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City of Renton 20050316001300
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Renton WA 98055 03/18/2005 13:11
KING COUNTY, WA
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Signature of Requesting Party
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After Recording Return to:
C. Thomas Foster
6450 Southcenter Blvd.#106
Seattle,WA. 98188
DECLARATION
OF
COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR
THE PLAT OF
HONEY BROOKE DIV. III
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DECLARATION OF COVENANTS, CONDITIONS,
AND RESTRICTIONS
FOR THE PLAT OF HONEY BROOKE DIV. III
THIS DECLARATION is made on this 15th day of June, 2004,by C. Thomas and
Maryl C. Foster, husband and wife and Gerald L. Stump and Kellie C. McNett, husband
and wife as owners of the property being subjected to this Declaration.
RECITALS
A. Declarant is the owner of that certain real property located in the City of
Renton, County of King, Washington, and more particularly described in Article 2 of this
Declaration.
B. Declarant desires to subject the real property described in Article 2 hereof to
the provisions of this Declaration to create a residential community of single-family
housing(as"single family" is defined below) and related uses as set forth in Section 6.2
hereof
NOW, THEREFORE, Declarant hereby declares that the real property described in
Article 2 of this Declaration, including the improvements constructed or to be constructed
thereon, is hereby subjected to the provisions of this Declaration and shall be held, sold,
transferred, conveyed, used, occupied, and mortgaged or otherwise encumbered subject to
the covenants, conditions, restrictions, easements, assessments, and liens, hereinafter set
forth,which are for the purpose of protecting the value and desirability of, and which shall
run with the title to, the real property hereby or hereafter made subject hereto, and shall be
binding on all persons having any right, title, or interest in all or any portion of the real
property now or hereafter made subject hereto, their respective heirs, legal representatives,
successors, successors-in-title, and assigns and shall inure to the benefit of each and every
owner of all or any portion thereof
ARTICLE 1
DEFINITIONS
1.1 Words Defined. The following words, when used in this Declaration or in
any Supplementary Declaration(unless the context shall prohibit), shall have the following
meanings:
1.1.1 "Association" shall mean Honey Brooke Div. III, Homeowners
Association, a Washington nonprofit corporation, its successors and assigns.
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1.1.2 "Board of Directors" or"Board"of the Association shall be the
appointed or elected body, as applicable, having its normal meaning under Washington
law.
1.1.3 "Bylaws" shall refer to the Bylaws of the Honey Brooke Div. III
Homeowners Association.
1.1.4 "Common Areas" shall mean any and all real and personal property
and easements and other interests therein, together with the facilities and improvements
located thereon as designated on the final plat of the Community or as otherwise conveyed
to the Association for the common use and enjoyment of the Owners.
1.1.5 "Community" shall mean and refer to that certain real property and
interest therein described in Article 2, and such additions thereto as may be made by
Declarant by Supplementary Declaration.
1.1.6 "Community-Wide Standard" shall mean the standard of conduct,
maintenance, or other activity generally prevailing in the Community. Such standard may
be more specifically determined by the Board of Directors of the Association. Such
determination, however, shall generally be made with reference to the standards originally
established by the Declarant.
1.1.7 "Declarant" shall mean and refer to C. Thomas Foster and his
successors-in-title and assigns,provided any such successor-in-title or assign shall acquire
for the purpose of development or sale all or any portion of the remaining undeveloped or
unsold portions of the real property described in Article 2, and provided further, in the
instrument of conveyance to any such successor-in-title or assign, such successor-in-title or
assign is designated as the"Declarant"hereunder by the grantor of such conveyance, which
grantor shall be the "Declarant"hereunder at the time of such conveyance; provided,
further, upon such designation of such successor Declarant, all rights of the former
Declarant in and to such status as "Declarant"hereunder shall cease, it being understood
that as to all of the property described in Article 2,which is now subjected to this
Declaration, there shall be only one "Declarant"hereunder at any one point in time.
1.1.8 "Development Period" shall mean that period of time beginning on
the date this Declaration is recorded in the records of King County and ending on the
earliest to occur of(i) five (5) years from the date of recording of this Declaration; or
(ii)the date Declarant holds a special meeting of the Association, in accordance with the
Bylaws, for the purpose of transitioning the management of the Association from the
Declarant to the Owners, or(iii)the date 120 days after Declarant has conveyed 75% of the
lots within the plat.
1.1.9 "Governing Documents" shall mean and refer to this Declaration,
the Articles of Incorporation(if any) and Bylaws of the Association, and rules and
regulations (if any) of the Community adopted by the Board, as any of the foregoing may
be amended from time to time.
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1.1.10 "Lot" shall mean any plot of land within the Community, whether or
not improvements are constructed thereon, which constitutes or will constitute, after the
construction of improvements, a residential dwelling site as shown on a plat recorded in the
records of King County.
1.1.11 "Mortgage"means any mortgage, deed of trust, and any and all other
similar instruments used for the purpose of encumbering real property in the Community as
security for the payment or satisfaction of an obligation.
1.1.12 "Mortgagee" shall mean the holder of a Mortgage.
1.1.13 "Occupant" shall mean any Person occupying all or any portion of a
residence or other property located within the Community for any period of time,
regardless of whether such Person is a tenant or the Owner of such property.
1.1.14 "Owner" shall mean and refer to the record owner, whether one or
more Persons, of the fee simple title to any Lot located within the Community, excluding,
however, any Person holding such interest merely as security for the payment or
satisfaction of an obligation.
1.1.15 "Person"means-any natural person, as well as a corporation,joint
venture,partnership (general or limited), association, trust, or other legal entity.
1.1.16 "Single Family" shall mean a single housekeeping unit,without
regard to the construction type or ownership of such unit, that includes not more than four
(4) adults who are legally unrelated.
1.1.17 "Supplementary Declaration"means an amendment or supplement
to this Declaration which subjects additional property to this Declaration or that imposes,
expressly or by reference, additional or modified restrictions and obligations on the land
described therein.
1.1.18 "Total Association Vote"means all of the votes attributable to
members of the Association (including votes of Declarant).
ARTICLE 2
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is,by the recording of this Declaration, subject to the
covenants and restrictions hereafter set forth and which,by virtue of the recording of this
Declaration, shall be held, transferred, sold, conveyed, used, occupied, and mortgaged or
otherwise encumbered subject to this Declaration is the real property described as:
LOTS 1 THROUGH 22,INCLUSIVE, OF HOMY BROOKE DIV. III,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 24.1-OF
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PLATS AT PAGES( tAND*RECORDS OF KING COUNTY,WASHINGTON
RECORDED UNDER RECORDING NUMBER200'(3 I C OO t Z 1 1 .
SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON
Common Areas: Any stormwater detention and drainage facilities, wetland tracts, and
private streets shown on the recorded plat as being maintained by the Association.
ARTICLE 3
HONEY BROOKE DIV. III HOMEOWNERS ASSOCIATION
3.1 Description of Association. The Association may, at the election of the
Declarant or the Association,be incorporated as a non-profit corporation organized and
existing under the laws of the State of Washington. The Association shall be charged with
the duties and vested with the powers prescribed by law and set forth in the Governing
Documents; provided, however, that no such Governing Documents, other than the
Declaration, shall for any reason be amended or otherwise interpreted so as to be
inconsistent with this Declaration.
3.2 Board of Directors. Declarant shall have the right to appoint or remove
any member or members of the Board of Directors or any officer or officers of the
Association until termination of the Development Period. Each Owner,by acceptance of a
deed to or other conveyance of a Lot, vests in Declarant the authority to appoint and
remove directors and officers of the Association during the Development Period. The
directors selected by the Declarant need not be Owners. The number of directors shall be
as set forth in the Bylaws. Following termination of the Development Period, the Board of
Directors shall be elected by the Owners in accordance with the Bylaws.
3.3 Membership. Every Owner of a fee interest in any Lot that is subject to
this Declaration shall be deemed to have a membership in the Association and membership
in the Association shall consist exclusively of such owners. The foregoing is not intended
to include Persons who hold an interest merely as security for the performance of an
obligation, and the giving of a security interest shall not terminate the Owner's
membership. No Owner, whether one or more Persons, shall have more than one (1)
membership per Lot. Membership shall be appurtenant to and may not be separated from
ownership of any Lot. The rights and privileges of membership, including the right to vote
and to hold office, may be exercised by a member or the member's spouse,but in no event
shall more than one (1)vote be cast nor office held for each Lot owned.
