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HomeMy WebLinkAboutL_Sunsets_Edge_Bylaws_210624.pdfBYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 1 OF 15 Return Address: Royal Creek LLC 1048 West James Street, 104 Kent, WA 98032 WASHINGTON STATE AUDITOR/RECORDER’S Cover/Indexing Form (RCW 65.04) Document Title(s) (or transactions contained therein): 1. Bylaws for Sunset’s Edge Townhomes Homeowner Association Grantor(s) (Last name first, then first name and initials) 1. Royal Creek LLC Grantee(s) (Last name first, then first name and initials) 1. Royal Creek LLC Legal description (abbreviated: i.e., lot, block, plat or section, township, range) TRACT 1, HARRIES GARDEN HOME TRACTS THE SOUTH 50 FEET OF TRACT 2, HARRIES GARDEN HOME TRACTS TRACT 3, HARRIES GARDEN HOME TRACTS Full legal description provided on pages 13-14 of document. Assessor’s Property Tax Parcel or Account Number at the time of recording: 311990-0011, 311990-0010, and 311990-0005 Reference Number(s) of Documents assigned or released: None The Auditor or Recording Officer will rely on the information provided on this form. The staff will not read the document to verify the accuracy of or the completeness of the indexing information provided herein. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 2 OF 15 BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION ARTICLE I DEFINITIONS In construing these Bylaws, 1.1 "Association" means the nonprofit corporation as defined in these Bylaws and the corporation's successors and assigns. 1.2 "Board" means the Board of Directors of this Corporation constituted in accordance with Article V of these Bylaws. 1.3 "Corporation" means Sunset’s Edge Townhomes Homeowner Association, a Washington nonprofit corporation. 1.4 "Declarant" means Royal Creek LLC, a Washington limited liability company, and its successors and assigns if such successor or assignee should acquire: (i) Declarant's interest in the Property, or (ii) all of Declarant's rights under the Declaration pursuant to a recorded instrument executed by Declarant. 1.5 "Declaration" means the Declaration of Covenants, Conditions, Restrictions, and Easements ("CC&R's") for Sunset’s Edge Townhomes Homeowner Association, and all of the easements, covenants, restrictions and charges set forth therein, together with any annexation of additional property, and rules or regulations promulgated thereunder, as the same may be amended or supplemented from time to time in accordance with the provisions thereof. 1.6 "Director" means a director of the Corporation as described in and elected in accordance with Article V of these Bylaws. 1. 7 "Improvement" means every structure or improvement of any kind, including but not limited to, a fence, wall, street, sidewalk, driveway, trees, hedges or plantings, or other product of construction efforts on or in respect to the Common Area. "Improvement" does not include maintenance of turf, shrubs or trees. 1.8 "Lot" means a platted or partitioned lot or tract within the Property, with the exception of any tract or lot marked on any plat of any portion of the Property as common or open space. Each Lot shall constitute a private area for the exclusive use and enjoyment of the Owner of such Lot. 1.9 "Officer" means an officer of the Corporation as described in and elected in accordance with Article VI of these Bylaws. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 3 OF 15 1.10 "President" means the President of the Corporation as described in Article VI, Section 5 of these Bylaws. 1.11 "Property" means the real property legally described in the Declaration. 1.12 "Secretary" means the Secretary of the Corporation as described in Article VI, Section 6 of these Bylaws. 1.14 "Treasurer" means the Treasurer of the Corporation as described in Article VI, Section 7 of these Bylaws. All other capitalized terms not otherwise defined in these Bylaws shall have the meaning given to them in the Declaration. ARTICLE II OFFICES The principal office of the Corporation in the State of Washington shall be in the Renton, Washington metropolitan area, at a location determined by the Board. The Corporation shall have and continuously maintain in the State of Washington a registered office, and a registered agent whose office is identical with such registered office, as required by the nonprofit corporation laws of the State of Washington. The registered office may be, but need not be, identical with the principal office in the State of Washington, and the address of the registered office may be changed from time to time by the Board. Meetings of the Members and Directors may be held at such places as may be designated by the Board of Directors. ARTICLE III MEMBERSHIP, VOTING RIGHTS, AND POWERS AND OBLIGATIONS Section 1. Membership. Every Owner of one or more Lots shall, immediately upon creation of the Corporation and thereafter during the entire period of such Owner's ownership of one or more Lots, be a member of the Corporation. Membership shall be appurtenant to and shall not be separated from ownership of any Lot. Such membership shall commence, exist, and continue simply by virtue of such ownership, shall