACC, the Board, or
the Declarant, as circumstances may dictate. Complete plans and specifications,
including colors, of all such proposed buildings, structures, and exterior alterations and
repairs, together with detailed plans showing the proposed location of the same on the
particular building site and other data requested by the ACC, shall be submitted to the
ACC along with a written request for approval signed by the Owner. Any exterior
modifications in accordance with plans and specifications developed by the Declarant
and filed with the Board at the time of transfer(pursuant to Article 5.3) shall be deemed
approved exterior modifications.
6.1.2 The ACC will review all requests for approval of construction,
alteration or repair for quality of workmanship and materials planned and for conformity
and harmony of the external design with proposed or existing structures on neighborhood
residential Lots or building sites, and for location of the building with respect to
topography, finish grade elevation and building setback restrictions.
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6.1.3 In the event the ACC fails to approve or disapprove such request
within thirty(30) days after all required plans and specifications have been submitted to
it, such approval shall be deemed given by the ACC.
6.1.4 All plans and specifications for approval by the ACC must be
submitted in duplicate, at least thirty(30) days prior to the proposed construction or
exterior alteration or repair starting date. Construction, alteration or repair shall not be
started until written approval thereof is given by the ACC.
6.1.5 The ACC may require that said plans or specifications be prepared
by an architect or a competent house designer, approved by the ACC. One complete set
of said plans and specifications shall in each case be delivered to and permanently
retained by the ACC. All buildings or structures (including but not limited to garden
sheds) shall be erected or constructed, and all exterior alterations or repairs made,by a
contractor, house builder or other person or entity approved by the ACC. The ACC shall
have the right to refuse to approve any design,plan or color for such improvements,
construction, or exterior alteration or repair visible from a public street, Common Area or
other Lot which is not suitable or desirable, in the ACC's reasonable opinion, aesthetic or
otherwise.
6.1.6 In so passing such design, the ACC shall have the right to take into
consideration the suitability of the proposed building or other structure, and the material
of which it is to be built, and the exterior color scheme, to the site upon which it is
proposed to be erected, the harmony thereof with the surroundings, and the effect or
impairment that said structure will have on the view or outlook of surrounding building
sites, and any and all factors, which, in the ACC's opinion, could affect the desirability or
suitability of such proposed structure, improvements, or exterior alteration or repair.
6.1.7 The ACC shall have the right to disapprove the design or
installation of a swimming pool or any other recreational structure or equipment, in the
ACC's reasonable opinion, aesthetic or otherwise. In so passing upon such design or
proposed installation, the ACC shall have the right to take into consideration the visual
impact of the structure and the noise impact of the related activities upon all the
properties located in close proximity. The enclosure or cover used in connection with
such a recreational structure or equipment, whether temporary, collapsible, seasonal, or
whatever, shall be treated as a permanent structure for the purposes of these covenants,
and shall be subject to all the conditions, restrictions, and requirements as set forth
therein for all buildings and structures.
6.1.8 The ACC shall have the right to require, at a Lot Owner's expense,
the trimming or topping (or, if deemed necessary by the ACC, removal) of any tree,
hedge or shrub on a Lot which the ACC determines is unreasonably blocking or
interfering with the view or access to sunlight of another Lot.
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6.1.9 The ACC shall have the right to specify precisely the size, color
and style of mailboxes, and of the post or support on which such mailboxes are affixed,
and their location within the Project, whether or not such mailbox stand is a Common
Area, all with the approval of the Postmaster(if required).
6.1.10 Approval by the ACC is independent of, in addition to, and not to
be construed as a representation as to compliance with, any requirements for a permit,
license or other approval by the City of Renton or other applicable governmental or
quasi-governmental entity. The Lot Owner is responsible for obtaining any such
governmental approvals.
6.1.11 Declarant (including any successor in interest to Declarant's status
as Declarant) shall not be subject to the restriction of this Section 6.1 as to any Lot owned
by Declarant, whether or not any Class B membership exists and whether or not
management of the Association has been relinquished by Declarant pursuant to Section
5.2 hereof.
6.2 Sales Facilities of Declarant. Notwithstanding any provision in this
Declaration to the contrary, Declarant(and its agents, employees and contractors) shall be
permitted to maintain during the period of sale of Lots and/or Homes upon such portion
of the Project (other than Lots sold by Declarant) as Declarant may choose, such facilities
as in the sole opinion of the Declarant may be reasonably required, convenient or
incidental to the construction, sale or rental of Lots and Homes, including but not limited
to, a business office, storage area, signs,model units, sales office, construction office, and
parking areas for all prospective tenants or purchasers of Declarant.
6.3 Variances. So long as Declarant owns any Lot, the Board may in its
reasonable discretion, upon written request of the Declarant, grant a variance from the
requirements of Article 7, thereafter, the Board may, upon written request of an Owner,
grant a variance from the requirements of Article 7 only in cases where,because of the
physical characteristics of the Lot, strict enforcement would result in an unnecessary
hardship. The Board may only grant a variance from the provisions of sections 7.11
through 7.17, 7.19 through 7.21, 7.23, 7.29, or 7.36. The Board's authority to grant such
a variance shall not be delegated to the ACC. Prior to granting such a variance, the
Board shall hold an open hearing at which other Owners may comment. At least fifteen
(15) days prior to such hearing, the Board shall give written notice of the nature of the
requested variance to the Owner of each Lot immediately adjacent to the Lot for which
the variance is requested, to other Owners that would reasonably be affected by the
variance, and by requiring the Owner requesting the variance to post a notice on such
Owner's Lot in a form reasonably satisfactory to the Board.
6.4 Appeals. Any aggrieved Owner may appeal a decision of the ACC to the
Board by written notice within sixty(60) days after the ACC's written decision. The
Board will review the ACC decision at the Board's next regularly scheduled meeting (but
in any event not later than thirty(30) days after receipt of the notice of appeal). The
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Board shall give written notice to the appealing Owner of the time and place of such
meeting at least five(5) days in advance.
ARTICLE 7
USE AND MAINTENACE OBLIGATION OF OWNERS
7.1 Maintenance of Lots. Each Owner, at said Owner's sole cost and
expense, shall promptly and continuously maintain, repair and restore said Owner's Lot
(including the yard and landscaping) and Home and other improvements located thereon,
and also such other areas as may be required pursuant to Sections 5.4.6, 5.4.7 and 12.4, in
a good, clean, attractive, safe and sanitary condition and in full compliance with all
applicable governmental laws, rules and regulation and the provisions of this Declaration
and the rules and regulations of the Association.