3.4 Voting. Members shall be entitled to one (1)vote for each Lot owned.
When more than one (1) Person holds an ownership interest in any Lot, the vote for such
Lot shall be exercised as those Owners themselves determine and advise the Secretary prior
to any meeting. In the absence of such advice, the Lot's vote shall be suspended in the
event more than one (1) Person seeks to exercise it.
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3.5 Architectural Control Committee. No construction, alteration, addition,
refurbishing, or erection of any structure or any nature whatsoever shall be commenced or
placed upon any part of the Community, except that which is installed by the Declarant, or
is approved in accordance with this Section, or as is otherwise expressly permitted herein.
Any such construction, alteration, addition, refurbishing, or erection shall not be made
unless and until plans and specifications showing the nature, kind, shape, size and height,
architectural design and detail,materials, workmanship, colors, location on site,
improvement and site grade elevations, and site landscaping shall have been submitted in
writing to and approved by the Architectural Control Committee (the "ACC") established
pursuant to this Section 3.5. The Board may employ architects, engineers, or other Persons
as it deems necessary to enable the ACC to perform its review. Written design guidelines
and procedures ("Design Guidelines")may be established by the Board for the exercise of
this review, which Design Guidelines may provide for a review fee. Copies of the Design
Guidelines shall be available to all Owners upon request for a reasonable fee.
3.5.1 The ACC shall consist of not less than one (1)nor more than three
(3)members,.who need not be Owners. So long as the Declarant owns any property for
development and/or sale in the Community, the Declarant shall have the right to appoint or
remove any or all members of the ACC. Upon the expiration or earlier surrender in writing
of such right, the Board shall appoint the members of the ACC. The Declarant has named
as the sole member of the
ACC.
3.5.2 Members of the ACC shall not be entitled to compensation for
services performed pursuant to this Section 3.5. The Association shall defend, indemnify,
and hold each members of the ACC harmless for any liability incurred while serving as a
member of the ACC.
3.5.3 The ACC shall be the sole arbiter of plans submitted to it and may
withhold approval for any reason, including aesthetic considerations, and it shall be entitled
to stop any construction in violation of approved plans or this Declaration.
3.5.4 PLANS AND SPECIFICATIONS ARE NOT APPROVED FOR
ENGINEERING OR STRUCTURAL DESIGN OR QUALITY OF MATERIALS, AND
BY APPROVING SUCH PLANS AND SPECIFICATIONS NEITHER THE ACC, THE
MEMBERS THEREOF,NOR THE ASSOCIATION ASSUMES LIABILITY OR
RESPONSIBILITY THEREFOR,NOR FOR ANY DEFECT IN ANY STRUCTURE
CONSTRUCTED FROM SUCH PLANS AND SPECIFICATIONS. NEITHER
DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, NOR THE OFFICERS,
DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY OF THEM SHALL
BE LIABLE IN DAMAGES TO ANYONE SUBMITTING PLANS AND
SPECIFICATIONS TO ANY OF THEM FOR APPROVAL, OR TO ANY OWNER OF
PROPERTY AFFECTED BY THESE RESTRICTIONS BY REASON OF MISTAKE IN
JUDGMENT,NEGLIGENCE, OR NONFEASANCE ARISING OUT OF OR IN
CONNECTION WITH THE APPROVAL OR DISAPPROVAL OR FAILURE TO
APPROVE OR DISAPPROVE ANY SUCH PLANS OR SPECIFICATIONS. EVERY
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PERSON WHO SUBMITS PLANS OR SPECIFICATIONS AND EVERY OWNER
AGREES THAT SUCH PERSON OR OWNER WILL NOT BRING ANY ACTION OR
SUIT AGAINST DECLARANT, THE ASSOCIATION, THE ACC, THE BOARD, OR
THE OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AND AGENTS OF ANY
OF THEM TO RECOVER ANY DAMAGES AND HEREBY RELEASES, REMISES,
QUITCLAIMS, AND COVENANTS NOT TO SUE FOR ALL CLAIMS, DEMANDS,
AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY
JUDGMENT,NEGLIGENCE, OR NONFEASANCE AND HEREBY WAIVES THE
PROVISIONS OF ANY LAW WHICH PROVIDES THAT A GENERAL RELEASE
DOES NOT EXTEND THE CLAIMS, DEMANDS, AND CAUSES OF ACTION NOT
KNOWN AT THE TIME THE RELEASE IS GIVEN.
3.6 Bylaws,Rules and Regulations. The Board on behalf of the Association
shall have the power to adopt,modify, and amend bylaws,rules and regulations governing
the Community,provided that such bylaws,rules and regulations shall not be inconsistent
with this Declaration and shall apply uniformly to all Owners, except as specifically
provided herein. The Board shall have the power to enforce the rules and regulations on
behalf of the Association and may prescribe penalties or fines for their violation. Any such
bylaws, rules and regulations shall become effective thirty(30) days after promulgation and
shall be mailed to all Owners prior to their effective date. A copy of the bylaws, rules and
regulations then in force shall be retained by the secretary of the Association. The
Declarant on behalf of the Board may adopt the initial bylaws, rules and regulations.
ARTICLE 4
ASSESSMENTS
4.1 Purpose of Assessment. The assessments provided for herein shall be used
for the general purposes of promoting the recreation,health, safety, welfare, common
benefit, and enjoyment of the Owners and occupants of Lots, including the maintenance of
real and personal property, all as may be more specifically authorized from time to time by
the Board of Directors.
4.2 Creation of the Lien and Personal Obligation for Assessments. Each
Owner of any Lot, by acceptance of a deed therefor,whether or not it shall be so expressed
in such deed, covenants and agrees to pay to the Association: (i) annual assessments or
charges; (ii) special assessments, such assessments to be established and collected as
hereinafter provided; and(iii) specific assessments established pursuant to the terms of this
Declaration, including,but not limited to,reasonable fines imposed in accordance with the
terms of this Declaration.
4.2.1 All such assessments, together with(i) late charges, (ii) interest set
by the Board, not to exceed the maximum rate permitted by law(but not to exceed eighteen
percent (18%)per annum), and(iii) costs, including,without limitation, reasonable
attorneys' fees actually incurred, shall be a charge on the land and shall be a continuing lien
upon the Lot against which each assessment is made.
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4.2.2 Each such assessment, together with late charges, interest, costs,
including,without limitation, reasonable attorneys' fees actually incurred, shall also be the
personal obligation of the person who was the Owner of such Lot at the time the
assessment fell due. Each Owner shall be personally liable for the portion of each
assessment coming due while the Owner of a Lot, and each grantee of an Owner shall be
jointly and severally liable for such portion thereof as may be due and payable at the time
of conveyance; provided,however, the liability of a grantee for the unpaid assessments of
its grantor shall not apply to any first Mortgagee taking title through foreclosure
proceedings or deed in lieu of foreclosure.
4.2.3 The Association shall,within five (5) days after receiving a written
request therefor and for a reasonable charge, furnish a certificate signed by an officer of the
Association setting forth whether the assessments on a specified Lot have been paid. Such
certificate shall be binding upon the Association as of the date of issuance.
4.2.4 Annual assessments shall be levied equally on all Lots. Assessments
shall be paid in such manner and on such dates as may be fixed by the Board. Unless
otherwise provided by the Board, the assessment shall be paid in annual installments.
4.3 Adoption of Budget. It shall be the duty of the Board to prepare and adopt
a budget covering the estimated costs of operating the Association during the coming year
and the assessments to be levied against each Lot, which may include an amount for capital
reserves in accordance with a capital budget separately prepared. The Board shall cause a
summary of the proposed operating and capital budgets and the proposed assessments
against each Lot for the following year to be mailed to each Owner. The Board shall set a
date for a special meeting of the Owners to consider ratification of the budget within thirty
(30) days after adoption by the Board and not less that fourteen(14)nor more than sixty
(60) days after the mailing of the proposed budgets and assessments. Unless at such
meeting the budget is rejected by at least seventy-five percent (75%) of the Total
Association Vote, in person or by proxy, the budget shall be ratified, whether or not a
quorum is present. In the event the proposed budget is rejected or the required notice is not
given, the budget in effect for the then current year shall continue in effect until the Owners
ratify a subsequent budget.
4.4 Revised Budget. If the financial circumstances or needs of the Association
materially change during any year, the Board may prepare and adopt a revised budget and
assessments for the balance of the year. The Board shall cause a summary of the proposed
revised budget and assessments to be mailed to each Owner and shall set a date for a
meeting of the Owners to consider ratification of the revised budget and assessments in the
same manner as the regular annual budget as set forth in Section 4.3 above.
4.5 Special Assessments. In addition to the other assessments authorized
herein, the Association may levy special assessments for expenses such as,but not limited
to, capital improvements from time to time if approved at a meeting by two-thirds (2/3) of
the Total Association Vote. Special assessments shall be paid as determined by the Board,
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and the Board may permit special assessments to be paid in installments extending beyond
the fiscal year in which the special assessment is imposed.
4.6 Lien for Assessments. All sums assessed against any Lot pursuant to this
Declaration, together with late charges, interest, costs, including, without limitation,
reasonable attorneys' fees actually incurred, as provided herein, shall be secured by a lien
on such Lot in favor of the Association. Such lien shall be superior to all other liens and
encumbrances on such Lot, except for(a) liens for ad valorem taxes; or(b) liens for all
sums unpaid on a first Mortgage or on any Mortgage to Declarant duly recorded in the
records of King County and all amounts advanced pursuant to such Mortgage and secured
thereby in accordance with the terms of such instrument. All other Persons acquiring liens
or encumbrances on any Lot after the recording of this Declaration shall be deemed to
consent that such liens or encumbrances shall be inferior to future liens for assessments, as
provided herein, whether or not prior consent is specifically set forth in the instruments
creating such liens or encumbrances.
4.7 Effect of Nonpayment of Assessments; Remedies of the Association.
Any assessment or installment thereof delinquent for a period of more than ten(10) days
shall incur a late charge in an amount as the Board may from time to time determine. The
Association shall cause a notice of delinquency to be given to any member who has not
paid within ten(10) days following the due date. If the assessment is not paid within thirty
(30) days, a lien, as herein provided, shall attach and, in addition, the lien shall include
interest set by the Board from time to time, on the principal amount due, late charges, costs
of collection, including, without limitation,reasonable attorneys' fees actually incurred,
and any other amounts provided or permitted by law.
4.7.1 In the event that the assessment remains unpaid after sixty(60) days,
the Association may, as the Board shall determine, institute suit to collect such amounts
and/or to foreclose its lien. Each Owner, by acceptance of a deed or as a party to any other
type of conveyance, vests in the Association or its agents the right and power to bring all
actions against such Owner personally, for the collection of such charges as a debt or to
foreclose the aforesaid lien in the same manner as other liens for the improvement of real
property.
4.7.2 The lien provided for in this Article shall be in favor of the
Association and shall be for the benefit of all other Owners. The Association, acting on
behalf of the Owners, shall have the power to bid on the Lot at any foreclosure sale or to
acquire, hold, lease, mortgage, or convey the same.
4.7.3 No Owner may waive or otherwise exempt himself from liability for
the assessments provided for herein, including,by way of illustration,but not limitation,
abandonment of the Lot.
4.7.4 All payments shall be applied first to costs, then to late charges, then
to interest and then to delinquent assessments.
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4.8 Suspension for Nonpayment of Assessment. If an Owner shall be in
arrears in the payment of any assessment due, or shall otherwise be in default of the
performance of any terms of the Governing Documents of the Association for a period of
thirty(30) days, said Owner's voting rights shall,without the necessity of any further
action by the Association,be suspended(except as against foreclosing secured parties) and
shall remain suspended until all payments, including interest thereon, are brought current
and any other default is remedied. No Owner is relieved of liability for assessments by
non-use of the Common Areas or by abandonment of a Lot.
4.9 Date of Commencement of Assessments. The assessments provided for
herein shall commence as to a Lot subject to this Declaration on the first day of the month
following conveyance of such Lot to a Person other than Declarant. The first annual
assessment shall be adjusted according to the number of months then remaining in that
fiscal year.
4.10 Specific Assessments. In addition to the general and special assessments
outlined above, the Board shall have the power to levy such specific assessments pursuant
to this Section 4.10 as, in its discretion, it shall deem appropriate. All other terms and
conditions of this Article 4 relating to general and special assessments shall apply to the
levy and collection of the specific assessments covered hereby and the Association shall
have all powers and remedies for collection and enforcement of such assessments as are
applicable to the general and special assessments set forth above. Fines levied pursuant to
Section 11.1 of this Declaration and the costs of maintenance performed by the Association
for which the Owner is responsible under Sections 5.3 and 5.4 of this Declaration shall be
specific assessments.
4.11 Common Areas Exempt. The Common Areas shall be exempt from
assessments by the Association.
ARTICLE 5
MAINTENANCE; CONVEYANCE OF COMMON AREAS TO ASSOCIATION
5.1 Association's Responsibility. The Association shall maintain and keep in
good repair the Common Areas described in Article 2 herein and any Common Areas
acquired by the Association in the future. The Association shall maintain all stormwater
detention and drainage facilities, wetland tract, and private streets as shown on the recorded
plat. If the streetlights are installed and there is no procedure for billing individual lot
owners then the Association shall pay the bills for the streetlights. The Association shall
also maintain all other facilities serving the Community not dedicated to or maintained by a
public entity. The foregoing maintenance shall be performed consistent with the
Community-Wide Standard.
5.2 Property Not Owned by Association. The Association shall have the
right, but not the obligation, to maintain other property, whether or not owned by the
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Association and whether within or without the Community, where the Board has
determined that such maintenance would benefit all Owners. The Association shall have
the right, but not the obligation, to maintain the property at such Lot Owners expense
pursuant to the procedure in Section 5.4 below. Without limitation of the foregoing, the
Association may enter into a joint maintenance agreement with adjoining property owners
or associations for the repair, maintenance and replacement of any shared facilities or other
property.
5.3 Damage Caused by Owner. In the event that the Association determines
that the need for maintenance, repair, or replacement, which is the responsibility of the
Association hereunder, is caused through the willful or negligent act of an Owner, or the
family, guests, lessees, or invitees of any Owner, the Association may perform such
maintenance,repair or replacement at such Owner's sole cost and expense, and all costs
thereof shall be added to and become a part of the assessment to which such Owner is
subject and shall become a lien against the Lot of such Owner.
5.4 Owner's Responsibility. Except as provided in Sections 5.1, 5.2 and 5.3
above, all maintenance of any Lot and all structures, parking areas, landscaping, and other
improvements thereon together with the landscaping and trees on any parking strip fronting
any such Lot, shall be the sole responsibility of the Owner thereof, who shall provide
maintenance consistent with the Community-Wide Standard and this Declaration. The
perimeter fencing, if any, shall be maintained and repaired, in uniform appearance,by the
abutting lot owners. In the event that the Board of Directors of the Association determines
that any Owner has failed or refused to discharge properly any of such Owner's obligations
with regard to the maintenance,repair, or replacement of items for which such Owner is
responsible hereunder, the Association shall, except in an emergency situation, give the
Owner written notice of the Association's intent to provide such necessary maintenance,
repair, or replacement at the Owner's sole cost and expense. The notice shall set forth with
reasonable particularity the maintenance,repairs, or replacement deemed necessary. The
Owner shall have ten(10) days after receipt of such notice within which to complete such
maintenance,repair, or replacement, or, in the event that such maintenance, repair, or
replacement is not capable of completion within a ten(10) day period, to commence such
work which shall be completed within a reasonable time. If any Owner does not comply
with the provisions hereof, the Association may provide any such maintenance, repair, or
replacement at such Owner's sole cost and expense, and all costs shall be added to and
become a part of the assessment to which such Owner is subject and shall become a lien
against the Lot.
5.5 Conveyance of Common Areas by Declarant to Association. The
Common Areas were conveyed to the Association on the recorded plat. The Association
accepted the conveyance and the Common Areas are now to be maintained by the
Association. The Common Areas are subject to an easement of common use and
enjoyment in favor of the Association and every Owner, their heirs, successors and assigns
in accordance with the terms and conditions of the Governing Documents. Such rights to
use the Common Areas are appurtenant to and shall not be separated from ownership of
any Lot and shall not be assigned or conveyed by any Lot Owner in any way except upon
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the transfer of title to such Lot, and then only to the transferee of such title and shall be
deemed so conveyed whether or not it shall be so expressed in the deed or other instrument
conveying title. Certain rights of use, ingress, egress, occupation, and management
authority in the Common Areas set forth elsewhere in this Declaration shall be reserved to
Declarant for the duration of the Development Period. Declarant shall not be required to
make any improvements whatsoever to property to be conveyed and accepted pursuant to
this Section.