automatically expire upon termination of such ownership, and need not be confirmed or evidenced by any certificate or acceptance of membership. Section 2. Suspension. All voting rights of a Member shall be suspended during any period in which such Member is delinquent in the payment of an assessment duly established pursuant to the Declaration or is otherwise in default hereunder of these Bylaws, or under any other provisions of the Declaration or Rules and Regulations of the Association. The Board of Directors may also suspend the Member's right to use of any of the Common Areas during such BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 4 OF 15 period of default. Section 3. Voting Rights. Voting rights within the Corporation shall be allocated as set forth in the Declaration. Section 4. Powers and Obligations. The Corporation shall have, exercise and perform all of the following powers, duties, and obligations: (a) Declaration. The powers, duties and obligations granted to the Corporation by its Articles of Incorporation, the Declaration, and these Bylaws. (b) Statutory Powers. The powers, duties, and obligations of a nonprofit corporation pursuant to the general nonprofit corporation laws of the State of Washington and of a homeowner association of a planned community pursuant to the Washington Uniform Common Interest Ownership Act (RCW 64.90), as either may be amended from time to time. (c) General. Any additional or different powers, duties and obligations necessary or desirable for the purpose of carrying out the functions of the Corporation pursuant to the Declaration or otherwise promoting the general benefit of the Owners within the Property. The powers and obligations of the Corporation may from time to time be amended, repealed, enlarged or restricted by changes in the Declaration made in accordance with the provisions therein, accompanied by changes in the Articles of Incorporation of the Corporation or these Bylaws made in accordance with such instruments and with the nonprofit corporation laws of the State of Washington. ARTICLE IV MEETINGS OF OWNERS Section 1. Annual Meetings Prior to Transition Meeting. Prior to the Transition Meeting, as defined below, a meeting of Owners shall be held annually. Such meeting shall be called in accordance with Section 3 below. Section 2. Meetings to Elect Directors; Annual Meetings Following Transition Meeting. The first meeting of the Owners held for the purpose of electing Directors shall be the Transition Meeting, which shall be the initial meeting of the Corporation. The first annual meeting of the Corporation shall be held within one (1) year from the date of incorporation of the Association, and each subsequent annual meeting of the Members shall be held annually on a date within thirty (30) days of the anniversary date of the first annual meeting of the Members. Each such meeting shall be called in accordance with Section 3 below. At any annual meeting of Owners, the President, and any other Officer the Board or the President may designate, shall report on the activities and financial condition of the Corporation. Section 3. Notice of Meeting. Any meeting held pursuant to this Article IV shall be BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 5 OF 15 held on such date, at such time, and at such place within Renton, Washington, as may be designated by the Secretary. Written notice of each meeting of the Owners under this Article IV shall be given by, or at the direction of, the Secretary or other person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least ten (10) days before such meeting, but not more than fifty (50) days before such meeting, to each Owner entitled to vote thereat, addressed to the Owner's address last appearing on the books of the Corporation, or supplied by such Owner to the Corporation for the purpose of notice, and to any mortgagee having requested notice thereof. Mortgagees of a Lot may designate a representative to attend a meeting called under this Section 3. Such notice shall specify the place, day, and hour of the meeting, and the items on the agenda, including the general nature of any proposed amendment to the Declaration or these Bylaws, any budget changes, or any proposal to remove a Director or Officer. Notice of any such meeting may be waived by any Owner at any time. No Owner who is present at a meeting may object to the adequacy or timeliness of the notice given. Section 4. Proxies; Quorum; Voting. Each Owner and Declarant shall have the number of votes provided for in Article III, Section 3 of these Bylaws. Any Owner may give a proxy to any person, so long as such proxy is in writing, signed by such Owner, and filed with the Secretary. All proxies shall be revocable and shall automatically cease after one (1) year from the date of the proxy or upon conveyance by the Owner of his/her Lot. The presence, in person or by proxy, of Owners together entitled to cast at least 25% of the total votes entitled to be cast at any meeting shall constitute a quorum. Unless a greater percentage is required by law or the Declaration, the affirmative vote of a majority of the votes represented and voting