7.2 Residential Use. Except as provided in Section 7.6, all Lots and
improvements located thereon shall be used, improved and devoted exclusively to
residential use. Nothing herein shall be deemed to prevent the Owner from leasing a Lot
and improvements subject to all of the provisions of the Declaration.
7.3 Restriction on Further Subdivision. No Lot or portion of a Lot shall be
divided and sold or resold, nor ownership changed or transferred whereby the ownership
of any portion of this Project shall be less than the area required for the use district in
which located, provided, the foregoing shall not prohibit deeds of correction, deeds to
resolve boundary disputes and similar corrective instruments. Lots may be joined and
joined Lots may subsequently be subdivided only into the Lots originally joined.
7.4 Rental Lots.
7.4.1 With respect to the leasing, renting, or creating of any kind of
tenancy of a Lot and improvements thereon by its Owners, such Owner shall be
prohibited from leasing or renting less than the entire Lot or improvements thereon, or
(with the exception of a lender in possession of a Lot and improvements thereon
following a default in a first mortgage, a foreclosure proceeding or any deed of trust sale
or other arrangement in lieu of a foreclosure) for a term of less than six (6)months, and
all leasing or rental agreements shall be in writing, and shall be subject to the Declaration
and Bylaws (with a default of the tenant in complying with the Declaration and Bylaws
constituting a default under the lease or rental agreement).
7.4.2 If a Lot or Home is rented by its Owner, the Board on behalf of the
Association may collect, and the tenant or lessee shall pay over to the Board, so much of
the rent for such Lot or Home as is required to pay any amounts due the Association
hereunder, plus interest and costs, if the same are in default over thirty(30) days. The
renter or lessee shall not have the right to challenge payment over to the Board, and such
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payment will discharge the lessee's or renter's duty of payment to the Owner for rent, to
the extent such rent is paid to the Association, but will not discharge the liability of the
Owner or the Lot under this Declaration for assessments and charges, or operate as an
approval of the lease. The Board shall not exercise this power where a receiver has been
appointed with respect to the Lot or its Owner, nor in derogation of any rights that a
mortgagee of such Lot may have with respect to such rents. Other than as stated in this
Article 7 there are no restrictions on the right of an Owner to lease or otherwise rent such
Owner's Lot or Home.
7.5 Zoning Regulations. Zoning regulations,building regulations,
environmental regulations and other similar governmental regulations applicable to the
Project shall be observed. In the event of any conflict between any provision of such
governmental regulations and the restrictions of this Declaration, the more restrictive
provision shall apply.
7.6 Business Use. No business of any kind shall be conducted on any Lot
with the exception of(a) the business of Declarant in developing and selling all of the
Lots, and (b) such home occupation as may be permitted by the appropriate local
government and which is not otherwise in violation of the provisions of this Declaration.
7.7 Building Setback Requirements. All buildings and other Lot
improvements shall comply with all applicable governmental requirements, including
without limitation minimum setback requirements. No building or other structure shall
be located within any building setback line shown on the Plat Map.
7.8 Oil and Mining Operations. No oil drilling, oil development operations,
oil refining, quarrying or mining operations of any kind shall be permitted upon or in any
Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or
in any Lot. No derrick or other structure designed for use in boring for oil or natural gas
shall be erected, maintained or permitted upon any Lot.
7.9 Catch Basin. The Owner of each Lot shall ensure the cleaning of all
catch basins, if any, located on such Lot at least once prior to September 15th of each
calendar year.
7.10 Lot Size. No residential structure shall be erected or placed on any Lot
which has a Lot area of less than that required by the government entity having
appropriate jurisdiction over the Project.
7.11 Garages. Every Home must have a garage capable of holding at least two
full-size cars,but no more than three full-size vehicles (any car,boat,recreational
vehicle, etc. shall be deemed one car for purposes of this limitation). All vehicles must
be stored in garages or in a manner that the Board reasonably determines is not offensive
when viewed from the street or from the ground level of adjacent Lots or Common Areas.
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7.12 Square Footage. Each single-family residence must include a minimum
of 1,400 square feet for single story Homes and 1,600 square feet for two-story Homes,
excluding garage, porches and decks.
7.13 Mobile or Manufactured Housing. Custom designs by licensed
architects shall be strongly encouraged and any use of repetitive design shall be strongly
discouraged and/or prohibited at the discretion of the ACC. The ACC may refuse to
approve a plan based on design or repetitive use of a plan, or for failure to meet the
approved criteria as set forth. There shall be no mobile or manufactured housing.
7.14 Driveway Standards. All driveways shall be constructed of concrete with
a minimum of aggregate finish or other material approved by ACC.
7.15 Parking. Unless substantially screened from view from the street or from
the ground level of adjacent Lots and Common Area in a manner reasonably approved by
the ACC, no recreational vehicles, commercial vehicles, construction or like equipment,
motorcycles, or trailers (utility,boat, camping,horse, or otherwise), shall be allowed to
be parked or stored on any Lot or street for a cumulative period in excess of fourteen(14)
days in any(1) calendar year. No motor vehicles of any kind shall be parked overnight
on any street adjoining any Lot or Common Area, provided that, such vehicles belonging
to guests of a Lot Owner may occasionally be so parked so long as such parking will not
violate any other provision of this Section 7.15. No motor vehicle of any kind that is
inoperative by reason of mechanical failure shall be parked or stored on any Lot or in any
right-of-way or street adjoining any Lot or Common Area for more than seventy-two (72)
hours. The Board shall have full authority to determine, in its sole discretion, if any
vehicle is obnoxious or undesirable to the other Lot Owners and to enforce this covenant.
Pursuant to Article 9 of this Declaration, the Association may levy fines or have vehicles
that are parked in violation of this Section towed and impounded at the Owner's expense.
7.16 Roof. The exterior of all roofs shall be composed of materials approved
by ACC. All roofs must have a pitch of at least 4/12 (four on twelve), unless approved
by the ACC based on considerations regarding a specific Lot. Under no circumstances
are flat roofs allowed. Roof material shall be at least twenty-five(25) year composition
asphalt shingle, color approved by ACC, and by a manufacturer approved and accepted
by ACC.
7.17 Exterior Finish. The exterior of each Home shall be designed, built and
maintained in such a manner as to blend in with the natural surroundings, existing
structures and landscaping of the Project. All exterior materials and all exterior colors
must be approved by the ACC in accordance with the provisions of this Declaration.
Exterior trim, fences, doors, railing, decks, eaves, gutters and the exterior finish of
garages and other accessory buildings (including garden sheds) shall be designed,built
and maintained to be compatible with the exterior of the structures they adjoin. Homes
and other structures may be finished in vinyl siding if approved by the ACC.