5.6 If any Common Area is currently owned or is acquired in the future which is
designated as a steep slope, as a wetland, as a buffer, as a native growth protection area or
as any other type of sensitive area, then use of such Common Area shall be limited to
activities approved by the municipality which designated such Common Area as sensitive.
Notwithstanding the provisions in this Article 5, or in Section 10.1 below, or in any other
provision of this Declaration, there shall be no right or easement of ingress and egress,use
and enjoyment in or to such Common Area. Access shall be limited to maintenance
activities approved by the municipality.
ARTICLE 6
USE RESTRICTIONS AND RULES
6.1 GeneraURules and Regulations. This Article, beginning at Section 6.2,
sets out certain use restrictions which must be complied with by all Owners and Occupants.
These use restrictions may only be amended in the manner provided in Section 11.3 hereof
regarding amendment of this Declaration. In addition, the Board may, from time to time,
without consent of the Owners,promulgate, modify, or delete other use restrictions and
rules and regulations applicable to the Community. Such use restrictions and rules shall be
distributed to all Owners and Occupants prior to the date that they are to become effective
and shall thereafter be binding upon all Owners and Occupants until and unless overruled,
canceled, or modified in a regular or special meeting by a majority of the Total Association
Vote and the consent of Declarant during the Development Period.
6.2 Residential Use. Except as provided in this Section, all Lots shall be used
for single-family residential purposes exclusively with the exception that certain home
occupations may be permitted, subject to the guidelines and rules established by the Board,
if any, and subject to approval by the Board. Such home occupations may be limited to
certain business uses, shall not create any disturbance, noise, or unsightliness, shall not
unduly increase traffic flow or parking congestion, and shall not be in violation of any of
the provisions of the Governing Documents. Use of the Lots shall in all cases be in
compliance with all applicable laws, ordinances, rules and regulations.
6.3 Building and Landscaping Requirements and Restrictions. Except as
provided in Section 6.4 below, all residences constructed within the Community by any
Person shall be subject to design review and approval by the ACC which may cover the
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minimum size, architectural style, height, scope of improvements, quality of design,
materials, workmanship, and siting standards. Without restricting or limiting the authority
of the ACC pursuant to Section 3.5 in approving or disapproving of any specific proposal,
the following restrictions shall apply to the Community in general:
6.3.1 Only one Single Family home shall be permitted on each Lot. Two
story or split level homes shall include no less than 1,300 gross square feet of living space,
exclusive of one-story open porches and garages. One story homes shall include no less
than 1,000 gross square feet of living space, exclusive of one-story open porches and
garages.
6.3.2 After Declarant has completed construction of all houses in the
Community, any remodeling or exterior addition to any residence or other structure erected
or placed on any Lot shall be completed as to external appearance, including finished
painting, within six (6) months after the date of commencement of construction. All front,
side and rear yard landscaping must be completed within six (6) months from the date of
closing of the purchase of the residence by the Owner from the Declarant. In the event that
strict enforcement of this provision would cause undue hardship due to weather conditions,
this provision may be extended for a reasonable length of time when approved by the ACC.
6.3.3 All homes within the Community shall contain a garage; carports
shall not be permitted. Unless otherwise approved by the ACC, all garages must be
attached to, or incorporated in and made a part of, the residence constructed upon a Lot. In
granting waivers to this requirement, the ACC will consider functional necessity and
architectural desirability.
6.3.4 All driveways and parking areas shall be paved with material
approved by the ACC.
6.3.5 No fence, fencing-type barrier, or hedge of any kind in excess of six
(6) feet high or extending into the front yard of any residence shall be erected, allowed or
maintained upon any Lot,without the prior written consent of the ACC. All fences shall be
constructed of wood material unless approved by the ACC. Any such fence,barrier, row of
trees, or hedge shall be strictly in compliance with Design Guidelines, if any, established
by the ACC,which standards may provide for limited acceptable styles and/or
specifications.
6.3.6 Each home constructed on a Lot shall be built of new materials
except, with approval of the ACC, decorative items such as used brick, weathered
planking, and similar items. All visible masonry shall be native stone,brick or stucco.
Types and colors of exterior paint and stain must be submitted to the committee for
approval. Any change to the exterior color of any improvement located on a Lot,
including, without limitation, the dwelling,must be approved by the ACC.
6.3.7 All roofs on dwellings and garages shall be of composite, tile or
cedar shake and shall have a minimum pitch of four/twelve.
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6.4 Existing Residences. The existing residence on Lots 1 and 17 were
constructed prior to recording this Declaration and does not conform to all of the
provisions of this Article. The existing residence shall be exempt from the provisions of
Section 6.3 above and Subsection 6.6.5 of this Article 6 unless it is remodeled; demolished,
or substantially damaged by catastrophe, in which case any new construction placed on
Lots 1 and 17 shall conform to the provisions of these subsections.
6.5 Signs. No sign of any kind shall be erected by an Owner or Occupant
within the Community without the prior written consent of the ACC. Notwithstanding the
foregoing, the Board and the Declarant shall have the right to erect reasonable and
appropriate signs including,without limitation, signs related to Declarant's development
and marketing of residences within the Community. In addition, "For Sale" signs and
security signs consistent with the Community-Wide Standard and any signs required by
legal proceedings may be erected upon any Lot.
6.6 Vehicles. The term"vehicles" as used herein shall include, without
limitation, automobiles, vans, campers, trucks,buses,motor homes, mobile homes,boats,
jet skis, trailers, portable aircraft, motorcycles, snowmobiles, mini-bikes, scooters, go-carts,
dune buggies and any other towed or self propelled transportation type vehicle. The term
"passenger vehicles" as used herein shall include passenger automobiles, vans, small
trucks, motorcycles, and similar type vehicles used regularly and primarily as
transportation for the Occupants of the Lot. Vehicles used for commercial and recreational
purposes are not considered passenger vehicles. "Parking areas" shall refer to the number
of garage parking spaces and driveway areas in front of garages. However, driveway areas
shall be considered"parking areas" for passenger vehicles only.
6.6.1 No vehicles other than passenger vehicles in regular use may be
parked on any Lot or portion of the Community, except in parking areas on Lots, or in a
screened area on a Lot, if such screened area is approved by the ACC. Any vehicle
regularly parked in an unapproved area or for longer than twenty-four(24) consecutive
hours shall be considered a nuisance and may be removed from the Community.
6.6.2 No passenger vehicles may be parked on any Lot or portion of the
Community except in"parking areas" as defined in this Section.
6.6.3 Any passenger vehicle which is inoperable or unlicensed and not
capable of use on the public highways and which is parked on any parking area for a period
of more than forty-eight (48) hours shall be treated the same as a non-passenger vehicle
and shall be considered a nuisance and may be removed from the Community.
6.6.4 The Board may adopt and maintain current rules and regulations
concerning the parking and storage of vehicles on any Lot or any portion of the
Community. Said rules are to protect the Community from the potentially adverse impacts
of vehicles on the Community environment and to accommodate the evolving nature and
use of such vehicles. Such rules and regulations may provide for exceptions and/or
modifications to the conditions of this Section as determined in the sole discretion of the
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Board. The Board shall rule on any dispute as to the interpretation or application of this
Section and all rules and regulations established by the Board with respect to vehicles.
6.6.5 Off-street parking for at least three (3)passenger vehicles shall be
provided on each Lot. Covered enclosed parking shall be provided for one (1) or more
passenger vehicles, plus a driveway for at least two (2) additional passenger vehicles,
unless approved by the ACC.
6.7 Vehicles on Common Areas. No motorized vehicles shall be permitted on
pathways or unpaved Common Areas except vehicles being used for the limited purpose of
operating and maintaining utilities.
6.8 Leasing. Lots may be leased for residential purposes. All leases shall have
a minimum term of at least three (3)months. All leases shall require, without limitation,
that the tenant acknowledge receipt of a copy of the Declaration, Bylaws, and rules and
regulations of the Association.
6.9 Occupants Bound. All provisions of the Declaration, Bylaws, and of any
rules and regulations, which govern the conduct of Owners and which provide for
sanctions against Owners shall also apply to all Occupants. Fines may be levied against
Owners or Occupants. If a fine is first levied against an Occupant and is not paid timely,
the fine may then be levied against the Owner.
6.10 Animals. No animals, livestock or poultry of any kind shall be raised,bred
or kept in the Community; provided, however, that conventional household pets may be
kept on a Lot subject to the following restrictions: Pets shall not be kept,bred or
maintained for any commercial purposes. Owners shall be responsible for the immediate
clean up and removal of all fecal matter deposited by pets on any property other than the
Lot of the Owner of the pet. Pets shall be confined in the Owner's Lot unless on a leash
and accompanied by a responsible person. No domestic pet may be kept if it is a source of
annoyance or a nuisance. The Board shall have the authority to determine whether a
particular pet is a nuisance or a source of annoyance, and such determination shall be final
and conclusive. Pets shall be attended at all times and shall be registered, licensed and
inoculated from time to time as required by law.
6.11 Mining Prohibited. No portion of the Community shall be used for the
purpose of boring,mining, quarrying, or exploring for or removing oil or other
hydrocarbons,minerals, gravel, or earth.
6.12 Nuisance. Each Owner and Occupant shall prevent the development of any
unclean, unhealthy, unsightly, or unkempt condition on his or her Lot. No Lot shall be
used, in whole or in part, for the storage of any property or thing that will cause such Lot to
appear to be in an unclean or untidy condition; nor shall any substance, thing, or material
be kept that will emit foul or obnoxious odors or that will cause any noise or other
condition that will or might disturb the peace, quiet, safety, comfort, or serenity of the
occupants of surrounding property. No illegal, illicit, noxious or offensive activity shall be
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carried on within the Community, nor shall anything be done tending to cause
embarrassment, discomfort, annoyance, or nuisance to any Person using any property
within the Community. Without limiting the generality of the foregoing,no speaker, horn,
whistle, siren,bell, amplifier or other sound device, except such devices as may be used
exclusively for security purposes, shall be located, installed or maintained upon the exterior
of any Lot unless required by law or unless specifically approved by the ACC.
6.13 Unsightly or Unkempt Conditions. The pursuit of hobbies or other
activities, including specifically, without limiting the generality of the foregoing, the
assembly of and disassembly of motor vehicles and other mechanical devices,which might
tend to cause disorderly, unsightly, or unkempt conditions, shall not be undertaken outside
of homes or garages. Garage doors shall be kept closed at all times unless they are in use.
In addition, the storage of equipment, machinery, construction supplies or any similar
material on a Lot outside of the home and garage constructed thereon is strictly prohibited
except as required during the remodeling or refurbishing of improvements on such Lot and
then for not more than sixty(60) days.
6.14 Antennas. No television or radio antenna, tower, satellite dish, or exterior
antenna of any kind shall be placed, allowed, or maintained upon any Lot or any portion of
the Community unless screened from view from the street without the prior written consent
of the ACC. Each Owner and Occupant acknowledges that this provision benefits all
Owners and Occupants and each Owner and Occupant agrees to comply with this provision
despite the fact that the erection of an outdoor antenna or similar device would be the most
cost-effective way to transmit or receive the signals sought to be transmitted or received.
6.15 No Obstruction of Easements. Catch basins and drainage areas are for the
purpose of natural flow of water only. No obstructions or debris shall be placed in these
areas. No Owner or Occupant may obstruct or re-channel the drainage flows after location
and installation of drainage swales, storm sewers or storm drains. Declarant hereby
reserves for the benefit of Declarant and the Association and their respective successors
and assigns a perpetual easement across all Common Areas and Lots for the purpose of
maintaining or altering drainage and water flow. No structure,planting, or other material
shall be placed or permitted to remain upon any easement which may damage or interfere
with the installation and maintenance of any utilities, unless approved by the Board prior to
installation.
6.16 Sight Distance at Intersections. All property located at street intersections
shall be landscaped so as to permit safe sight across the street corners. No fence, wall,
hedge or shrub planting shall be placed or permitted to remain where it would create a
traffic or sight problem as determined by the ACC in its sole discretion.
6.17 Garbage Cans,Woodpiles,Etc. All garbage cans, woodpiles, air-
conditioning compressors, machinery, equipment and other similar items related to the
operation of the residence shall be located or screened so as to be concealed from view
from the street abutting the Lot on which such items are located. All rubbish, trash, and
garbage shall be regularly removed and shall not be allowed to accumulate. Trash,
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garbage, debris, or other waste matter of any kind may not be burned within the
Community.
6.18 Subdivision of Lot. No Lot shall be subdivided or its boundary lines
changed except with the prior written approval of the Architectural Review Committee.
Declarant, however, hereby expressly reserves the right to re-plat any Lot or Lots owned by
Declarant. Any such division,boundary line change, or re-platting shall not be in violation
of the applicable subdivision and zoning regulations.
6.19 Guns. The use of firearms in the Community is prohibited. The term
"firearms"includes without limitation BB guns,pellet guns, and firearms of all types.
6.20 Utilities. Except as may be permitted by the ACC, no overhead utility lines,
including lines for cable television, shall be permitted within the Community, except for
temporary lines as required during construction and except as such lines exist upon
recording of the plat of the Community or as required by utilities serving the Community.
6.21 Lighting. No colored lights (except holiday displays and yellow insect type
lights) shall be permitted at any location within the Community. All exterior fixtures that
are attached to the home shall be of compatible design and materials of the home. Any
post mounted exterior fixtures shall be of compatible design and materials as the fixtures
attached to the home. No fixtures which illuminate and excessively glare onto any other
Lot shall be permitted, and all exterior lights shall be screened to minimize impacts of light
and glare. No unshielded spot/floodlight fixtures are permitted.
6.22 Artificial Vegetation, Exterior Sculpture, and Similar Items. No
artificial vegetation, exterior sculpture, fountains, and similar items shall be permitted in
the front yard of any Lot unless approved by the ACC.
6.23 Mailboxes. All mailboxes located on Lots shall be of a style approved by
the ACC. Mailboxes shall be attached only to stands provided and maintained by the
Association in designated locations.
6.24 Clotheslines. No exterior clotheslines of any type shall be permitted upon
any Lot unless entirely screened from view from other Lots.
6.25 Exterior Security Devices. No exterior security devices, including,
without limitation, window bars, shall be permitted on any residence or Lot. Signs placed
on the Lot or the exterior of the residence stating that such residence is protected by a
security system are permissible.
6.26 Construction and Sale Period. So long as Declarant owns any property in
the Community for development and/or sale,the restrictions set forth in this Article 6 shall
not be applied or interpreted so as to prevent, hinder or interfere with development,
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construction and sales activities of Declarant or any builder or developer approved by
Declarant.
ARTICLE 7
INSURANCE AND CASUALTY LOSSES
7.1 Insurance Coverage. The Board of Directors or the duly authorized agent
of the Association shall have the authority to and shall obtain or cause to be obtained
insurance as follows:
7.1.1 The Board shall obtain insurance on all insurable buildings and,
where the Board deems there to be a reasonable risk, other substantial structures whether or
not such buildings or structures are located on the Common Areas and which the
Association is obligated to maintain. Insurance on buildings shall provide, at minimum,
fire and extended coverage, including vandalism and malicious mischief; and shall be in an
amount sufficient to cover the full replacement cost of any repair or reconstruction in the
event of damage or destruction from any such hazard. Insurance on other substantial
structures shall cover those risks deemed advisable by the Board and shall be in such
amounts as are deemed advisable by the Board. The Board may insure other types of
improvements, including entry monuments, landscaping, and the like, as it deems
advisable. With respect to such other improvements, the Board shall determine the risks to
be insured and the amounts of insurance to be carried.
7.1.2 The Board shall obtain a public liability policy applicable to the
Common Areas covering the Association and its members for all damage or injury caused
by the negligence of the Association or any of its members or agents, and, if reasonably
available, directors' and officers' liability insurance. The public liability policy shall have
a combined single limit of at least One Million Dollars ($1,000,000.00) unless otherwise
determined by the Board.
7.1.3 The Board is hereby authorized to contract with or otherwise arrange
to obtain the insurance coverage required hereunder through the Declarant and to reimburse
Declarant for the cost thereof, and Declarant shall be authorized,but not obligated, to
purchase such insurance coverage for the benefit of the Association and the Owners upon
Declarant and the Association agreeing upon the terms and conditions applicable to
reimbursement by the Association for costs incurred by Declarant in obtaining such
coverage. Notwithstanding anything contained in this Declaration to the contrary, the
Board shall not be required to comply with the provisions of this Article if the Board has
contracted for or otherwise arranged to obtain the required insurance coverage through the
Declarant.
7.1.4 Premiums for all insurance shall be common expenses of the
Association. The policies may contain a reasonable deductible, and the amount thereof
shall not be subtracted from the face amount of the policy in determining whether the
insurance at least equals the full replacement cost.
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7.1.5 In the event insurance premiums in connection with the insurance
required by this Article 7 become prohibitively expensive, in the judgment of the Board,
the Board may with approval of seventy-five percent(75%) of the Total Association Vote
reduce the amount of the required insurance, self-insure itself, or discontinue the insurance
all together.
7.2 Policy Requirements. All such insurance coverage obtained by the Board
of Directors shall be written in the name of the Association, as trustee for the respective
benefited parties. Such insurance shall be governed by the provisions hereinafter set forth:
7.2.1 All policies shall be written with a company authorized to do
business in Washington.
7.2.2 Exclusive authority to adjust losses under policies obtained by the
Association shall be vested in the Association's Board of Directors; provided, however, no
Mortgagee having an interest in such losses may be prohibited from participating in the
settlement negotiations, if any,related thereto.
7.2.3 In no event shall the insurance coverage obtained and maintained by
the Association's Board of Directors hereunder be brought into contribution with insurance
purchased by individual Owners, occupants, or their Mortgagees, and the insurance carried
by the Association shall be primary.
7.2.4 All casualty insurance policies shall have an inflation guard
endorsement and an agreed amount endorsement if these are reasonably available and all
insurance policies shall be reviewed annually by one or more qualified persons, at least one
of whom must be in the real estate industry and familiar with construction in the City of
Renton.
7.3 Other Insurance. In addition to the other insurance required by this
Article 7, the Board shall obtain worker's compensation insurance, if and to the extent
necessary to satisfy the requirements of applicable laws. The Board may, in its discretion,
obtain a fidelity bond or bonds on directors, officers, employees, and other persons
handling or responsible for the Association's funds, if reasonably available. The
Association shall obtain additional insurance coverage, if and to the extent necessary to
satisfy the requirements of the Federal Home Loan Mortgage Corporation, the Federal
National Mortgage Association, the U.S. Department of Veterans Affairs, or the U.S.
Department of Housing and Urban Development.
7.4 Individual Insurance. By virtue of taking title to a Lot subject to the terms
of this Declaration, each Owner acknowledges that the Association has no obligation to
provide any insurance for any portion of individual Lots, and each Owner covenants and
agrees with all other Owners and with the Association that each Owner shall at a minimum,
carry fire and extended coverage casualty insurance on the Lot and all structures
constructed thereon in an amount sufficient to cover the full replacement costs of any
repair or reconstruction in the event of damage or destruction from any such hazard.
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7.5 Damage and Destruction—Insured by Association.
7.5.1 Immediately after damage or destruction by fire or other casualty to
all or any portion of any improvement covered by insurance written in the name of the
Association, the Board of Directors or its duly authorized agent shall proceed with the
filing and adjustment of all claims arising under such insurance and obtain reliable and
detailed estimates of the cost of repair or reconstruction of the damaged or destroyed
property. Repair or reconstruction, as used in this Section,means repairing or restoring the
property to substantially the same condition and location that existed prior to the fire or
other casualty, allowing for any changes or improvements necessitated by changes in
applicable building codes. The Board of Directors shall have the enforcement powers
specified in this Declaration necessary to enforce this provision.
7.5.2 Any damage or destruction to property covered by insurance written
in the name of the Association shall be repaired or reconstructed unless,within sixty(60)
days after the casualty, at least seventy-five percent (75%) of the Total Association Vote
otherwise agree. If for any reason either the amount of the insurance proceeds to be paid as
a result of such damage or destruction, or reliable and detailed estimates of the cost of
repair or reconstruction, or both, are not made available to the Association within such
period, then the period shall be extended until such information shall be made available;
provided, however, such extension shall not exceed sixty(60) days. No Mortgagee shall
have the right to participate in the determination of whether damage or destruction shall be
repaired or reconstructed.
7.5.3 If the damage or destruction for which the insurance proceeds are
paid is to be repaired or reconstructed and such proceeds are not sufficient to defray the
cost thereof, the Board of Directors shall,without the necessity of a vote of the
Association's members, levy a special assessment against all Owners in proportion to the
number of Lots owned by such Owners. Additional assessments may be made in like
manner at any time during or following the completion of any repair or reconstruction. If
the funds available from insurance exceed the costs of repair or reconstruction or if the
improvements are not repaired or reconstructed, such excess shall be deposited to the
benefit of the Association.
7.5.4 In the event that it should be determined by the Association in the
manner described above that the damage or destruction shall not be repaired or
reconstructed and no alternative improvements are authorized, then and in that event the
property shall be restored to its natural state and maintained as an undeveloped portion of
the Community by the Association in a neat and attractive condition.
7.6 Damage and Destruction—Insured by Owners. The damage or
destruction by fire or other casualty to all or any portion of any improvement on a Lot shall
be repaired by the Owner thereof within seventy-five (75) days after such damage or
destruction or, where repairs cannot be completed within seventy-five (75) days, they shall
be commenced within such period and shall be completed within a reasonable time
thereafter. Alternatively, the Owner may elect to demolish all improvements on the Lot and
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remove all debris therefrom within seventy-five (75) days after such damage or destruction.
In the event of noncompliance with this provision, the Board of Directors shall have all
enforcement powers specified herein.
7.7 Insurance Deductible. The deductible for any casualty insurance policy
carried by the Association shall, in the event of damage or destruction,be allocated among
the Persons who are responsible hereunder, or be a common expense of the Association.
ARTICLE 8
CONDEMNATION
In the event of a taking by eminent domain of any portion of the Common Areas on
which improvements have been constructed, then, unless within sixty(60) days after such
taking, at least seventy-five percent(75%) of the Total Association Vote shall otherwise
agree, the Association shall restore or replace such improvements so taken on the
remaining land included in the Common Areas to the extent lands are available therefor.
The provisions of Section 7.5, above, applicable to Common Areas improvements damage,
shall govern replacement or restoration and the actions to be taken in the event that the
improvements are not restored or replaced.
ARTICLE 9
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders of first Mortgages on Lots in
the Community. The provisions of this Article apply to both this Declaration and to the
Bylaws, notwithstanding any other provisions contained therein.
9.1 Notices of Action. An institutional holder, insurer, or guarantor of a first
Mortgage, who provides a written request to the Association(such request to state the
name and address of such holder, insurer, or guarantor and the Lot number, therefore
becoming an"eligible holder"), will be entitled to timely written report as to the current
status of said Lot with respect to the following:
9.1.1 Any condemnation loss or any casualty loss which affects a material
portion of the Community or which affects any Lot on which there is a first Mortgage held,
insured, or guaranteed by such eligible holder;
9.1.2 Any delinquency in the payment of assessments or charges owed by
an Owner of a Lot subject to the Mortgage of such eligible holder.
9.2 No Priority. No provision of this Declaration or the Bylaws gives or shall
be construed as giving any Owner or other party priority over any rights of the first
Mortgagee of any Lot in the case of distribution to such Owner of insurance proceeds or
condemnation awards for losses to or a taking of the Common Areas.
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9.3 Notice to Association. Upon request, each Lot Owner shall be obligated to
furnish to the Association the name and address of the holder of any Mortgage
encumbering such Owner's Lot.
9.4 VA/HUD Approval. As long as the Declarant has the right to appoint and
remove the directors of the Association and so long as the project is approved by the
U.S. Department of Housing and Urban Development ("HUD") for insuring or the
U.S. Department of Veterans Affairs ("VA") for guaranteeing any Mortgage in the
Community the following actions shall require the prior approval of the VA and/or HUD as
applicable: dedication of Common Areas to any public entity; mergers and consolidations;
dissolution of the Association, and material amendment of the Declaration, Bylaws or
Articles of Incorporation.
9.5 Applicability of Article 9. Nothing contained in this Article shall be
construed to reduce the percentage vote that must otherwise be obtained under the
Declaration, Bylaws, or Washington law for any of the acts set out in this Article.
9.6 Amendments by Board. Should the Federal National Mortgage
Association, the Federal Home Loan Mortgage Corporation, HUD or VA subsequently
delete any of their respective requirements which necessitate the provisions of this Article
or make any such requirements less stringent, the Board, without approval of the Owners,
may cause an amendment to this Article to be recorded to reflect such changes.
ARTICLE 10
EASEMENTS
10.1 Easements for Use and Enjoyment.
10.1.1 Every Owner of a Lot shall have a right and easement of ingress and
egress, use and enjoyment in and to the Common Areas which shall be appurtenant to and
shall pass with the title to each Lot, subject to the following provisions:
10.1.1.1 the right of the Association to charge reasonable fees
for the use of any portion of the Common Areas, to limit the number of guests of
Lot Owners and tenants who may use the Common Areas, and to provide for the
exclusive use and enjoyment of specific portions thereof at certain designated times
by an Owner, his family, tenants, guests, and invitees;
10.1.1.2 the right of the Association to suspend the voting
rights of an Owner and the right of an Owner to use certain Common Areas for any
period during which any assessment against such Owner's Lot remains unpaid;
10.1.1.3 the right of the Association to borrow money for the
purpose of improving the Common Areas, or any portion thereof, or for
construction, repairing or improving any facilities located or to be located thereon,
and to give as security for the payment of any such loan a Mortgage conveying all
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or any portion of the Common Areas; provided, however, the lien and encumbrance
of any such Mortgage given by the Association shall be subject and subordinate to
any rights, interests, options, easements and privileges herein reserved or
established for the benefit of Declarant, or any Lot or Lot Owner, or the holder of
any Mortgage, irrespective of when executed, given by Declarant or any Lot Owner
encumbering any Lot or other property located within the Community; and
10.1.1.4 the right of the Association to dedicate or transfer all
or any portion of the Common Areas subject to such conditions as may be agreed to
by the members of the Association. No such dedication or transfer shall be
effective unless an instrument agreeing to such dedication or transfer has been
approved by the affirmative vote of at least seventy-five percent (75%) of the Total
Association Vote; provided, however, that during the Development Period,
Declarant may, on its sole signature, dedicate or transfer portions of the Common
Areas, so long as such transfer or dedication does not materially and adversely
affect the Association or any Lot Owner.
10.1.2 Any Lot Owner may delegate such Owner's right of use and
enjoyment in and to the Common Areas and facilities located thereon to the members of
such Owner's family and to such Owner's tenants and guests and shall be deemed to have
made a delegation of all such rights to the Occupants of such Owner's Lot, if leased.
10.2 Easements for Utilities. There is hereby reserved to the Declarant, the
Association and any utility providers designated by either the Declarant or the Association
blanket easements upon, across, above and under all property within the Community for
access, ingress, egress, installation,repairing,replacing, and maintaining all utilities
serving the Community or any portion thereof, including,but not limited to, gas, water,
sanitary sewer, storm sewer, cable television, telephone and electricity. It shall be
Y
ex ressl permissible for the Declarant, the Association, or the designee of either, as the
P
case may be, to install, repair, replace, and maintain or to authorize the installation,
repairing, replacing, and maintaining of such wires, conduits, cables and other equipment
related to the providing of any such utility or service. This easement shall be utilized so as
to not unreasonably interfere with improvements constructed upon any Lot and the building
envelope for any unimproved Lot. Should any party furnishing any such utility or service
request a specific license or easement by separate recordable document, the Board shall
have the right to grant such easement.
10.3 Easement for Maintenance. Declarant hereby expressly reserves a
perpetual easement for the benefit of the Association across such portions of the
Community, determined in the sole discretion of the Association, as are necessary to allow
for the maintenance required under Article 5. Such maintenance shall be performed with a
minimum of interference to the quiet enjoyment of Owner's property, reasonable steps
shall be taken to protect such property, and damage shall be repaired by the Person causing
the damage at its sole expense.
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10.4 Easement for Entry Features. If Declarant installs an entry feature, there
is hereby reserved to the Declarant and the Association an easement for ingress, egress,
installation, construction, landscaping and maintenance of entry features and similar street-
scapes for the Community, as more fully described on the recorded subdivision plat for the
Community or any other recorded instrument, easement or conveyance. The easement and
right herein reserved shall include the right to cut,remove and plant trees, shrubbery,
flowers and other vegetation around such entry features and the right to grade the land
under and around such entry features.
10.5 Construction and Sale Period Easement. Notwithstanding any provisions
contained in this Declaration, the Bylaws, Articles of Incorporation,rules and regulations,
design guidelines, and any amendments thereto, so long as Declarant owns any property in
the Community for development and/or sale, Declarant reserves an easement across all
Community property for Declarant and any builder or developer approved by Declarant to
maintain and carry on, upon such portion of the Community as Declarant may reasonably
deem necessary, such facilities and activities as in the sole opinion of Declarant may be
required, convenient, or incidental to Declarant's and such builder's or developer's
development, construction, and sales activities related to property described above,
including, but without limitation: the right of access, ingress and egress for vehicular and
pedestrian traffic and construction activities over, under, on or in the Community,
including, without limitation, any Lot; the right to tie into any portion of the Community
with driveways,parking areas and walkways; the right to tie into and/or otherwise connect
and use (without a tap-on or any other fee for so doing), replace, relocate, maintain and
repair any device which provides utility or similar services including, without limitation,
electrical, telephone, natural gas, water, sewer and drainage lines and facilities constructed
or installed in, on, under and/or over the Community; the right to carry on sales and
promotional activities in the Community; and the right to construct and operate business
offices, signs, construction trailers, model residences, and sales offices. Declarant and any
such builder or developer may use residences, offices, or other buildings owned or leased
by Declarant or such builder or developer as model residences and sales offices. Rights
exercised pursuant to such reserved easement shall be exercised with a minimum of
interference to the quiet enjoyment of affected property,reasonable steps shall be taken to
protect such property, and damage shall be repaired by the Person causing the damage at its
sole expense. During the Development Period, this Section shall not be amended without
the Declarant's express written consent.
ARTICLE 11
GENERAL PROVISIONS
11.1 Enforcement. Each Owner and Occupant shall comply strictly with the
Association's Bylaws, rules and regulations, the use restrictions, as they may be lawfully
amended or modified from time to time, and with the covenants, conditions, and
restrictions set forth in this Declaration and in the deed to such Owner's Lot, if any. After
notice and an opportunity to be heard by the Board of Directors or by a representative
designated by the Board, and in accordance with rules and regulations adopted by the
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Board, the Board may levy reasonable fines for violations of the above (in addition to any
late charges that may be assessed in connection with the late payment of assessments or
other Association charges) in accordance with a previously established schedule adopted by
the Board and furnished to the Owners, which fines shall be collected as provided herein
for the collection of assessments. Failure to comply with this Declaration, the Bylaws or
the rules and regulations shall be grounds for an action to recover sums due for damages or
injunctive relief, or both, maintainable by the Board of Directors, on behalf of the
Association, or, in a proper case, by an aggrieved Owner. Failure by the Association or any
Owner to enforce any of the foregoing shall in no event be deemed a waiver of the right to
do so thereafter. The City of Renton shall have any and all authority to enforce this
Declaration with respect to the maintenance required in Section 5.1, including but not
limited to the maintenance of the stormwater detention and drainage facilities, wetland
tract, and private streets as shown on the plat.
11.2 Duration. This Declaration shall run with and bind the Community, and
shall inure to the benefit of and shall be enforceable by the Association or any Owner, their
respective legal representatives, heirs, successors, and assigns,perpetually to the extent
provided by law; provided, however, so long as and to the extent that Washington law
limits the period during which covenants restricting land to certain uses may run, any
provisions of this Declaration affected thereby shall run with and bind the land so long as
permitted by such law, after which time, any such provision shall be (a) automatically
extended(to the extent allowed by applicable law) for successive periods of ten(10) years,
unless a written instrument reflecting disapproval signed by the then Owners of at least
seventy-five percent(75%) of the Lots and the Declarant (so long as the Declarant owns
any property for development and/or sale in the Community) has been recorded within the
year immediately preceding the beginning of a ten(10)year renewal period agreeing to
change such provisions, in whole or in part, or to terminate the same, in which case this
Declaration shall be modified or terminated to the extent specified therein, except that the
maintenance responsibility under section 5.1 may not be eliminated without the approval of
the City of Renton; or(b) extended as otherwise provided by law. Every purchaser or
grantee of any interest(including, without limitation, a security interest) in any real
property subject to this Declaration,by acceptance of a deed or other conveyance therefor,
thereby agrees that such provisions of this Declaration may be extended and renewed as
provided in this Section.
11.3 Amendments.
11.3.1 This Declaration may be amended unilaterally at any time and from
time to time by Declarant (i) if such amendment is necessary to bring any provision hereof
into compliance with any applicable governmental statute, rule, or regulation or judicial
determination which shall be in conflict therewith; (ii) if such amendment is necessary to
enable any title insurance company to issue title insurance coverage with respect to the
Lots subject to this Declaration; (iii) if such amendment is required by an institutional or
governmental lender or purchaser of mortgage loans, including, for example, the Federal
National Mortgage Association or Federal Home Loan Mortgage Corporation, to enable
such lender or purchaser to make or purchase Mortgage loans on the Lots subject to this
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Declaration; or(iv) if such amendment is necessary to enable any governmental agency or
private insurance company to insure or guarantee Mortgage loans on the Lots subject to
this Declaration; provided, however, any such amendment shall not adversely affect the
title to any Owner's Lot unless any such Lot Owner shall consent thereto in writing.
Further, so long as Declarant owns any property for development and/or sale in the
Community, Declarant may unilaterally amend this Declaration for any other purpose;
provided, however, any such amendment shall not materially adversely affect the
substantive rights of any Lot Owners hereunder, nor shall it adversely affect title to any Lot
without the consent of the affected Lot Owner. Notwithstanding the above, this Declaration
shall not be amended with respect to the maintenance requirements for the stormwater
detention and drainage facilities, wetland tract, or private roads as shown on the plat
without prior written approval from the City of Renton.
11.3.2 This Declaration may also be amended upon the affirmative vote or
written consent, or any combination thereof, of the Owners of at least seventy-five percent
(75%) of the Total Association Vote and the consent of Declarant (so long as the Declarant
owns any property for development and/or sale in the Community). Amendments to this
Declaration shall become effective upon recordation, unless a later effective date is
specified therein.
11.4 Partition. The Common Areas shall remain undivided, and no Owner nor
any other Person shall bring any action for partition or division of the whole or any part
thereof without the written consent of all Owners of all portions of the property located
within the Community and without the written consent of all holders of all Mortgages
encumbering any portion of the property, including,but not necessarily limited to, the Lots
located within the Community.
11.5 Gender and Grammar. The singular, wherever used herein, shall be
construed to mean the plural,when applicable, and the use of the masculine pronoun shall
include the neuter and feminine.
11.6 Severability. Whenever possible, each provision of this Declaration shall
be interpreted in such manner as to be effective and valid,but if the application of any
provision of this Declaration to any person or to any property shall be prohibited or held
invalid, such prohibition or invalidity shall not affect any other provision or the application
of any provision which can be given effect without the invalid provision or application,
and, to this end, the provisions of this Declaration are declared to be severable.
11.7 Captions. The captions of each Article and Section hereof, as to the
contents of each Article and Section, are inserted only for convenience and are in no way to
be construed as defining, limiting, extending, or otherwise modifying or adding to the
particular Article or Section to which they refer.
11.8 Perpetuities. If any of the covenants, conditions, restrictions, or other
provisions of this Declaration shall be unlawful,void, or voidable for violation of the rule
against perpetuities, then such provisions shall continue only until twenty-one (21) years
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after the death of the last survivor of the now-living descendants of the individuals signing
this Declaration.
11.9 Indemnification. To the fullest extent allowed by applicable Washington
law, the Association shall indemnify every officer and director against any and all
expenses, including, without limitation, attorneys' fees, imposed upon or reasonably
incurred by any officer or director in connection with any action, suit, or other proceeding
(including settlement of any suit or proceeding, if approved by the then Board of Directors)
to which such officer or director may be a party by reason of being or having been an
officer or director. The officers and directors shall not be liable for any mistake of
judgment, negligent or otherwise, except for their own individual willful misfeasance,
malfeasance, misconduct, or bad faith. The officers and directors shall have no personal
liability with respect to any contract or other commitment made by them, in good faith, on
behalf of the Association(except to the extent that such officers or directors may also be
members of the Association), and the Association shall indemnify and forever hold each
such officer and director free and harmless against any and all liability to others on account
of any such contract or commitment. Any right to indemnification provided for herein
shall not be exclusive of any other rights to which any officer or director, or former officer
or director, may be entitled. The Association may, at the discretion of the Board,maintain
adequate general liability and officers' and directors' liability insurance to fund this
obligation, if such coverage is reasonably available.
11.10 Books and Records. This Declaration, the Articles of Incorporation, the
Bylaws, copies of rules and regulations, Design Guidelines, use restrictions, membership
register, books of account, and minutes of meetings of the members of the Board and of
committees shall be made available pursuant to reasonable procedures established by the
Board for inspection and copying by any member of the Association or by the duly
appointed representative of any member and by holders, insurers, or guarantors of any first
Mortgage at any reasonable time and for a purpose reasonably related to such Person's
interest as a member or holder, insurer, or guarantor of a first Mortgage at the office of the
Association or at such other reasonable place as the Board shall prescribe.
11.11 Financial Review. At least annually, the Board of Directors shall prepare,
or cause to be prepared, a financial statement of the Association. Upon written request of
any institutional holder of a first Mortgage and upon payment of all necessary costs, such
holder shall be entitled to receive a copy of such financial statement within ninety(90) days
of the date of the request.
11.12 Notice of Sale,Lease or Acquisition. In the event an Owner sells or leases
such Owner's Lot, the Owner shall give to the Association, in writing,prior to the effective
date of such sale or lease, the name of the purchaser or lessee of the Lot and such other
information as the Board may reasonably require. Upon acquisition of a Lot each new
Owner shall give the Association, in writing, the name and mailing address of the Owner
and such other information as the Board may reasonably require.
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11.13 Agreements. Subject to the prior approval of Declarant(so long as
Declarant owns any property for development and/or sale in the Community or has the
right to unilaterally annex additional property to the Community) all agreements and
determinations, including settlement agreements regarding litigation involving the
Association, lawfully authorized by the Board of Directors shall be binding upon all
Owners, their heirs, legal representatives, successors, assigns, and others having an interest
in the Community or the privilege of possession and enjoyment of any part of the
Community.
11.14 Implied Rights. The Association may exercise any right or privilege given
to it expressly by this Declaration, the Bylaws, the Articles of Incorporation, any use
restriction or rule or regulation, and every other right or privilege reasonably to be implied
from the existence of any right or privilege given to it therein or reasonably necessary to
effectuate any such right or privilege.
11.15 Variances. Notwithstanding anything to the contrary contained herein, the
Board of Directors or its designee shall be authorized to grant individual variances from
any of the provisions of this Declaration, the Bylaws and any Design Guideline rule,
regulation or use restriction established pursuant thereto if it determines that waiver of
application or enforcement of the provision in a particular case would not be inconsistent
with the overall scheme of development for the Community.
11.16 Litigation. No judicial or administrative proceeding shall be commenced
or prosecuted by the Association unless approved by at least seventy-five percent(75%) of
the Total Association Vote. This Section shall not apply, however, to (i) actions brought
by the Association to enforce the provisions of this Declaration(including, without
limitation, the foreclosure of liens), (ii)the imposition and collection of assessments as
provided in Article 4 hereof, (iii)proceedings involving challenges to ad valorem taxation,
or(iv) counterclaims brought by the Association in proceedings instituted against it. This
Section shall not be amended unless such amendment is made by the Declarant pursuant to
Section 11.3, hereof, or is approved by the percentage votes, and pursuant to the same
procedures, necessary to institute proceedings as provided above.
EXECUTED the day and year first above written.
Owner:
� f C
C. Thomas Foster(Declarant) a T C. Foster
/ •
1210 f.*;i
Gerald L. Stump Kellie C. cNett
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State of Washington gt )
)ss.
County of King )
I certify that I know or have satisfactory evidence that C. Thomas Foster,Maryl C. Foster,
Gerald L. Stump and Kellie C. McNett are the persons who appeared before me, and said
persons acknowledged that they signed this instrument and acknowledged it to be their free
and voluntary act for the uses and purposes mentioned in the ins ent.
(Seal Or Stamp) Dated:
Notary P lic in and for the State of
Washington 5� ---/-6
ze:c��t�oze�t�v��, Residing at: 7
t�• . %' Printed Name: 41777
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My Appointment EJ!res / /c/ a
r • c-.. A-0 t`
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