shall constitute the act of the Owners. Voting of the Owners may be by mail with respect to any matter before the Owners. In any case in which voting by mail is necessary or desirable, the Secretary shall give written notice to all Owners at least ten (10) days before written ballots are scheduled to be mailed or otherwise delivered. If at least three (3) days before written ballots are scheduled to be mailed or otherwise delivered at least ten percent (10%) of the Owners petition the Board requesting secrecy procedures, then a written ballot shall be accompanied by a secrecy envelope, a return identification envelope to be signed by the Owner and instructions for marking and returning the ballot. Any vote by mail shall: (a) include a written resolution setting forth the proposed action, (b) state that the Owners are entitled to vote by mail for or against such resolution, (c) if the proposed action otherwise would require a meeting at which a certain quorum must be present and/or at which a certain percentage of total votes cast is required to authorize the proposed action, state the number of responses needed to meet such quorum requirement and/or the required percentage of total votes needed for approval, and (d) specify that the date by which all votes must be received at the principal office of the Corporation is the earlier of a date not less than twenty-five (25) days after the date of such notice. Votes received after the date specified shall be of no effect. Section 5. Special Meetings. Special meetings of the Owners may be called at any time by the President or a majority of the Board, or upon written request of Owners who are entitled to vote at least twenty-five percent (25%) of all of the votes. Business transacted at a special meeting shall be restricted to the purposes set forth in the notice thereof. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 6 OF 15 ARTICLE V BOARD OF DIRECTORS Section 1. General. The affairs of the Corporation shall be managed by the Board, which shall be comprised of the number of Directors determined as provided in Section 2 of this Article V. The Board shall have all requisite power, duty and authority to perform its obligations under the Declaration, the Articles of Incorporation, these Bylaws, the nonprofit corporation laws of the State of Washington and the Washington Uniform Common Interest Ownership Act, including, without limitation, the power, duty, and authority to enforce the provisions of the Declaration and these Bylaws and to acquire and pay for, out of the funds provided by assessments pursuant to the Declaration, all goods and services necessary or appropriate for the proper functioning of the Corporation in accordance with the Declaration and these Bylaws. Section 2. Number; Appointment by Declarant Prior to Transition Meeting. Prior to the Transition Meeting, the Declarant may appoint any number of Directors from one (1) to three (3), at its discretion. The Directors shall not be required to be Owners. After the Transition Meeting, all Directors shall also be Owners. At and following the Transition Meeting, the affairs of this Association shall be managed by a Board of Directors consisting of three (3) Directors, who shall be Owners. Director positions shall be open to only one Owner per Lot, regardless of the number of Owners of that Lot. Voting for Directors shall not be cumulative. Section 3. Election of Directors. At and after the Transition Meeting, all Directors shall be elected by a majority vote of the Owners who cast votes, whether in person, by proxy, or by mail, taken at the annual meeting or at a special meeting called therefor, with each Owner entitled to the votes specified in Article III, Section 3. Section 4. Terms of Directors. 4.1 The Directors elected at the Transition Meeting shall serve until the first annual meeting of the Corporation. 4.2 At the first annual meeting of the Corporation, the Owners shall elect one (1) Director for a term of one (1) year, one (1) for a term of two (2) years and one (1) for a term of three (3) years. 4.3 Except as provided in Article V, Sections 4.1 and 4.2, all Directors shall serve three (3)-year terms. Any Director may serve more than one (1) term. Section 5. Resignation. Any Director may resign at any time by sending a written notice of such resignation to the Secretary. Unless otherwise specified in such notice, a resignation shall take effect upon receipt of the notice by the Secretary. Section 6. Vacancies. Vacancies on the Board caused by the death, resignation or BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 7 OF 15 removal of a Director shall be filled by vote of the majority of the remaining Directors, even if they constitute less than a quorum. Any Director so elected shall serve the remainder of the replaced Director's term. Section 7. Meetings of the Board. 7.1 The initial meeting of the Board shall occur within ninety (90) days after the date the Articles of Incorporation for the Corporation are filed. 