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7.18 Utilities. All utilities shall be installed underground. No storage tanks or
barrels of any kind shall be maintained above ground unless properly screened in a
manner acceptable to the ACC. All Lots shall be served by public water and sewer. No
wells or septic systems shall be constructed or maintained on any Lot.
7.19 Antenna. No antenna, satellite dish or other similar type of exterior
equipment shall be allowed on any Lot unless approved in writing by the ACC. As a
condition of approval the ACC may require reasonable shielding of such antenna,
satellite dish or equipment from view from the street and the ground level of adjacent
Lots or Common Areas. In no event shall any satellite dish or similar antenna greater
then one (1) meter in diameter be permitted.
7.20 Fencing. Fences may only be placed along the rear property line (except
any area within a Natural Greenbelt Protective Easement), along the front building line,
and from the front building line to the rear Lot line(except any area within a Natural
Greenbelt Protective Easement), cannot exceed six (6) feet in height above the ground,
under no circumstances may obstruct view from any other Lot, must be constructed of
wood approved by the ACC. Hedges or other solid screen planting may be used as Lot
line barriers subject to the same height restrictions as fences. No chain-link fences shall
be permitted on a Lot. No fence, wall or hedge shall be permitted on a Lot any nearer to
any street then a building is permitted under Section 7.7, except that nothing shall prevent
the erection of a necessary retaining wall, the top of which does not extend more than
three (3) feet above the finished grade at the back of said retaining wall.
7.21 Fireplace Chimneys. Fireplace chimneys must be constructed with
material approved by the ACC and as otherwise required by this Declaration.
7.22 Garbage and Refuse. No garbage, refuse, rubbish, cuttings, or debris of
any kind shall be deposited on or left upon any Lot unless placed in an attractive
container suitably located and screened from view from the street and from the ground
level of adjacent Lots and Common Area. Such containers shall be returned to the
screened location by the end of each scheduled pick-up day. All equipment for the
storage or disposal of such materials shall be kept in a clean and sanitary condition. No
building material of any kind shall be place or stored on any property within the Project
until the Lot Owner is ready to commence construction, and then such materials shall be
placed within the boundary lines of the Lot upon which its use is intended. Garbage cans
may only be placed in public view on the day of garbage pick-up. All woodpiles and
storage areas must be placed so that they do not obstruct or hamper any other Lot
Owner's view and must be suitably screened from view from the street and from the
ground level of adjacent Lots and Common Areas.
7.23 Games & Play Structures. No deck,platform, dog house, playhouse or
structure of a similar kind or nature shall be constructed on any part of a Lot located in
front of the rear line of the residence constructed thereon, and any such structure must
have prior approval of the ACC. No basketball goals or similar moveable structures shall
be kept or placed on any public sidewalk or street.
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7.24 Construction of Significant Recreation Facilities. The construction of
any significant recreational facilities on any Lot including,but not limited to, such items
as swimming pools and tennis,badminton or pickle ball courts shall require the approval
of the ACC and shall be subject to the requirements adopted by the ACC.
7.25 Livestock and Poultry. No animals or reptiles of any kind shall be kept
on the Project, except that dogs, cats, and other indoor household pets may be kept
provided that they are not kept,bred, or maintained for any commercial purpose. No
individual Lot Owner shall keep more then two (2) dogs.
7.26 Landscaping. All cleared areas between the front building line and the
street shall be fully landscaped within thirty(30) days, depending on weather conditions,
of the time when Home is ready for occupancy. Owner shall install or have installed
fully landscaped rear and side yards within nine (9)months of occupancy unless a longer
time is approved by the ACC.
7.27 Signs. No signs of any kind, nor for any uses, shall be erected, posted,
painted or displayed on any Lot or Common Area whatsoever, except for public notices
by political divisions of the State or Country or as required by law. Any builder or the
builder's agent may erect and display signs during the period the builder is building and
selling property in the Project only with prior approval from the ACC. Any Lot Owner
or the Lot Owner's agent wishing to sell that Owner's Lot may place one (1) "For Sale"
sign on the Lot, provided such sign complies with any rules published by the ACC.
7.28 Temporary Structures. No trailer,basement, tent, shack, garage,barn or
other outbuildings or any structure of a temporary character erected or placed on the
Project shall at any time be used as a residence, even temporarily. No building or
structure shall be moved on to the Project from any land outside the Project. A trailer
may be placed and occupied by the designated subdivision sales agent with the prior
written approval of the ACC. A construction shack may be used by an Owner's
construction contractor during the construction period.
7.29 Completion of Construction. Any dwelling or structure erected or
placed on any Lot shall be completed as to external appearance, including finish painting
or staining, and shall be connected to sewers within eight (8)months from the date of
commencement of construction, unless some longer period of time is approved in writing
by the ACC.
7.30 Easements. Easements for the installation and maintenance of utilities,
drainage and irrigation facilities are reserved as shown on the Plat Map and as described
in Article 12. Within these easements no structure, planting or other materials shall be
placed or permitted to remain which may damage or interfere with the installation and/or
maintenance of such utilities, or which may change the directions of flow of water
through a drainage channel in the easement, or which may obstruct or retard the flow of
water through drainage channels in the easement. Except as otherwise provided in
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Section 12.4, any easement or portion thereof located on any Lot and all improvements
thereon shall be maintained continuously by the Lot Owner.
7.31 Use During Construction. Except with the approval of the ACC, no
person shall reside in any structure on any Lot until such time as the improvements to be
erected thereon in accordance with the plans and specifications approved by the ACC
have been completed. Completion shall be considered receipt of a final inspection of the
dwelling unit by the City of Renton Building Department or other applicable government
official.
7.32 Excavations. Except with the permission of the ACC, or except as may
be necessary in connection with the construction of any approved improvement, no
excavation shall be made nor shall any dirt be removed from or added to any Lot. Except
with permission of ACC, no retaining wall of more then four feet (4) in height (exposed
height) may be constructed on any Lot.
7.33 Nuisances. No noxious or undesirable thing, or noxious or undesirable
use shall be permitted or maintained upon any Lot or upon any other portion of the
Project. If the Board determines that a thing or use is undesirable or noxious, that
determination shall be conclusive.
7.34 Clothes Lines, Other Structures. No clothes lines or other structures of
a similar nature shall be visible from any street or the ground level of any adjacent Lot or
Common Area.
7.35 Common Drives. Common drives, walks (if any) and paths (if any) shall
be used exclusively for normal transit and no obstructions shall be placed thereon of
therein except by express written consent of the Board.
7.36 Building Height. Except with the permission of the ACC, no building
height shall exceed thirty (30) feet, as measured from the lowest floor elevation of the
house(either garage floor or living area floor)to the maximum point of the roof.
7.37 Storm Runoff. Each Lot Owner shall ensure that all roof down spout
drains are properly cleaned and maintained, and that the Tight Line Drainage lines on
each Lot are clean and free of any debris. Due diligence shall be exercised by each Lot
Owner to prevent adverse impact of storm runoff onto down stream Lots.
7.38 Storm Detention Operations and Maintenance. It is the responsibility
of the Association to maintain the detention and water quality system and emergency
access roads, if any, until such time that those improvements are deeded or sold to a
government agency, which will assume maintenance and responsibility of such
improvements. These covenants may not be amended to eliminate the requirements to
maintain the common area, including storm water facilities, private roadways and other
common areas, or permitting conveyance of those features to a third party without the
written permission of the City of Renton.
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ARITCLE 8
COMMON EXPENSES AND ASSESSMENTS
8.1 Creation of the Lien and Personal Obligation of Assessments. The
Declarant, for each Lot owned within the Project, hereby covenants, and each Owner of
any Lot by acceptance of a deed therefore, whether or not it shall be so expressed in such
deed, is deemed to covenant and agree to pay to the Association any assessment duly
levied by the Association as provided herein. Such assessments, together with interest,
costs, late charges and reasonable attorneys' fees, shall be a charge on the land and shall
be a continuing lien upon the property against which each such assessment is made. Each
such assessment, together with interest, costs, late charges and reasonable attorneys' fees,
shall also be the personal obligation of the person who was the Owner of such property at
the time when the assessment fell due. The personal obligation for delinquent
assessments shall not pass to successors in title unless the lien for such delinquent
assessments had been properly recorded prior to the title transfer or unless expressly
assumed by them. Provided, however, that in the case of a sale of any Lot which is
assessments payable in the
charged with the payment of an assessment orp yinstallments,
person or entity who is the Owner immediately prior to the date of any such sale shall be
personally liable for installments that become due on and after said date.
8.2 Uniform Rate. Any assessments which may be levied from time to time
pursuant to the authority of the Board as set forth in Section 5.4.1, shall be fixed at a
uniform rate for each Lot, except for assessments levied against an Owner for the purpose
of reimbursing the Association for cost incurred in bringing the Owner or his/her Home
and/or Lot into compliance with the provisions of this Declaration. Declarant shall not be
obligated to pay any assessment levied against any Lots of this Declaration. Declarant
shall not be obligated to pay any assessment levied against any Lots owned by it. An
assessment against a Lot shall be the joint and several personal obligation of all Owners
of that Lot.
8.3 Initial Assessment Amount. Upon the sale of each Lot by the Declarant
(whether to a builder or otherwise), each Lot Owner, at the time of his/her purchase of the
Lot, shall pay an initial start-up assessment to the Association in the amount of$150.00.
Such initial assessment shall be in addition to any annual assessment provided for in this
Article 8 and shall be for the purpose of reimbursing the Declarant and/or Association for
maintenance and operating expenses of and for the Common Areas during the initial
development and house sales period. Notwithstanding the provision set forth above, the
Declarant shall not be liable for any initial assessments assessed or due so long as
Declarant owns any Lot.
8.4 Limitation on Annual Assessment Amount.
8.4.1 Board Authority. At any time after the sale of the first Lot by the
Declarant(whether to a builder or otherwise), the Board shall have the authority, without
obtaining prior approval of the Owners, to levy assessments in a given calendar year
totaling not more then $250.00 per Lot. Assessments included in the foregoing
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calculation shall not include any assessments which are levied against an Owner for
reimbursing the Association for costs incurred in bringing the Owner or his/her Home
and/or Lot into compliance with the provision of this Declaration nor any initial
assessments provided for in Section 8.3. Notwithstanding the provision set forth above,
the Declarant shall not be liable for any fees or assessments assessed or due so long as
Declarant owns any Lot.
8.4.2 Annual Increase in Dollar Limit. The maximum dollar amount
specified in Section 8.4.1 shall not be increased by more than fifteen percent(15%)
without the approval of a majority of the Lot Owners voting at a meeting duly called for
such purpose.
8.4.3 Owner Approval Required. Any assessment to be levied in a
given calendar year which would cause the total of all assessments for the year to exceed
the sum per Lot permitted by Section 8.4.1 and 8.4.2 shall require the calling of a meeting
of the Association upon notice sent to all members not less than thirty(30)nor more than
sixty(60) days in advance of the meeting, and the approval at such meeting of the levy of
such assessment by a majority of the Lots represented at such meeting, provided a
quorum is present as defined in the Bylaws.
8.5 Manner and Time of Payment. Assessments shall be payable by each
Owner in such reasonable manner as the Board shall designate. Any assessment or
installment thereof which remains unpaid for at least fifteen(15) days after the due date
thereof shall bear interest at an annual rate equal to fifteen percent (15%), and the Board
may also assess a late charge in an amount not exceeding twenty-five (25%) of any
unpaid assessment which has been delinquent for more than fifteen (15) days.
8.6 Accounts. Any assessments collected by the Association shall be
deposited in one or more insured institutional depository accounts established by the
Board. The Board shall have exclusive control of such accounts and shall maintain
accurate records thereof, provided, however, that the Board may exercise such control
through a property manager retained pursuant to Section 5.4.2. No withdrawal shall be
made from said accounts except to pay for charges and expenses authorized by this
Declaration.
8.7 Lien. In the event any assessment or installment thereof remains
delinquent for more than thirty(30) days, the Board may, upon fifteen(15) days written
notice to the Owner of such Lot of the existence of the default, accelerate and demand
immediate payment of the entire assessment. The..amount of any assessment assessed or
charged to any Lot plus interest, cost, late charges and reasonable attorneys' fees, shall be
a lien upon such Lot. A claim of lien may be recorded in the office where real estate
conveyances are recorded for the county in which this Project is located. Such claim of
lien may be filed at any time at least fifteen (15) days following delivery of the notice of
default referred to above. The lien for payment of such assessments and charges shall
have priority over all other liens and encumbrances, recorded or unrecorded, limited as
provided in Section 11.1. Suit to recover a money judgment for unpaid assessments or
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charges shall be maintainable with or without foreclosure or waiver of the lien securing
the same.
8.8 Waiver of Homestead. Each Owner hereby waives, to the extent of any
liens created pursuant to this Article, the benefit of any homestead or exemption law in
effect at the time any assessment or installment thereof becomes delinquent or any lien is
imposed pursuant to the terms hereof.
8.9 Continuing Liability for Assessments. No Owner may exempt
himself/herself from liability for his/her Assessments by abandonment of his/her Lot.
8.10 Records, Financial Statements. The Board shall prepare or cause to be
prepared, for any calendar year in which the Association levies or collects any
assessments, and shall distribute to all Owners, a balance sheet and an operating
(income/expense) statement for the Association, which shall include a schedule of
assessments received and receivable, identified by the number of the Lot and the name of
the Owner so assessed. The Board shall cause detailed and accurate records of the
receipts and expenditures of the Association to be kept specifying and itemizing the
maintenance, operating, and any other expenses incurred. Such records, copies of this
Declaration, the Articles and the Bylaws, and any resolution authorizing expenditures of
Association funds shall be available for examination by any Owner at reasonably
convenient hours.
8.11 Certificate of Assessment. A certificate executed and acknowledged by
the treasurer or the president of the Board, or an authorized agent thereof if neither the
president nor treasurer is available, stating the indebtedness for assessments and charges
or lack thereof secured by the assessment lien upon any Lot shall be conclusive upon the
Association as to the amount of such indebtedness on the date of the certificate, in favor
of all persons who rely thereon in good faith. Such a certificate shall be furnished to any
Owner or any encumbrancer of a Lot within a reasonable time after request, in recordable
form, at a reasonable fee. Unless otherwise prohibited by law, any encumbrancer holding
a lien on a Lot may pay any unpaid assessments or charges with respect to such Lot, and,
upon such payment, shall have a lien on such Lot for the amounts paid of the same rank
as the lien of his/her encumbrance.
8.12 Foreclosure of Assessment Lien, Attorneys' Fees and Costs. The
Declarant or Board, on behalf of the Association, may initiate action to foreclose the lien
of, or collect, any assessment. In any action to foreclose the lien of, or otherwise collect,
delinquent assessments or charges, any judgment rendered in favor of the Association
shall include a reasonable sum for attorneys' fees and all costs and expenses reasonably
incurred in preparation for or in the prosecution of said action(including in any
arbitration, on appeal, and in any bankruptcy proceeding), in addition to taxable costs
permitted by law.
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8.13 Curing of Default. The Board shall prepare and record a satisfaction and
release of the lien for which a claim of lien has been filed and recorded in accordance
with this Article upon timely payment or other satisfaction of all delinquent assessments
set forth in the Notice, and all other assessments which have become due and payable
following the date of such recordation with respect to the Lot as to which such claim of
lien was recorded, together with all costs, late charges and interest which have accrued
thereon. An additional administrative fee of twenty-five dollars ($25.00) covering the
cost of preparation and recordation shall be paid to the Association prior to such action.
The satisfaction of the lien created by the claim of lien shall be executed by the president
or treasurer of the Association or by any authorized representative of the Board. For the
purposes of this paragraph,the term"costs" shall include costs and expenses actually
incurred or expended by the Association in connection with the cost of preparation and
recordation of the claim of lien and in efforts to collect the delinquent assessments
secured by the lien and a reasonable sum for attorneys' fees.
8.14 Omission of Assessment. The omission by the Board or the Association
to fix the estimate for assessments and charges hereunder for the next year before the
expiration of any current year shall not be deemed a waiver or modification in any
respect of the provisions of this Declaration, or a release of the Owner from the
obligation to pay the assessments and charges, or any installment thereof for that or any
subsequent year. The assessment and charge fixed for the preceding year shall continue
until a new assessment or charge is fixed.
8.15 Assessment Deposit. A Lot Owner may be required,by the Board or by
the managing agent, from time to time, to make and maintain a deposit of not more than
the total of one (1) annual assessment,plus either one (1) special assessment if special
assessments are payable on an annual basis, or three (3) special assessment installments if
special assessments are payable on a monthly or other periodic basis. Such deposit may
be collected as are other assessments and charges. Such deposit shall be held in a
separate fund,be credited to such Owner, and be for the purpose of establishing a
working capital fund for the initial Project operations and a reserve for delinquent
assessments. Resort may be had thereto at any time when such Owner is ten (10) days or
more delinquent in paying his/her assessments and charges, to meet unforeseen
expenditures, to acquire additional equipment or services deemed necessary or desirable
by the Board, or as a credit against any annual or special assessments to become due from
such Owner. Said deposits shall not be considered as advance payments of annual
assessments. All or any portion of such deposit may at any time be refunded to the
Owner by the Association in the discretion of the Board, such refund being made as a
cash refund or a credit against assessments subsequently to become due or a combination
thereof
8.16 Exempt Property. The following property subject to this Declaration
shall be exempt from the assessments created herein:
8.16.1 All properties dedicated to and accepted by a governmental entity,
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8.16.2 All Common Areas, and
8.16.3 All properties owned by a charitable or nonprofit organization or
an organization exempt from taxation by the laws of the state of Washington.
However, the land or improvements, which are referred to in Sections 8.16.1, 8.16.2 and
8.16.3 and which are devoted to dwelling use, shall not be exempted from said
assessments.
8.17 Effect of Legal Proceedings. In any legal proceeding commenced
pursuant to Section 9.1.1, and notwithstanding the assessment limitation provided for in
the Declaration, the court having jurisdiction over such proceeding shall also have
jurisdiction and power to cause assessments to be levied and collected on an equal per
Lot basis in such amounts as is reasonably necessary to cause the Project to be properly
administered in accordance with the provisions of this Declaration and the Bylaws, or to
cause the provisions of this Declaration and the Bylaws to be properly applied and
enforced.
ARTICLE 9
COMPLIANCE WITH DECLARATION
9.1 Enforcement.
9.1.1 Compliance of Owner. Each Owner, Board member and the
Association shall comply strictly with the provisions of this Declaration and with the
Bylaws and administrative rules and regulations adopted by the Association (as the same
may be lawfully amended from time to time). Failure to comply shall be grounds for an
action to recover sums due for damages, or injunctive relief, or both, maintainable by the
Board (acting through its officers on behalf of the Association and the Owners), or by the
aggrieved Owner on his/her own against the party(including an Owner or the
Association) failing to comply. In addition, the Association may impose and collect fines
as provided in Section 5.4.12 of this Declaration.
9.1.2 Compliance of Lessee. Each Owner who shall rent or lease
his/her Lot shall insure that the lease or rental agreement is in writing and subject to the
teinis of this Declaration, Articles of Incorporation, and Bylaws. Said agreement shall
further provide that failure of any lessee to comply with the provisions of said documents
shall be a default under the lease.
9.1.3 Attorneys' Fees. In any action to enforce the provisions of this
Declaration, the Articles of Incorporation or the Bylaws, the prevailing party in such
legal action shall be entitled to an award for reasonable attorneys' fees and all costs and
expenses reasonably incurred in preparation for or prosecution of said action(including
in any arbitration, on appeal or in any bankruptcy proceeding), in addition to taxable
costs permitted by law.
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9.2 No Waiver of Strict Performance. The failure of the Board, or
Declarant or Declarant's managing agent, as applicable, in any one or more instances to
insist upon or enforce the strict performance of any of the terms, covenants, conditions or
restrictions of this Declaration, or of any Bylaws or administrative rules or regulations,
shall not be construed as a waiver or a relinquishment for the future of such term,
covenant, condition or restriction,but such term, covenant, condition or restriction shall
remain in full force and effect. No waiver by the Board of any provision hereof shall be
deemed to have been made unless expressed in writing and signed by the Board.
9.3 Right of Entry. Violation of any of the provisions hereof shall give to
Declarant, its successors, or the Association, the right to enter upon the Lot as to which
such violation exists and to abate, correct and remove, at the expense of the Owner
thereof, any erection, thing or condition that may be or exists thereon contrary to the
provisions hereof. Such entry shall be made only after three (3) days notice to said
Owner and with as little inconvenience to the Owner as possible, and any damage caused
thereby shall be repaired by the Association. Declarant, its successors, or the Association
shall not be deemed guilty of any manner of trespass by such entry, abatement or
removal.
9.4 Remedies Cumulative. The remedies provided are cumulative, and the
Board may pursue them concurrently, as well as any other remedies that may be available
under law although not expressed herein.
ARTICLE 10
LIMITATION OF LIABILITY
10.1 No Personal Liability. So long as a Board member,Association
committee member, Association officer, Association agent, or Declarant exercising the
powers of the Board,has acted in good faith, without willful or intentional misconduct,
upon the basis of such information as may be possessed by such person, no such person
shall be personally liable to any Owner, or other party, including the Association, for any
damage, loss or prejudice suffered or claimed on account of any act, omission, error,
negligence (except gross negligence), any discretionary decision, or failure to make a
discretionary decision,by such person in such person's official capacity, PROVIDED,
that this section shall not apply where the consequences of such act, omission, error or
negligence are covered by insurance or bonds obtained by the Board pursuant to this
Declaration.
10.2 Indemnification of Board Members. Each Board member or Association
committee member, or Association officer, Association agent, or Declarant exercising the
powers of the Board, and their respective heirs and successors, shall be indemnified by
the Association against all expenses and liabilities, including attorneys' fees, reasonably
incurred by or imposed in connection with any proceeding to which he/she may be a
party, or in which he/she may become involved, by reason of being or having held such
position at the time such expenses or liabilities are incurred, except in such cases wherein
such person is adjudged guilty of intentional misconduct or gross negligence or a
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knowing violation of law in the performance of his/her duties, and except in such cases
where such person has participated in a transaction from which said person will
personally receive a benefit in money, property, or services to which said person is not
legally entitled, PROVIDED, that, in the event of a settlement, the indemnification shall
apply only when the Board approves such settlement and reimbursement as being in the
best interest of the Association. Nothing contained in this Section 10.2 shall, however,be
deemed to obligate the Association to indemnify any Member or Owner of a Lot who is
or has been a Board member or officer of the Association with respect to any duties or
obligation assumed or liabilities incurred by him under and by virtue of the Declaration
as a Member or Owner of a Lot covered thereby and not as a Board member or officer of
the Association.
ARTICLE 11
MORTGAGEE PROTECTION
11.1 Priority of Mortgagee. Notwithstanding all other provisions hereof, the
liens created under this Declaration upon any Lot for assessments shall be subject to tax
liens on the Lot in favor an any assessing unit and/or special district and be subject to the
rights of the secured party in the case of any indebtedness secured by first lien Mortgages
which were made in good faith and for value upon the Lot. Where the Mortgagee of a
Lot, or other purchaser of a Lot, obtains possession of a Lot as a result of Mortgage
judicial or nonjudicial foreclosure or deed in lieu thereof, such possessor and its
successors and assigns shall not be liable for the share of any assessment by the
Association chargeable to such Lot which becomes due prior to such possession,but will
be liable for any assessment accruing after such possession. Such unpaid share of
common expenses or assessments shall be deemed to be common expenses collectible
from all of the Lot Owners including such possessor, its successor and assigns.
11.2 Effect of Declaration Amendments. No amendment to this Declaration
shall be effective to modify, change, limit or alter the rights expressly conferred upon
Mortgagees in this instrument with respect to any unsatisfied Mortgage duly recorded
unless the amendment shall be consented to in writing by the holder of such Mortgage.
Any provision of this Article concerning rights of Mortgagees that is inconsistent with
any other provision of this Declaration shall control over such other inconsistent
provisions.
11.3 Rights of Lien Holder. A breach of any of the provisions, conditions,
restriction, covenants, easements or reservations herein contained shall not affect or
impair the lien or charge of any bona fide Mortgage made in good faith and for value on
any Lots, provided, however, that any subsequent Owner of the Lot shall be bound by
these provisions whether such Owner's title was acquired by foreclosure or trustee's sale
or otherwise.
11.4 Change in Manner of Architectural Review and Maintenance Within
Project. The Association shall not, without prior written approval of seventy-five
percent (75%) of all first Mortgagees (based upon one(1) vote for each first Mortgage
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owned) and seventy-five percent (75%) of all Owners (other than Declarant) of record by
act or omission change, waive or abandon any scheme of regulations, or enforcement
thereof, pertaining to the architectural design or the exterior appearance of Homes, the
exterior maintenance of Homes, maintenance of walkways, fences and driveways, or the
upkeep of lawns and plantings in the development, including the provisions of Articles 4
and 5 hereof
11.5 Copies of Notices. If the first Mortgagee of any Lot so requests the
Association in writing, the Association shall give written notice to such first Mortgagee
of an Owner/Mortgagor of a Lot has for more than sixty(60) days failed to meet any
obligation under this Declaration.
11.6 , Furnishing of Documents. The Association shall make available to
prospective purchasers, Mortgagees, insurers, and guarantors, at their request, current
copies of the Declaration, Bylaws, and other rules governing the Project, and the most
recent balance sheet and income/expense statement for the Association, if any has been
prepared.
ARTICLE 12
EASEMENTS
12.1 Association Functions. There is hereby reserved to Declarant and the
Association, or their duly authorized agents and representatives, such easements as are
necessary to perforin the duties and obligations of the Association as are set forth in the
Declaration, or in the Bylaws, and rules and regulations adopted by the Association.
12.2 Easements Over Common Areas. The Board, on behalf of the
Association and all members thereof, and as an attorney-in-fact for all Lot Owners with
an irrevocable power coupled with an interest, shall have authority to grant (in
accordance with applicable governmental laws and regulations)utility, road and similar
easements, licenses and permits,under, through or over the Common Area, which
easements the Board determines are reasonably necessary to the ongoing development"
and operation of the Project, provided, however, that no easement shall be granted within
any Native Growth Protection Area or Native Growth Protection Easement.
12.3 Access to Public Streets. Each Owner and his/her guests and invitees
shall have a perpetual, non-exclusive easement across all roadways constructed within the
Project, thereby providing access throughout the Project and to public streets.
12.4 Utility Easements. On each Lot, easements are reserved as provided by
the Plat Map and applicable laws, ordinances and other governmental rules and
regulations for utility installation and maintenance, including but not limited to,
underground electric power, telephone, water, sewer, drainage, and accessory equipment,
together with the right to enter upon the Lots at all times for said purposes.
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ARTICLE 13
TERM OF DECLARATION
13.1 Duration of Covenants. The covenants contained herein shall run with
and bind the land for a term of thirty(30) years from the date this Declaration is recorded,
after which time the covenants shall be automatically extended for successive periods of
ten (10) years each, unless an instrument executed in accordance with Section 14.1 below
shall be recorded, abandoning or terminating this Declaration.
13.2 Abandonment of Subdivision Status. The Association shall not, without
the prior written approval of the governmental entity having jurisdiction over the Project
and without prior written approval of one hundred percent (100%) of all first Mortgagees
(based upon one (1) vote for each first Mortgage owned) and one hundred percent
(100%) of all Owners (other then Declarant) of record, seek by act or omission to
abandon or terminate the subdivision status of the Project as approved by the
governmental entity having appropriate jurisdiction over the Project.
ARTICLE 14
AMENDMENT OF DECLARATION, PLAT MAP
14.1 Declaration Amendment. Amendments to the Declaration shall be made
by an instrument in writing entitled"Amendment to Declaration"which sets forth the
entire amendment, except as otherwise specifically provided for in this Declaration, any
proposed amendment must be approved by a majority of the Board prior to its adoption
by the Owners. Amendments may be adopted at a meeting of the Owners if seventy-five
percent (75%) of the Owners vote for such amendment or without any meeting if all
Owners have been duly notified and seventy-five percent (75%) of all the Owners
consent in writing to such amendment. Notwithstanding the foregoing, any amendment
to a provision of the Declaration establishing, providing for, governing or regulating the
following shall require the consent of seventy-five (75%) of all the Owners and seventy-
five percent (75%) of all the Mortgagees and the consent of the Declarant (so long as
Declarant owns any Lots): voting, assessments, assessment liens or subordination of
such liens, reserves for maintenance, repair and replacements of Common Areas,
insurance or bonds; use of Common Areas,responsibility for maintenance or repairs,
expansion or construction of the Project or the addition, annexation or withdrawal of
property to or from the Project, boundaries of Lots, converting of Lots into common
Areas or vice versa; dedicating or transferring all or any part of the Common Area to any
public agency, authority or utility, leasing of Lots; provisions for the benefit of the
Declarant, provisions for benefit of first Mortgagees, or holders, insures or guarantors of
first Mortgages, the interests in Common Areas; or imposition of any right of first refusal
or similar restrictions on the right of an Owner to sell, transfer or otherwise convey a Lot,
provided, that a Mortgagee who fails to respond in writing within thirty(30) days of a
written request to approve an amendment shall be deemed to have approved the request.
In all events, the amendment when adopted shall bear the signature of the president of the
Association and shall be attested by the secretary, who shall state whether the amendment
was properly adopted, and shall be acknowledged by them as officers of the Association.
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Amendments once properly adopted shall be effective upon recording in the appropriate
governmental offices where real estate conveyances are recorded for the county in which
the Project is located. It is specifically covenanted and understood that any amendment
to this Declaration properly adopted will be completely effective to amend any or all of
the covenants, conditions and restrictions contained herein that may be affected and any
or all clauses of this Declaration unless otherwise specifically provided in the section
being amended or the amendment itself
14.2 Plat Map. Except as otherwise provided herein, to effect an amendment
to the Declaration adopted as provided for in Section 14.1, the Plat Map may be
amended by revised versions or revised portions thereof, provided that the revised
version or revised portions reference the adopted amendment to this Declaration. Copies
of any such proposed amendment to the Plat Map shall be made available for the
examination of every Owner. Such amendment to the Plat Map shall be effective, once
properly adopted, upon having received any governmental approval required by law and
recordation in conjunction with the Declaration amendment in the appropriate
governmental office where real estate conveyances are recorded for the county in which
the Project is located.
14.3 Amendments to Conform to Construction. Declarant, upon Declarant's
sole signature, and as an attorney-in-fact for all Lot Owners with an irrevocable power
coupled with an interest, may at any time, until all Lots have been sold by Declarant, file
an amendment to the Declaration and to the Plat Map to conform data depicted therein to
improvements as actually constructed and to establish, vacate and relocate utility
easements and access road easements.
14.4 Amendments to Conform to Lending Institution Guidelines.
Declarant, upon Declarant's sole signature, and as an attorney-in-fact for all Lot Owners
with an irrevocable power coupled with an interest, may at any time,until all Lots have
been sold by Declarant, file an amendment to the Declaration and to the Plat Map to
conform data depicted therein to improvements as actually constructed and to establish,
vacate and relocate utility easements and access road easements.
14.5 Article 16 Amendments. Declarant, upon Declarant's sole signature, and
as an attorney-in-fact for all Lot Owners with an irrevocable power coupled with an
interest, may at any time, until all Lots have been sold by Declarant, file such
amendments to the Declaration and Plat Map as are necessary in the exercise of
Declarant's powers under Article 16. Annexations provided for in Article 16 shall be
approved and recorded as an amendment to this Declaration as provided in this Article
14.
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ARTICLE 15
INSURANCE
15.1 Insurance. The Board shall have authority in the exercise of its discretion
to obtain and maintain at all times as a common expense a policy or policies and bonds of
liability insurance and property insurance covering the ownership, use and operation of
all the Common Area(and Common Area improvements), if any, including common
personal property and supplies belonging to the Association; fidelity coverage for
Association Board members (including Declarant), officers, employees or agents, and
such other insurance as the Board may deem advisable or as may be required by the
Federal National Mortgage Association, Federal Home Loan Mortgage Association,
Veterans Administration or similar agencies or lending institutions. In the event of
damage to or destruction of any part of the Common Area improvements, the Association
shall repair or replace the same from the insurance proceeds available. If such insurance
proceeds are insufficient to cover the costs of repair or placement of the property
damaged or destroyed, the Association may make a reconstruction assessment against all
Lot Owners to cover the additional cost of repair or replacement not covered by the
insurance proceeds, in addition to any other common assessments made against such Lot
Owners.
ARTICLE 16
ANNEXATION AND WITHDRAWAL OF ADDITIONAL PROPERTIES
16.1 Annexation and Withdrawal by Declarant. Although not obligated to
do so, Declarant reserves the right to develop as single family residential subdivisions
additional lands that would be in addition to and are nearby the land described in Exhibit
A ("Additional Lands"). Declarant may cause all or any portion of such Additional
Lands to be annexed to the existing Project without the assent of the members of the
Association, PROVDED, however, that the annexation of Additional Lands described in
this Article shall be adjacent to the then existing Project. Such Additional Lands shall be
deemed"adjacent"to the existing Project even if separated therefrom by land which (i) is
owned by Declarant, the Association or the Lot Owners as tenants in common, or(ii) is
owned by or dedicated to the public or a governmental agency or instrumentality, or(iii)
is available for the use or benefit of the Association or Lot Owners by easement or
otherwise, or(iv) is a public or private street, path,bicycle path, railroad track or other
improvement or easement for public transportation or utility service. Although not
obligated to do so, Declarant reserves the right to discontinue development of and
withdraw from the Project any unplatted land within the Project, including any
Additional Lands previously annexed, without the assent of the members of the
Association.
16.2 Non-Declarant Annexation. Annexation of Additional Lands other than
Declarant annexations provided for in Section 16.1 hereof shall require the assent of the
Owners, Mortgagees and Declarant as provided in Section 14.1
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16.3 Common Areas Within Additional Lands. Common Areas within any
Additional Lands subsequently annexed to the existing Project shall be available for the
common use of all Owners of Lots within the existing Project as well as within such
subsequently annexed Additional Lands. Likewise, Common Areas within the existing
Project shall be available for the common use of all Owners of Lots within such
subsequently annexed Additional Lands as well as within the existing Project.
ARTICLE 17
MISCELLANEOUS
17.1 Notices. Any written notice, or other document as required by this
Declaration, may be delivered personally or by mail. If by mail, such notice, unless
expressly provided for herein to the contrary with regard to the type of notice being
given, shall be deemed to have been delivered and received forty-eight (48) hours after a
copy thereof has been deposited in the United States first-class mail, postage prepaid,
properly addresses as follows:
(a) If to an Owner, other than Declarant, to the registered address of
such Owner, as filed in writing with the Board pursuant to the requirements of the
Bylaws, or if no such address is filed, then to the address of the Owner's Lot.
(b) If to Declarant, whether in its capacity as an Owner, or in any other
capacity,to the address which Declarant shall have advised the Board in writing.
(c) Prior to the expiration of the Declarant's management authority
pursuant to Section 5.2, notices to the Board shall be addressed either to an address to be
posted by the Board at all times in a conspicuous place or to the registered office of the
Association. In addition, from and after the expiration of the Declarant's management
authority, notice of the address of the Association shall be given by the Board to each
Owner, within a reasonable time after the Board has received actual notice of such
Owner's purchase of a Lot.
17.2 Conveyance, Notice Required. The right of an Owner to sell,transfer, or
otherwise convey his/her Lot shall not be subject to any right of approval, disapproval,
first refusal, or similar restriction by the Association or the Board or anyone acting on
their behalf. An Owner intending to sell a Lot shall deliver a written notice to the Board
at least two (2)weeks before closing, specifying the Lot being sold; the name and address
of the purchaser, of the closing agent, and of the title insurance company insuring the
purchaser's interest, and the estimated closing date. The failure of an Owner to properly
give such notice to the Board shall not invalidate the sale. The Board shall have the right
to notice the purchaser, the title insurance company, and the closing agent of the amount
of unpaid assessments and charges outstanding against the Lot, whether or not such
information is requested.
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17.3 Successor and Assigns. This Declaration shall be binding upon and shall
r
inure to the benefits of the heirs, personal representatives, successors and assigns of
Declarant, and the heirs, personal representatives, grantees, lessees, subleases and
assignees of the Owners.
17.4 Joint and Several Liability. In the case of joint ownership of a Lot, the
liability of each of the Owners thereof in connection with the liabilities and obligations of
Owners set forth in or imposed by this Declaration shall be joint and several.
17.5 Mortgagee's Acceptance.
17.5.1 Priority of Mortgage. This Declaration shall not initially be
binding upon any Mortgagee of record at the time of recording of this Declaration but
rather shall be subject and subordinate to said Mortgage.
17.5.2 Acceptance Upon First Conveyance. Declarant shall not
consummate the conveyance of title to any Lot until each Mortgagee of record at the time
of recording of this Declaration shall have accepted the provisions of this Declaration and
made appropriate arrangements for partial release of Lots from the lien of said Mortgage.
The issuance and recording of the first such partial release by said Mortgagee shall
constitute its acceptance of the provisions of this Declaration and acknowledgment that
this Declaration is binding upon all of the Lots remaining subject to its Mortgage,
provided, that, except as to Lots so released, said Mortgage shall remain in full effect.
17.6 Severability. The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of any one provision
or portion thereof shall not affect the validity or enforceability of any other provision
hereof.
7.7 Effective Date. The Declaration shall take effect upon recording.
17.8 Government Right of Access. Governmental entities shall have rights of
access and inspection for the open space and any drainage facilities contained therein.
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IN WITNESS WEREOF Cedar Avenue, LLC have executed this Declaration the
day and year first hereinabove written
CEDAR AVENUE, LC
a Washington limit`s lia.ility comp. y
F
F(
By
If
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STATE OF WASHINGTON )
ss:
COUNTY OF KING )
I certify that I know or have satisfactory evidence the
is the person who appeared before me, and said person
acknowledged that he signed this instrument, on oath stated that he was authorized to
execute this instrument and acknowledged it as the MANAGER of Cedar Avenue, LLC,
to be the free and voluntary act of such party for the uses and purposes mentioned in this
instrument.
DATED 14 1 c , 200S
0011111111040
ill LLTyl
I Print Name: i Cile L o
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414, NOTARY PUBLIC in and for the State of
ll4,•. 2:Atx Washington,� � residing at
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My Appointment expires: -5• •U
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EXHIBIT A
Legal Description of the Project
Lots 1-50 of Cedar Avenue as recorded in Volume aagof Plats, Pages Q 2
through(34, Records of King County, State of Washington, under Recording No.
aloo soso6 000a87
32