7.2 The Board shall meet at least annually, within thirty (30) days after each annual meeting of the Owners. At each annual meeting, the Board shall adopt a budget for the following fiscal year and determine the amount of the Assessment(s) (as defined in the Declaration) for such year. Within thirty (30) days after adopting the annual budget, the Board shall provide a summary of the budget to all owners. In addition, the Treasurer shall present to the Board a report on the financial condition of the Corporation, including a report of receipts and disbursements for the preceding calendar year, the allocation thereof to each Lot, and the estimated receipts and expenses for the coming year. If the Board fails to adopt a budget, the last adopted annual budget shall continue in effect. 7.3 Special meetings of the Board may be called at any time by the President or two Directors. Such meetings shall be scheduled by the Secretary within thirty (30) days after the Secretary's receipt of written requests signed by two or more Directors; provided that if the purpose of a special meeting is to elect a successor Secretary pursuant to Section 2 of Article VI or to consider removal of the Secretary pursuant to Section 3 of Article VI, such meeting may be scheduled by the President or, if the meeting is also for the purpose of electing a successor President or removing the President, any other Director. 7.4 Meetings of the Board shall be held at such place within Renton, Washington, as may be designated from time to time by the Board. 7.5 The Secretary shall give at least two days' written notice to each Director of special meetings of the Board, stating the date, time, and place of the meeting. To the extent notice is required, it shall be sent to the address of each Director as listed on the books of the Corporation, or to such other address as any Director may designate by written notice to the Secretary given at least ten (10) days prior to the giving of notice of the meeting. Notice of any meeting may be waived by any Director at any time. No Director who is present at a meeting may object to the adequacy or timeliness of the notice given. When a meeting is adjourned for fewer than thirty (30) days, whether or not a quorum is present at the adjourned meeting, no notice of the resumption or reconvening of such adjourned meeting need be given other than by announcement at the meeting at which such adjournment takes place. Section 8. Voting by the Board. Each Director shall have one vote. So long as a quorum is constituted, the vote of Directors together holding more than fifty percent (50%) of the total votes shall be a binding vote of the Board for all purposes, unless a greater percentage is BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 8 OF 15 required by law or the Declaration. Section 9. Quorum. The presence in person of a majority of the Directors shall constitute a quorum for voting at a Board meeting. The Board shall have the power to adjourn a meeting even if less than a quorum is present. Section 10. Removal. Any Director, other than a Director appointed by Declarant, may be removed, with or without cause, by the majority vote of Owners present and entitled to vote at any meeting of the Owners at which a quorum is present. No removal of a Director is effective unless the matter of removal was included in the notice of the meeting and listed as an item on the agenda. At such meeting, the Owners shall elect a replacement Director to serve the remainder of the replaced Director's term. Section 11. Compensation. No Director shall receive compensation for any service rendered to the Association. However, any Director may be reimbursed for the Director's actual expenses incurred in the performance of his or her duties. ARTICLE VI OFFICERS Section 1. Officers. The Officers shall be the President, the Treasurer, and the Secretary, each of whom shall be elected by the Board. After the Transition Meeting has been held, the same person shall not concurrently hold more than one office. The Board may designate such additional Officers as it deems appropriate. Section 2. Election and Term of Office. The Officers of the Corporation shall be elected annually by the Board and shall hold office at the pleasure of the Board and until their successors are elected and qualified. If any office becomes vacant, the Board shall elect a successor to fulfill the unexpired term at a special meeting of the Board called for such purpose. Section 3. Removal. The Board may remove any Officer, at any time, with or without cause, and a successor may be elected at a special meeting of the Board called for such purpose. Section 4. Compensation. Other than reimbursement of out-of-pocket expenses incurred on behalf of the Corporation, neither the President, the Treasurer, nor the Secretary shall receive any compensation from the Corporation for acting as an Officer, unless such compensation is authorized by the Board. Section 5. President. The President shall be a Director and shall be the chief executive officer of the Corporation. The President shall preside at all meetings of the Board, and, except to the extent otherwise provided in the Declaration, shall have all of the general powers and duties normally incident to the office of the chief executive officer of a corporation. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 9 OF 15 Section 6. Secretary. The Secretary shall not be required to be a Director or an Owner. The Secretary shall keep the minutes of all proceedings of the Board and all other Corporation records and shall attend to the giving of all notices to the Board and other notices pursuant to these Bylaws or the Declaration or required by law. The Secretary shall perform all other duties incident to the office of secretary of a corporation or as may be directed by the Board. The Secretary shall perform all such duties at the expense of the Corporation. Section 7. Treasurer. The Treasurer shall be responsible for Corporation funds and shall keep full and accurate financial records and books of account sufficient for proper accounting purposes showing all receipts and disbursements necessary for the preparation of all financial data and tax returns. The Treasurer shall be responsible for the deposit of all Corporation funds in such depositories as may from time to time be designated by the Board, and shall disburse Corporation funds for such purposes as may be permitted under these Bylaws or the Declaration. The Treasurer shall perform all other duties incident to the office of the Treasurer of a corporation or as may be directed by the Board. The Treasurer shall perform all such duties at the expense of the Corporation. ARTICLE VII SHARES OF STOCK AND DIVIDENDS PROHIBITED The Corporation shall not have or issue shares of stock. No dividends shall be paid and no part of the income of the Corporation shall be distributed to its Directors or Officers, or to the Owners. ARTICLE VIII LOANS TO DIRECTORS AND OFFICERS PROHIBITED Section 1. No Loans to Directors or Officers. No loan shall be made by the Corporation to its Directors or Officers. The Directors of the Corporation who vote for or assent to the making of a loan to a Director or Officer of the Corporation, and any Officer or Officers participating in the making of such loan, shall be jointly and severally liable to the Corporation for the amount of such loan until the repayment thereof. Section 2. Contribution; Subrogation. Any Director against whom a claim shall be asserted under or pursuant to this Article VIII shall be entitled to contribution from the other Directors who voted for the action upon which the claim is asserted. To the extent that any Director is required to pay such claim, he shall be subrogated to the rights of the Corporation against the debtor on the loan. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 10 OF 15 ARTICLE IX CONTRACTS, CHECKS, DEPOSITS AND FUNDS Section 1. Contracts. The Board may authorize any Officer or Officers or agent or agents of the Corporation, in addition to the Officers so authorized by these Bylaws, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation, and such authority may be general or confined to specific instances. Among other things, such contracts may provide for the employment of personnel necessary for the maintenance, upkeep, and repair of the Common Area. Section 2. Checks, Drafts, Etc. All checks, payment vouchers, drafts, or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Corporation (including checks or vouchers for the payment of the expenses incurred in maintaining the Common Area), shall be signed by such Officer or Officers or agent or agents of the Corporation and in such manner as shall from time to time be determined by the Board. Section 3. Deposits. All funds of the Corporation not otherwise employed shall be deposited from time to time to the credit of the Corporation in such banks, trust companies, or other depositories as the Board may select. All assessments, including Declarant subsidies, shall be deposited in a separate account in the name of the Association. All expenses of the Association shall be paid from such account. ARTICLE X FINANCIAL MATTERS AND RECORDS Section 1. General. The Corporation shall keep correct and complete books and records of account and shall also keep minutes of the proceedings of the Board and shall keep at its registered or principal office a record giving the names and addresses of the Directors. Section 2. Financial Statements. The Board may appoint a certified public accountant or certified public accounting firm as auditor, who shall not be an Officer or own any interest in any Lot, to audit the books and financial records of the Corporation. Within ninety (90) days after the end of each fiscal year, the Board shall distribute to each Owner and, upon request, any mortgagee of a Lot a copy of the annual financial statement of the Corporation, consisting of a balance sheet and income and expense statement for the preceding fiscal year. The Corporation shall make available to Owners and to holders, insurers or guarantors of any mortgage on a Lot, for their inspection and copying, upon request, during normal business hours or under other reasonable circumstances, current copies of: (i) the Declaration, Articles of Incorporation, Bylaws, and rules concerning the Property, (ii) the Corporation's most recent financial statement, (iii) the current operating budget of the Corporation, and (iv) all other records of the Corporation. Upon written request of a prospective purchaser of a Lot, the Corporation shall make available for examination and duplication during reasonable hours the documents and items described in BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 11 OF 15 items (i) through (iii) in the preceding sentence. The Corporation may charge a reasonable fee for furnishing copies of any documents, information, or records described in this Section 2. The fee may include reasonable personnel costs for furnishing such copies. Section 3. Tax Returns. The Board shall cause to be filed the necessary income tax returns for the Corporation. Section 4. Fiscal Year. The Corporation's fiscal year shall commence January 1 and shall end on December 31. ARTICLE XI TRANSFER OF CONTROL Section 1. Transition Meeting. The Declarant shall call a meeting for the purpose of turning over administrative control of the Association from the Declarant to the other owners, in accordance with the terms of the Declaration and these Bylaws. The Declarant shall give notice of such meeting as provided in Article IV, Section 3 of these Bylaws to each Owner. The notice shall state the purpose of the meeting, which shall be the relinquishment by Declarant of control of the administration of the Corporation, and the time and place at which the meeting is to be held. If Declarant does not call the Transition Meeting required by this Section 2 within the required period, any Owner may call such a meeting and give notice as required by this Section 1. At the Transition Meeting: (i) Declarant shall relinquish control of the administration of the Corporation and the Owners shall assume the control thereof, and (ii) the Directors of the Corporation then serving shall resign and the Owners (including Declarant) shall elect a board of Directors in accordance with these Bylaws. ARTICLE XII RULES AND REGULATIONS The Board shall have power to adopt and publish rules and regulations governing the conduct of persons and the operation and use of the Lots and the Common Area as it may deem necessary or appropriate to assure the peaceful and orderly use and enjoyment of the Property, and to establish penalties for the infraction thereof. Such rules and regulations may be adopted upon a majority vote of the members of the Board present at a meeting at which there is a quorum of Board members and as to which notice has been given as provided in these Bylaws. Such notice shall include a verbatim copy of all proposed rules and regulations. No rule or regulation shall be adopted without a copy thereof first having been delivered or mailed to each Owner at the last address for such Owner in the records of the Association. Upon adopting any such rules and regulations, the Board shall cause copies thereof to be delivered to each Owner. All such rules and regulations become binding on all Owners and occupants of all Lots upon the date of delivery. Any rule or regulation which conflicts with these Bylaws or the Declaration shall be null and void. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 12 OF 15 ARTICLE XIII MAINTENANCE The Corporation shall have the maintenance responsibilities set forth in the Declaration. Costs and expenses incurred by the Corporation in discharging its maintenance responsibilities shall be paid in the manner described in Article IX, Section 2. ARTICLE XIV ASSESSMENTS Section 1. Generally. All Lots shall be subject to assessment in accordance with the provisions of the Declaration. Regular Assessments shall be made on a monthly basis. Subject to amendment by the Board, the Association shall give written notice to each Owner as to the amount of the Regular Assessment with respect to each Lot on or before December 15 for each year for the calendar year commencing January 1 of the next year. The Regular Assessment shall be due and payable as the Board shall determine. Section 2. Request for Assessments Due. The Association shall provide, within ten (10) business days of receipt of a written request from an owner, a written statement that provides (i) the amount of assessments due from the Owner and unpaid at the time the request was received, such as regular and special assessments, fines, accrued interest, late payment charges and other charges, (ii) the percentage rate at which interest accrues on unpaid assessments and (iii) the percentage rate or fixed charge for late payments. The Association need not provide the amount of assessments due as provided in (i) if the Association has commenced litigation by filing a complaint against the Owner and the litigation is pending when the statement would otherwise be due. ARTICLE XV AMENDMENTS TO BYLAWS Section 1. Except as may be expressly provided in the Declaration, these Bylaws may be amended or repealed and new bylaws may be adopted by a majority of the Directors present at any regular meeting or at any special meeting, if at least two (2) days written notice is given of intention to amend or repeal and adopt new bylaws at such meeting accompanied by a copy or summary of the amendment; provided, however, that the Board shall have no authority to amend or repeal any provision of these Bylaws relating to the election, qualifications, powers, duties or terms of Directors without the approval of the Owners given at a special meeting called for such purpose; and provided, further, that all such amendments shall be consistent with the provisions of the Declaration. No special declarant right as defined in RCW 64.90 or contained in these Bylaws or the Declaration may be amended without the consent of Declarant and Declarant may unilaterally make the amendments to the Bylaws prior to the Transition Meeting. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 13 OF 15 Section 2. Declarant shall submit a written request for approval of any amendment of these Bylaws to HUD/VA if applicable. If HUD/VA fails to give written notice to Declarant of objections to the request within fifteen (15) days of the date of Declarant's request for approval, such HUD/VA approval shall be deemed to have been granted. A statement in the applicable document that all requisite approvals have been granted shall be sufficient to evidence of record any HUD/VA approvals required under the Bylaws. "HUD/VA'' means the federal Department of Housing and Urban Development, the Federal Housing Administration or the Veterans Administration. Request for approval may be sent to any of such agencies, or any other federal agency with responsibility for the matter at issue, and approval of such agency shall be considered HUD/VA approval for all purposes. ARTICLE XVI WAIVER OF NOTICE Whenever any notice is required to be given under the provisions of the nonprofit corporation laws of the State of Washington, as it exists or may be amended in the future, or under the provisions of the Articles of Incorporation or these Bylaws, a waiver thereof in writing signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XVII HEADINGS The headings contained in these Bylaws are for convenience and shall not in any way affect the meaning or interpretation of these Bylaws. ARTICLE XVIII LEGAL DESCRIPTION OF PROPERTY TAX PARCEL 3119900005: TRACT 1, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 34 OF PLATS, PAGE 38, RECORDS OF KING COUNTY, WASHINGTON. TAX PARCEL 3119900010: THE SOUTH 50 FEET OF TRACT 2, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 34 OF PLATS, BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 14 OF 15 PAGE(S) 38, RECORDS OF KING COUNTY, WASHINGTON. TAX PARCEL 3119900011: ALL THAT PORTION OF TRACT 3, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 34 OF PLATS, PAGE 38, IN KING COUNTY, WASHINGTON; EXCEPT THE NORTH 50.00 FEET THEREOF; AND THAT PORTION OF THE NORTH 50 FEET OF TRACT 2, HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 34 OF PLATS, PAGE 38, IN KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID TRACT 2, SAID POINT BEING ALSO ON THE WEST MARGIN OF SUNSET BOULEVARD N.E. (SUNSET HWY.). AS NOW ESTABLISHED AND SAID POINT BEING A NON-TANGENT POINT ON A CURVE TO THE LEFT FROM WHICH POINT THE RADIUS OF SAID CURVE BEARS SOUTH 78°23'41" EAST AT 985.37 FEET; THENCE ALONG THE EAST LINE OF SAID TRACT AND ALONG SAID CURVE AND MARGIN, THROUGH A CENTRAL ANGLE OF 2°57'18", AN ARC DISTANCE OF 50.82 FEET TO A POINT OF NON-TANGENCY FROM WHICH POINT THE RADIUS OF SAID CURVE BEARS SOUTH 81°20'59" EAST AT 985.37 FEET, SAID POINT BEING ALSO THE SOUTHEAST CORNER OF THE SAID NORTH 50 FEET OF TRACT 2; THENCE SOUTH 89°51 '00" WEST, ALONG THE SOUTH LINE OF SAID NORTH 50 FEET, 185.11 FEET TO THE SOUTHWEST CORNER OF SAID NORTH 50 FEET; THENCE NORTH 15°10'30" WEST ALONG THE WEST LINE OF SAID TRACTS 2 AND 3, A DISTANCE OF 103.54 FEET TO THE NORTHWEST CORNER OF THE SOUTH 50.00 FEET OF SAID TRACT 3; THENCE NORTH 89°51'00" EAST ALONG THE NORTH LINE THEREOF 126.55 FEET; THENCE SOUTH 00°09 '00" EAST 50.00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 2; THENCE NORTH 89°51'00" EAST ALONG SAID LINE 94.47 FEET TO THE POINT OF BEGINNING. ALSO KNOWN AS LOT 2 OF CITY OF RENTON LOT LINE ADJUSTMENT NO. LUA 95-154 LLA RECORDED ON NOVEMBER 16, 1995 AS RECORDING NO. 9511169011, IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON. BYLAWS OF SUNSET’S EDGE TOWNHOMES HOMEOWNER ASSOCIATION PAGE 15 OF 15 IN WITNESS WHEREOF, the undersigned being the Declarant herein, has executed this instrument this day of , 2019. Royal Creek LLC, A Washington limited liability company Signature: By: (Printed Name): Its: (Title): STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) THIS IS TO CERTIFY that on this _____ day of _____________, 2021, before me, a Notary public in and for the State of Washington, duly commissioned and sworn, before me personally appeared , to me known to be the (president, vice president, secretary, treasurer, or other authorized officer or agent, as the case may be) of the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument and that the seal affixed is the limited liability company seal of said limited liability company. WITNESS MY HAND and official seal the day and year in this certificate first above written. Print Name: ________________________ Notary Public in and for the State of Washington, residing at ____________________________________ Expiration Date: