HomeMy WebLinkAboutRC 20141114000874 e e
CITY OF RENTON
City Clerk Division
1055 South Grady Way.; Suite 728 ill ni -
Renton, WA 98057
II I I III I III 11 1 11 111 01 1 11 11 II
20141114000874
ARON GOLDEN COV 115.00
PAGE-001 OF 044
11/14/2014 13:48
KING COUNTY, UA
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DECLARATION OF COVENANTS, CONDITIONS
AND RESTRICTIONS FOR
CIMARRON TOWNHOMES
Declarant: BREMERTON AVENUE TOWNHOMES, LLC,
a Washington limited liability company
Legal Description: Lot 2 KC S.P. #675015, Rec. No. 709050645
Lot 3 KC S.P. #675015, Rec. No.709050645
King County, Washington.
Additional legal description on Page 40 of document.
Tax Parcel No(s).: 152305-9035-01 and 152305-9193-09
TABLE OF CONTENTS
ARTICLE 1 - DEFINITIONS 1
ARTICLE 2 - MEMBERSHIP AND VOTING RIGHTS 3
2.1 Membership 3
2.2 Voting 4
ARTICLE 3 - RIGHTS AND OBLIGATIONS OF THE ASSOCIATION 4
3.1 Common Area 4
3.2 Common Area Property Rights 4
3.3 Rules 5
3.4 Enforcement 5
3.5 Rights 5
3.6 Indemnification 5
3.7 Dedication of Common Area 6
3.8 Security 6
3.9 Utility Lines 6
ARTICLE 4 - MAINTENANCE 7
4.1 Association's Responsibility 7
4.2 Owner's Responsibility 8
4.3 Private Drainage Easements 8
4.4 Private Road and Utilities Easements 10
4.5 Party Walls, Party Roofs and Party Exteriors 11
4.6 Standards of Performance 12
ARTICLE 5 - INSURANCE AND CASUALTY LOSSES 12
5.1 Association Insurance 12
5.2 Damage and Destruction 14
5.3 Disbursement of Proceeds 15
5.4 Repair and Reconstruction 15
ARTICLE 6 - NO PARTITION 15
ARTICLE 7 - CONDEMNATION 15
ARTICLE 8 -ASSESSMENTS 16
8.1 Creation of Assessments 16
8.2 Budget Approval and Computation of Base Assessment 17
8.3 Reserve Budget and Capital Contribution 18
8.4 Special Assessments 18
DECLARATION OF
CIMARRON TOWNHOMES
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8.5 Specific Assessments 18
8.6 Lien for Assessments 18
8.7 Date of Commencement of Assessments 18
8.8 Failure to Assess 19
8.9 Capitalization of Association. 19
8.10 Exempt Property 19
ARTICLE 9 -ARCHITECTURAL STANDARDS 20
9.1 General 20
9.2 Architectural Review. 20
9.3 Guidelines and Procedures. 21
9.4 No Waiver of Future Approvals 21
9.5 Variances 21
9.6 Limitation of Liability 21
9.7 Enforcement 22
ARTICLE 10 - USE GUIDELINES AND RESTRICTIONS 22
10.1 Plan of Development; Applicability; Effect. 22
10.2 Board Power 23
10.3 Members' Power 23
10.4 Owners' Acknowledgment 23
10.5 Rights of Owners 24
10.6 Initial Use Guidelines and Restrictions 25
ARTICLE 11 - EASEMENTS 28
11.1 Easements of Encroachment 28
11.2 Easements for Utilities, Etc 28
11.3 Easement for Emergency 28
11.4 Easements for Maintenance and Enforcement 29
ARTICLE 12 - MORTGAGEE PROVISIONS 29
12.1 Notices of Action 29
12.2 Other Provisions for First Lien Holders 30
12.3 Amendments to Documents 30
12.4 No Priority 31
12.5 Notice to Association 31
12.6 Amendment by Board. 31
12.7 Applicability of Article 12 32
12.8 Failure of Mortgagee to Respond. 32
ARTICLE 13 - DECLARANT'S RIGHTS 32
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ARTICLE 14 - DISPUTE RESOLUTION AND LIMITATION ON LITIGATION 32
14.1 Agreement to Avoid Costs of Litigation and to Limit Right to
Litigate Disputes 32
14.2 Exempt Claims 33
14.3 Mandatory Procedures for All Other Claims. 33
14.4 Allocation of Costs of Resolving Claims 35
14.5 Enforcement of Resolution 36
ARTICLE 15 - GENERAL PROVISIONS 36
15.1 Term 36
15.2 Amendment 36
15.3 Severability. 37
15.4 Litigation 37
15.5 Compliance 38
15.6 Notice of Sale or Transfer of Title 38
EXHIBIT A 40
DECLARATION OF
CIMARRON TOWNHOMES iii
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1.4 "Base Assessment". Assessments levied on all Lots subject to
assessment under Article 8 to fund Common Expenses for the general benefit of all
Lots, as more particularly described in Sections 8.1 and 8.2.
1.5 "Board of Directors" or "Board". The body responsible for administering
the Association, selected as provided in the Bylaws and serving as the Board of
Directors under Washington corporate law.
1.6 "Bylaws". The Bylaws of the Association, as they may be amended.
1.7 "Cimarron Townhomes". The development comprised of all property
subjected to this Declaration.
1.8 "Class "B" Control Period". The period during which the Class "B"
Member is entitled to appoint a majority of the Board members under Section 3.2 of the
Bylaws.
1.9 "Common Expenses". The actual and estimated expenses incurred, or
anticipated to be incurred, by the Association for the general benefit of all Owners,
including any reasonable reserve, all as may be found necessary and appropriate by
the Board under this Declaration, the Bylaws and the Articles of the Association.
Common Expenses include but are not limited to real estate taxes and similar charges
for Common Areas.
1.10 "Common Areas". The Common Areas are portions of the Property
owned and maintained by the Association for the benefit of all Owners as described
herein. Tract A is the only Common Area located in the Property. Tract A contains an
underground storm water detention vault, a driveway providing access to Lot 7, and an
open space/recreation area with a small tot lot. Declarant, on its sole signature, may
amend the Declaration to include additional Common Areas to be incorporated into
CIMARRON TOWNHOMES and subjected to this Declaration as provided for herein.
1.11 "Community-Wide Standards". Standards of conduct, maintenance or
other activity generally prevailing throughout the Property. Such standards may be
more specifically determined by the Board and the Architectural Control Committee.
1.12 "Declarant". BREMERTON AVENUE TOWNHOMES, LLC, a Washington
limited liability company, and its (a) successor by merger or consolidation, (b)
successor-in-title, or (c) assignee, provided any such successor-in-title or assignee shall
own or acquire for the purpose of development or sale all or any portion of the
remaining unsold portions of the real property described in the attached Exhibit A; and
provided further, in the instrument of conveyance to any such successor-in-title, such
successor-in-title or assignee is designated as "Declarant" hereunder by the grantor of
such conveyance or assignor, as the case may be, such grantor or assignor shall be the
"Declarant" under this Declaration at the time of such conveyance or assignment; and
DECLARATION OF
CIMARRON TOWNHOMES 2
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provided further, upon such designation of such successor Declarant, all rights of the
former Declarant in and to such status as "Declarant" under this Declaration shall
cease, it being understood that as to all of the property described in Exhibit A, which is
now or hereafter subjected to this Declaration, there shall be only one (1) "Declarant"
hereunder at any one point in time.
1.13 "Lot". Any contiguous portion of the Property, whether improved or
unimproved, other than Common Area and property dedicated to the public, which may
be independently owned, conveyed, developed and used as a detached residence for a
single family. The term shall refer to the land, if any, which is part of the Lot as well as
any improvements thereon. The Property consists of twenty-six (26) Lots, all of which
are shown on the Plat Map.
1.14 "Member". A person entitled to membership in the Association.
1.15 "Mortgage". Any mortgage, deed of trust or similar instrument used for the
purpose of encumbering the Property as security for the payment or satisfaction of an
obligation.
1.16 "Mortgagee". The holder of a Mortgage.
1.17 "Owner". One or more Persons who hold the record title to any Lot,
except persons holding an interest merely as security for the performance of an
obligation, in which case the equitable owner will be considered the Owner. Unless a
recorded contract of sale specifically provides otherwise, the purchaser (rather than the
fee owner) will be considered the Owner.
1.18 "Person". A natural person, corporation, partnership, trustee or any other
legal entity.
1.19 "Plat Map". The recorded subdivision map for U-0,N8A-rov: v.M eA-)
1.20 "Property". The real property described in Exhibit A.
1.21 "Special Assessments". All Assessments levied under Section 9.4.
1.22 "Specific Assessments". All Assessments levied under Section 9.5.
ARTICLE 2
MEMBERSHIP AND VOTING RIGHTS
2.1 Membership. Every Owner shall have a membership in the Association.
No Owner shall have more than one membership per Lot owned. If a Lot is owned by
more than one Person, all co-Owners shall be entitled to the privileges of membership,
subject to the restrictions on voting set forth in Section 2.2 and in the Bylaws. All
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CIMARRON TOWNHOMES 3
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co-Owners shall be jointly and severally obligated to perform the responsibilities of
Owners hereunder. The membership rights of an Owner who is a natural person may
be exercised by the Member or the Member's spouse. The membership rights of an
Owner which is a corporation, partnership or other legal entity may be exercised only by
the individual designated from time to time by the Owner in a written instrument
provided to the Secretary of the Association.
2.2 Voting. The Association shall have two (2) classes of membership, Class
"A" and Class "B".
2.2.1 Class "A". Class "A" Members shall be all Owners except the
Class "B" Member, if any. Each Class "A" Member shall have one (1) equal vote for
each Lot in which he or she holds the interest required for membership under Section
2.1. There shall be only one (1) vote per Lot. In any situation where there is more than
one Owner of a particular Lot, the vote for such Lot shall be exercised as such co-
Owners determine among themselves and advise the Secretary of the Association in
writing prior to any meeting. Absent such advice, the Lot's vote shall be suspended if
more than one Person seeks to exercise it.
2.2.2 Class "B". The sole Class "B" Member shall be Declarant. The
rights of the Class "B" Member are specified elsewhere in the Articles, Declaration and
Bylaws. The Class "B" Member may appoint a majority of the Board members during
the Class "B" Control Period, as specified in Section 3.2 of the Bylaws. The Class "B"
membership shall terminate and convert to Class "A" membership upon the earlier of (a)
five (5) years after expiration of the Class "B" Control Period; or (b) when, in its
discretion, Declarant so determines and declares in a recorded instrument.
ARTICLE 3
RIGHTS AND OBLIGATIONS OF THE ASSOCIATION
3.1 Common Area. The Association, subject to the rights of the Owners set
forth in this Declaration, shall manage and control the Common Area and all
improvements thereon and shall keep it in good, clean, attractive, safe, secure and
sanitary condition, order and repair under the terms and conditions of this Declaration
and consistent with the requirements of the City of Renton. It is anticipated that the
underground storm water detention vault will be maintained by the City of Renton.
3.2 Common Area Property Rights. Every Owner shall have a right and
nonexclusive easement of use, access and enjoyment in and to the Common Area,
subject to the following: (a) this Declaration, any other applicable covenants, and the
terms of any deed conveying such property to the Association; (b) the right of the Board
to adopt rules regulating the use and enjoyment of the Common Area, including rules
limiting the number of guests; and (c) the right of the Board to suspend an Owner's right
to use recreational facilities within the Common Area (i) for any period during which any
charge, including Assessments, against such Owner's Lot remains delinquent, and/or
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CIMARRON TOWNHOMES 4
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(ii) for a period not exceeding thirty (30) days for a single violation, or for a longer period
in the case of any continuing violation, of the Declaration, the Bylaws or rules of the
Association after notice and a hearing under the Bylaws. Any Owner may extend their
right of use and enjoyment to the Members of their family, lessees and social invitees,
as applicable, ofBoard. An Owner who leases their Lot shall be
the
pp , sub'1ect to rules
deemed to have assigned all such rights to the lessee.
3.3 Rules. The Association, through its Board, may make, modify and enforce
reasonable rules governing the use of the Property, consistent with the rights and duties
established by this Declaration, as provided in Article 10. Such rules shall bind all
Owners, occupants, invitees and licensees until and unless repealed or modified in a
regular or special meeting of the Association by the vote of sixty-seven percent (67%) of
the total Class "A" votes and, so long as such membership exists, by the Class "B"
Member.
3.4 Enforcement. The Association may impose sanctions for violations of this
Declaration, the Bylaws or rules, including without limitation reasonable monetary fines,
suspension of voting rights and the right to use any recreational facilities within the
Common Area. In addition, under the Bylaws, the Association may exercise self-help
remedies to cure violations and may suspend any services it provides to the Lot of any
Owner thirty (30) days or more delinquent in paying any Assessment or other charge
due to the Association. The Board may seek relief in any court for violations or to abate
nuisances. Board actions to impose or seek sanctions shall be governed by the
Bylaws.
3.5 Rights. The Association may exercise any right or privilege given to it
expressly by this Declaration or the Bylaws, or which may be reasonably implied from,
or reasonably necessary to effectuate, any such right or privilege.
3.6 Indemnification. The Association, to the fullest extent allowed by law,
shall indemnify every officer, director and committee member against all expenses,
including counsel fees, reasonably incurred by or imposed upon such officer, director or
committee member in connection with any action, suit or other proceeding (including
settlement of any suit or proceeding, if approved by the Board) to which he or she may
be a party by reason of being or having been an officer, director or committee member.
The officers, directors and committee members shall not be liable for any mistake of
judgment, except for their own individual misfeasance, malfeasance, misconduct or bad
faith, and shall have no personal liability to third parties with respect to any contract or
action taken by them in good faith on behalf of the Association. The Association shall
indemnify and hold each such officer, director and committee member harmless against
all liability to others on account of any such contract, commitment or action. Any right to
indemnification provided for herein shall not be exclusive of any other rights to which
any present or former officer, director or committee member may be entitled. The
Association shall, as a Common Expense, maintain adequate general liability and
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CIMARRON TOWNHOMES 5
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officers and directors liability insurance to fund this obligation, if such insurance is
reasonably available.
3.7 Dedication of Common Area. The Association, by Board resolution, may
dedicate or grant easements over or under portions of the Common Area on behalf of
the Owners to any local, state or federal government entity, public utility or private party
when such conveyance is consistent with the requirements of the City of Renton or
other applicable jurisdiction for the development of the Property, or Declarant's master
plan for the development of the Property. However, under no circumstances shall such
dedication be made, lawful or change possessory or maintenance responsibilities
without the written approval of the City of Renton.
3.8 Security. Neither the Association, Declarant nor any successor Declarant
shall in any way be considered insurers or guarantors of security within the Property.
Neither the Association, Declarant nor any successor Declarant shall be held liable for
any loss or damage for failure to provide adequate security or ineffectiveness of security
measures undertaken. All Owners and occupants of any Lot, and all tenants, guests
and invitees of any Owner, acknowledge that the Association and its Board, Declarant,
any successor Declarant, and the ACC represent or warrant that any fire protection
system, burglar alarm system or other security system designated by or installed
according to guidelines established by Declarant or the ACC may not be compromised
or circumvented; nor that any fire protection or burglar alarm system or other security
systems will prevent loss by fire, smoke, burglary, theft, holdup or otherwise; nor that
fire protection or burglar alarm systems or other security systems will in all cases
provide the detection or protection for which the system is designed or intended. All
Owners and occupants of any Lot, and all tenants, guests and invitees of any Owner
acknowledge and understand that the Association, its Board, committees, Declarant or
any successor Declarant are not insurers. All Owners and occupants of any Lot and all
tenants, guests and invitees of any Owner assume all risks for loss or damage to
persons, to Lots and to the contents of Lots, and further acknowledge that the
Association, its Board, committees, Declarant or any successor Declarant have made
no representations or warranties, nor has any Owner, occupant or any tenant, guest or
invitee of any Owner relied upon any representations or warranties, expressed or
implied, including any warranty of merchantability or fitness for any particular purpose
relative to any fire and/or burglar alarm systems or other security systems
recommended or installed or any security measures undertaken within the Property.
3.9 Utility Lines. Each Owner, occupant, guest and invitee acknowledges that
neither the Association, the Board nor Declarant shall in any way be considered
insurers or guarantors of health within the Property, and neither the Association, the
Board nor Declarant shall be held liable for any personal injury, illness or any other loss
or damage caused by the presence or malfunction of utility lines adjacent to, near, over
or on the Property. Each Owner, occupant, guest and invitee assumes all risk of
personal injury, illness or other loss or damage arising from the presence of utility lines,
DECLARATION OF
CIMARRON TOWNHOMES 6
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4.2 Owner's Responsibility. Except as otherwise set forth in the Declaration,
each Owner shall maintain their Lot, including without limitation all structures, fencing,
yard drains, drainage, landscaping, parking areas and other improvements comprising
the Lot consistent with the Community-Wide Standards and all applicable covenants,
unless such maintenance responsibility is assumed by or assigned to the Association.
In addition to any other enforcement rights, if any Owner fails to properly maintain their
Lot, the Association may perform such maintenance and assess the costs against the
Lot and the Owner under Article 9; provided, that the Association shall give the Owner
reasonable notice and an opportunity to perform such maintenance, unless the Board
determines that maintenance is needed on an emergency basis.
4.2.1 Slope Maintenance. Each Lot Owner must maintain and shall not
modify the slope grades of their Lot from the original grade and condition installed by
Declarant. Likewise, each Lot Owner must maintain and shall not modify any of the
original landscaping on any such slopes installed by Declarant. If Lot Owners fail to do
so, the Association shall perform all slope work necessary to maintain slope grades of
Lots and will assess the costs of such maintenance against the Lot and the Owner as
provided herein. No Lot Owner may modify or alter in any way the natural water
drainage from or across their Lot in a manner which would impair or prevent water
drainage into the water drainage conveyance systems internal to all Lots.
4.2.2 Fences and Irrigation.
(a) Fences. All fences in Units that abut roads, rights of way or
Association owned parks will be maintained and repaired by the Association. All
expenses of maintaining and repairing any fence located between two (2) Units
shall be shared equally by the two (2) Units located on either side of such fence.
Fences located along a Unit boundary with a Unit on one side and either
(a) green space or property which is not part of the Condominium, or (b) an
interior roadway within the Condominium on the other side shall be maintained
and expenses paid by the Unit Owner.
(b) Irrigation. The irrigation system for Common Areas and for the
front yards of Owners' Lots shall be separately metered and maintained by the
Association. The cost of irrigation expenses for the Common Areas and for the
front yards of Owners' Lots shall be paid by the Association as an Association
expense.
4.3 Private Drainage Easements and Maintenance of Private Drainage
Facilities. The Plat for the Property establishes a number of private drainage
easements over Lots for the benefit of specific Lots. All of the private drainage
easements are shown on the Plat Map. The Lots benefitted by any such private
drainage easements, and the Lots Owners responsible to maintain the private drainage
facilities located therein are as follows:
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CIMARRON TOWNHOMES 8
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4.3.1 The ten (10) foot private drainage easement located on Lot 3 is
for the benefit of Lots 1 and 2. The Owners of Lots 1, 2 and 3 are jointly responsible to
maintain any private drainage facilities located in such private drainage easement, the
costs of which maintenance shall be shared equally among the Owners of Lots 1, 2 and
3.
4.3.2 The ten (10) foot private drainage easement located on Lot 4 is
for the benefit of Lots 1, 2 and 3. The Owners of Lots 1 through 4 are jointly responsible
to maintain any private drainage facilities located in such private drainage easement,
the costs of which maintenance shall be shared equally among the Owners of Lots 1
through 4.
4.3.3 The ten (10) foot private drainage easement located on Lot 5 is
for the benefit of Lots 1 through 4. The Owners of Lots 1 through 5 are jointly
responsible to maintain any private drainage facilities located in such private drainage
easement, the costs of which maintenance shall be shared equally among the Owners
of Lots 1 through 5.
4.3.4 The ten (10) foot private drainage easement located on Lot 6 is
for the benefit of Lots 1 through 5. The Owners of Lots 1 through 6 are jointly
responsible to maintain any private drainage facilities located in such private drainage
easement, the costs of which maintenance shall be shared equally among the Owners
of Lots 1 through 6.
4.3.5 The ten (10) foot private drainage easement located on Lot 8 is
for the benefit of Lot 7. The Owners of Lots 7 and 8 are jointly responsible to maintain
any private drainage facilities located in such private drainage easement, the costs of
which maintenance shall be shared equally between the Owners of Lots 7 and 8.
4.3.6 The ten (10) foot private drainage easement located on Lot 9 is
for the benefit of Lot 10. The Owners of Lots 9 and 10 are jointly responsible to maintain
any private drainage facilities located in such private drainage easement, the costs of
which maintenance shall be shared equally between the Owners of Lots 9 and 10.
4.3.7 The ten (10) foot private drainage easement located on Lot 20 is
for the benefit of Lot 19 and Lots 21 through 24. The Owners of Lots 19 through 26 are
jointly responsible to maintain any private drainage facilities located in such private
drainage easement, the costs of which maintenance shall be shared equally among the
Owners of Lots 19 through 26.
4.3.8 The five (5) foot private drainage easement located on Lot 20 is
for the benefit of Lot 19. The Owner of Lots 19 is responsible to maintain any private
drainage facilities located in such private drainage easement, the costs of which
maintenance shall be paid by the Owner of Lot 19.
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CIMARRON TOWNHOMES 9
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4.3.9 The ten (10) foot private drainage easement located on Lot 23 is
for the benefit of Lots 21, 22, and Lots 24 through 26. The Owners of Lots 19 through
26 are jointly responsible to maintain any private drainage facilities located in such
private drainage easement, the costs of which maintenance shall be shared equally
among the Owners of Lots 19 through 26.
4.3.10 The five (5) foot private drainage easement located on Lot 23 is
for the benefit of Lot 21. The Owner of Lot 21 is responsible to maintain any private
drainage facilities located in such private drainage easement, the costs of which
maintenance shall be paid by the Owner of Lot 21.
4.3.11 The ten (10) foot private drainage easement located on Lot 24 is
for the benefit of Lots 21, 25 and 26. The Owners of Lots 22 through 26 are jointly
responsible to maintain any private drainage facilities located in such private drainage
easement, the costs of which maintenance shall be shared equally between the Owners
of Lots 22 through 26.
4.4 Private Road and Utilities Easements. The Plat for the Property
establishes a number of private road and utilities easements over Lots for the benefit of
specific Lots. All of the private road and utilities easements are shown on the Plat Map.
The City of Renton shall not be responsible for the maintenance and/or cleaning of
these private roads and utility easements. The Lots benefitted by any such private road
and utility easements, and the Lots Owners responsible to maintain the private road and
utilities facilities located therein are as follows:
4.4.1 The nineteen (19) foot private road and utilities easement located
on Lots 1, 2 and 3 is for the benefit of Lots 1, 2 and 3. The Owners of Lots 1, 2 and 3
are jointly responsible to maintain any private road and utility facilities located in such
private road and utilities easement, the costs of which maintenance shall be shared
equally among the Owners of Lots 1, 2 and 3.
4.4.2 The nineteen (19) foot private road and utilities easement located
on Lots 4 and 5 is for the benefit of Lots 4 and 5. The Owners of Lots 4 and 5 are jointly
responsible to maintain any private road and utility facilities located in such private road
and utilities easement, the costs of which maintenance shall be shared equally between
the Owners of Lots 4 and 5.
4.4.3 The nineteen (19) foot private road and utilities easement located
on Lots 8 and 9 is for the benefit of Lots 8 and 9. The Owners of Lots 8 and 9 are jointly
responsible to maintain any private road and utility facilities located in such private road
and utilities easement, the costs of which maintenance shall be shared equally between
the Owners of Lots 8 and 9.
4.4.4 The nineteen (19) foot private road and utilities easement located
on Lots 10 and 11 is for the benefit of Lots 10 and 11. The Owners of Lots 10 and 11
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CIMARRON TOWNHOMES 10
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are jointly responsible to maintain any private road and utility facilities located in such
private road and utilities easement, the costs of which maintenance shall be shared
equally between the Owners of Lots 10 and 11.
4.4.5 The nineteen (19) foot private road and utilities easement located
on Lots 12 and 13 is for the benefit of Lots 12 and 13. The Owners of Lots 12 and 13
are jointly responsible to maintain any private road and utility facilities located in such
private road and utilities easement, the costs of which maintenance shall be shared
equally between the Owners of Lots 12 and 13.
4.4.6 The twenty-six (26) foot private road and utilities easement
located on Lots 14 through 17 is for the benefit of Lots 14 through 17. The Owners of
Lots 14 through 17 are jointly responsible to maintain any private road and utility
facilities located in such private road and utilities easement, the costs of which
maintenance shall be shared equally between the Owners of Lots 14 through 17.
4.4.7 The nineteen (19) foot private road and utilities easement located
on Lots 19, 20, 21 and 23 is for the benefit of Lots 19, 20, 21 and 23. The Owners of
Lots 19, 20, 21 and 23 are jointly responsible to maintain any private road and utility
facilities located in such private road and utilities easement, the costs of which
maintenance shall be shared equally among the Owners of Lots 19, 20, 21 and 23.
4.4.8 The nineteen (19) foot private road and utilities easement located
on Lots 22, 24, 25 and 26 is for the benefit of Lots 22, 24, 25 and 26. The Owners of
Lots 22, 24, 25 and 26 are jointly responsible to maintain any private road and utility
facilities located in such private road and utilities easement, the costs of which
maintenance shall be shared equally among the Owners of Lots 22, 24, 25 and 26.
4.5 Party Walls, Party Roofs and Party Exteriors. Each wall built as a part of
the original construction on the Homes that serves or separates any two (2) adjoining
Homes shall constitute a party wall ("Party Wall"). Each roof and the exterior siding
constituting part of the building envelope of any Homes sharing a Party Wall shall
constitute a "Party Roof" and "Party Exterior". To the extent consistent with this Section
4.5, the general rules of law regarding party walls and liability for property damage due
to negligence or willful acts or omissions shall apply thereto. The Owners of the two
Homes adjoined by a Party Wall shall perform any routine maintenance work required in
connection with their Party Wall and Party Exterior, provided that the Board may elect to
have the Association perform such work. The Association shall be responsible for the
performance of all material maintenance and repair work for any Party Wall, Party Roof
and Party Exterior of Homes. Any restoration work performed with respect to a Party
Wall, Party Roof or Party Exterior shall be done in accordance with the plans and
specifications for the initial construction of the Homes. The costs of any such
maintenance and repair work, to the extent not paid out of insurance proceeds, shall be
shared equally by the Owners of the two adjoining Homes, but without prejudice to any
DECLARATION OF
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(a) be written with a company authorized to do business in Washington
which holds a B or better general policyholder's rating, or a financial performance
index of 6 or better in the Best's Key Rating Guide, or an A or better rating from
Demotech, Inc., or in the alternative, the highest rating generally available;
(b) be written in the name of the Association as trustee for the benefitted
parties (policies on the Common Area shall be for the benefit of the Association
and its Members);
(c) vest in the Board exclusive authority to adjust losses, provided that a
Mortgagee having an interest in such losses may participate in any settlement
negotiations;
(d) provide that it will not be brought into contribution with insurance
purchased by individual Owners, occupants or their Mortgagees;
(e) if for property insurance, have inflation guard endorsements, if
reasonably available;
(f) if containing a co-insurance clause, have an agreed amount
endorsement, if reasonably available; and
(g) provide for a Certificate of Insurance to be furnished to the
Association. A copy of such Certificate shall be provided by the Association to
any Member upon request.
The Association shall arrange for an annual review of the sufficiency of insurance
coverage by one or more qualified persons, at least one of whom must be in the real
estate industry and familiar with construction in the area of King County, Washington.
The Board shall use reasonable efforts to secure insurance policies that provide
endorsements:
(i) waiving subrogation as to any claims against the Association's
Board, officers, employees and Manager, the Owners and occupants of Lots and
their respective tenants, servants, agents and guests;
(ii) waiving rights of the insurer to repair and reconstruct instead of
paying cash;
(iii) providing that the policy may not be cancelled, invalidated,
suspended or subjected to non-renewal on account of any one or more individual
Owners;
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(iv) providing that the policy may not be cancelled, invalidated,
suspended or subjected to non-renewal on account of any curable defect or
violation without prior written demand to the Association to cure the defect or
violation and allowance of a reasonable time to cure;
(v) excluding individual Owner policies from consideration under any
other insurance clause; and
(vi) providing that the Association will be given at least thirty (30) days'
prior written notice of any cancellation, substantial modification or non-renewal.
The Association also shall obtain, as a Common Expense, a fidelity bond or
bonds, if generally available at reasonable cost, covering all persons responsible for
handling Association funds. The amount of fidelity coverage shall be determined by the
Board but, if reasonably available, may not be less than one-fourth (1/4) of the annual
Base Assessments on all Lots plus reserves on hand. Bonds shall contain a waiver of
all defenses based upon the exclusion of Persons serving without compensation and
shall require at least thirty (30) days' prior written notice to the Association of any
cancellation, substantial modification or non-renewal.
The Board shall also obtain liability insurance coverage for directors and officers
in the amount of at least Two Million Dollars ($2,000,000), if reasonably available,
insuring the Association and its officers, directors and committee members (former,
present and future) from liability for any actions or decisions for which the Association
would have the duty to indemnify them under this Declaration.
The Board shall also obtain, as a Common Expense, worker's compensation and
employer's liability insurance if and to the extent required by law, and such other
insurance as it deems necessary or advisable, including flood insurance.
5.2 Damage and Destruction.
5.2.1 Immediately after damage or destruction by fire or other casualty
to all or any part of the Property covered by insurance written in the name of the
Association, the Board or its agent shall file 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 condition existing prior to
the damage, with any changes needed to comply with applicable building codes and
subject to the required building permits and inspection process.
5.2.2 Any damage to the Common Area shall be repaired or
reconstructed unless at least seventy-five percent (75%) of the total Class "A" votes in
the Association, and the Class "B" Member, if any, decide within sixty (60) days after
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the loss either (a) not to repair or reconstruct, or (b) to construct alternative
improvements.
If either the insurance proceeds or reliable, detailed estimates of the cost
of repair or reconstruction are not available to the Association within the sixty (60) day
period, then the period may be extended for not more than sixty (60) additional days.
No Mortgagee shall have the right to participate in the determination of whether the
damage or destruction to the Common Area shall be repaired or reconstructed.
5.2.3 If it is determined that the damage to the Common Area shall not
be repaired or reconstructed and no alternative improvements on the affected portion of
the Property are authorized, the affected area shall be cleared of all debris and ruins
and thereafter maintained by the Association in a neat and attractive, landscaped
condition consistent with the Community-Wide Standards.
5.3 Disbursement of Proceeds. Any insurance proceeds remaining after
paying for repair or reconstruction or, if no repair or reconstruction is made, after such
settlement as is necessary and appropriate with the affected Owner and their
Mortgagees as their interests may appear, shall be retained by the Association and
placed in a capital improvements account. This is a covenant for the benefit of any
Mortgagee of a Lot and may be enforced by such Mortgagee.
5.4 Repair and Reconstruction. If the insurance proceeds are insufficient to
pay for repairing or reconstructing the damage to the Common Area, the Board may,
during and following the completion of any repair or reconstruction and without
membership approval, levy Special Assessments to pay for such repair or
reconstruction against those Owners responsible for the premiums for the applicable
insurance coverage under Section 5.1. The Association shall have the exclusive right to
deal with all venders, contractors or subcontractors in connection with the performance
of any such repair and/or reconstruction work.
ARTICLE 6
NO PARTITION
Except as permitted in this Declaration or amendments to this Declaration, the
Common Area shall remain undivided, and no Owner nor any other Person shall bring
any action for partition of the whole or any part thereof without the written consent of all
Owners and Mortgagees.
ARTICLE 7
CONDEMNATION
Whenever any part of the Common Area shall be taken or conveyed under threat
of condemnation by any authority having the power of eminent domain, each Owner
shall be entitled to notice thereof. The Board may convey Common Area under threat
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of condemnation only if approved in writing by at least sixty-seven percent (67%) of the
total Class "A" votes in the Association and Declarant, as long as Declarant owns any
Property described on Exhibit A.
The award made for such taking or conveyance shall be payable to the
Association as trustee for all Owners to be disbursed as follows: If the taking involves a
portion of the Common Area on which improvements have been constructed, the
Association shall restore or replace such improvements on the remaining land included
in the Common Area to the extent practicable, unless within sixty (60) days after such
taking, Declarant, so long as Declarant owns any Property described in Exhibit A, and at
least sixty-seven percent (67%) of the total Class "A" vote of the Association shall
otherwise agree. Any such construction shall be in accordance with plans approved by
the Board. The provisions of Section 5.3 regarding the disbursement of funds shall
apply to disbursement of awards.
ARTICLE 8
ASSESSMENTS
8.1 Creation of Assessments. There are hereby created three (3) types of
Assessments for Association expenses: (a) Base Assessments to fund Common
Expenses for the general benefit of all Lots, (b) Special Assessments as described in
Section 8.4, and (c) Specific Assessments as described in Section 8.5. Each Owner, by
acceptance of a deed or recording a contract of sale for any portion of the Property, is
deemed to covenant and agree to pay these Assessments as levied from time to time
by the Association.
All Assessments, together with interest at a rate set by the Board (not to exceed
eighteen percent [18%] or the highest rate allowed by Washington law, if less) from the
date of delinquency, late charges, costs and reasonable attorneys' fees, shall be a
charge and a continuing lien upon each Lot against which the Assessment is made until
paid, as more particularly provided in Section 8.6. Each such Assessment, with
interest, late charges, costs of collection, including reasonable attorneys' fees, also shall
be the personal obligation of the Person who was the Owner of such Lot at the time the
Assessment arose. If title to a Lot is transferred, the grantee shall be jointly and
severally liable for Assessments and charges due at the time of conveyance, except
that a first Mortgagee who obtains title to a Lot by exercising rights under the Mortgage
shall not be liable for previously accrued Assessments and related charges.
The Association shall, on request, furnish to any Owner a written certificate
setting forth whether Assessments have been paid for any particular Lot, on advance
payment of a reasonable processing fee as set by the Board.
Assessments shall be paid in a manner and by dates fixed by the Board. The
Board may allow payment of Assessments in installments. Unless the Board otherwise
provides, the Base Assessment shall be due in advance on a monthly basis on the first
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day of each month of the fiscal year. If any Owner is delinquent in paying any
Assessments or charges levied on the Lot, the Board may require all unpaid
Assessment installments to be paid immediately.
No Owner may exempt themself from liability for Assessments by non-use of
Common Area, abandonment of the Lot or any other means. The obligation to pay
Assessments is a separate and independent covenant of each Owner. No diminution or
abatement of Assessment or setoff shall be claimed or allowed for any alleged failure of
the Association to take any action required of it or for inconvenience or discomfort
arising from repairs or improvements or other actions taken by it.
During the Class "B" Control Period, Declarant may elect annually to pay the
Association either (a) regular Assessments on all of its unsold Lots within the Property,
notwithstanding the commencement date under Section 8.7, or (b) the difference
between the amount of Assessments against all other Lots and the necessary
expenditures of the Association within a division of the Property during the fiscal year.
Unless Declarant otherwise notifies the Board at least sixty (60) days before the
beginning of a fiscal year, or at any time during a fiscal year after at least sixty (60)
days' notice from Declarant to the Board, Declarant shall continue paying on the same
basis as the preceding fiscal year. Declarant's obligations hereunder may be satisfied
in cash, by "in kind" contributions of services or materials, or by a combination of these.
The Association is specifically authorized to enter into subsidy contracts or
contracts for "in kind" contribution of services and materials with Declarant or others for
payment of Common Expenses.
8.2 Budget Approval and Computation of Base Assessment. Within thirty (30)
days after adoption of any proposed budget for the Association, the Board shall provide
a summary of the budget to all Owners and shall set a date for a meeting of the Owners
to consider ratification of the budget not less than fourteen (14) nor more than sixty (60)
days after mailing of the summary. Unless at that meeting the budget is rejected by
both fifty-one percent (51%) of the Class "A" votes in the Association and the Class "B"
Member, if any, the budget is ratified, whether or not a quorum is present. In the event
the proposed budget is rejected, the periodic budget last ratified by the Owners shall be
continued until such time as the Owners ratify a subsequent budget proposed by the
Board.
The Base Assessment shall be set in aggregate amounts reasonably expected to
produce income equaling the total budgeted Common Expenses. In determining
Assessments, the Board may consider other sources of funds available to the
Association. In addition, the Board shall take into account the number of Lots subject to
assessment under Section 8.7 on the first (1st) day of the fiscal year for which the
budget is prepared and the number of Lots reasonably anticipated to become subject to
assessment during the fiscal year.
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Declarant may, but is not obligated to, reduce the Base Assessments by paying a
subsidy (in addition to any amounts paid by it under Section 8.1), which may be either a
contribution, an advance against future Assessments due from Declarant, or a loan, in
Declarant's discretion. Any such subsidy shall be disclosed as a line item in the
Common Expense budget. Payment of any subsidy shall not obligate Declarant to
continue subsidies in the future.
8.3 Reserve Budget and Capital Contribution. The Board shall annually
prepare reserve budgets for general purposes which take into account the number and
nature of replaceable assets, the expected life of each asset, and the expected
maintenance repair or replacement cost. The Board shall include in Base Assessments
capital contributions in amounts sufficient to meet these projected needs.
8.4 Special Assessments. In addition to other authorized Assessments, the
Association may levy Special Assessments from time to time to cover expenses greater
or different than those budgeted. Special Assessments shall be levied against the
entire membership. Except as otherwise specifically provided in this Declaration,
Special Assessments must be approved by the affirmative vote or written consent of
Owners representing at least a majority of the Class "A" votes, and consent of the Class
"B" Member, if any. Special Assessments shall be paid in a manner and by dates fixed
by the Board. The Board may allow payment in installments extending beyond the
fiscal year in which the Special Assessment is approved.
8.5 Specific Assessments. The Board may specifically assess against
particular Lots, expenses incurred by the Association to provide special benefits, items
or services (a) on request of the Owner of a Lot, (b) made necessary by the conduct of
the Owner or its licensees, invitees or guests, or (c) necessary to bring the Lot into
compliance with this Declaration, the Articles, the Bylaws or Association rules. Such
Specific Assessments may be levied by the Board after notice to the applicable Owners
and an opportunity for a hearing.
8.6 Lien for Assessments. The Association shall have a lien against each Lot
to secure payment of delinquent Assessments, interest, late charges and costs of
collection (including attorneys' fees). Such lien shall be prior and superior to all other
liens, except (a) the liens for taxes and governmental Assessments which by law are
superior, and (b) the lien of any first Mortgage of record (meaning any recorded
Mortgage with first priority over other Mortgages) made in good faith and for value.
Such lien, when delinquent, may be enforced by suit, judgment and foreclosure in the
same manner as a Mortgage.
The Association may bid for a Lot at the Foreclosure sale and acquire, hold,
lease, mortgage and convey the Lot. When a Lot is owned by the Association following
Foreclosure, (a) no right to vote shall be exercised on its behalf, (b) no Assessment
shall be levied on it, and (c) each other Lot shall be charged, in addition to its usual
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m n rata share of the Assessment that would have been charged Assessment, its pro such
Lot had it not been acquired by the Association. The Association may sue to recover a
money judgment for unpaid Assessments and related charges, including attorneys' fees,
without foreclosing or waiving the lien securing the same.
The sale or transfer of any Lot shall not affect the Assessment lien or relieve
such Lot from the lien for any Assessments thereafter becoming due. Where the
Mortgagee holding a first Mortgage of record or other purchaser of a Lot obtains title
pursuant to Foreclosure of the Mortgage, it shall not be liable for the share of the
Assessments which became due prior to such acquisition of title. Such unpaid share of
Assessments shall be deemed to be Common Expenses collectible from Owners of all
Lots including such acquirer.
8.7 Date of Commencement of Assessments. The obligation to pay
Assessments shall commence as to each Lot after the Board first determines a budget
and levies Assessments upon the first (1st) day of the month following the date of
conveyance of such Lot by Declarant to any Person other than a builder. The first
monthly Assessment levied on each Lot shall be adjusted according to the number of
days remaining in the monthly period at the time Assessments commence on the Lot.
8.8 Failure to Assess. Failure of the Board to fix the Assessment amounts or
rates or to deliver Assessment notices shall not be deemed a waiver, modification or a
release of any Owner from the obligation to pay Assessments. In such event, each
Owner shall continue to pay Base Assessments on the same basis as for the prior year
until a new Assessment is made, at which time any shortfalls in collections may be
assessed retroactively.
8.9 Capitalization of Association. Upon acquisition of record title to a Lot by
the first Owner other than a builder, a contribution shall be made by or on behalf of the
purchaser to the working capital of the Association in an amount equal to one-sixth (1/6)
of the annual Base Assessment per Lot for that year. This amount shall be in addition
to and not in lieu of the annual Base Assessment levied on the Lot and shall not be
considered an advance payment thereof. This amount shall be collected at the closing
of the Lot and disbursed to the Association for use in covering operating and other
expenses incurred by the Association under the terms of this Declaration and the
Bylaws, together with reserves established by the Association for future expenses of the
Association.
8.10 Exempt Property. All Common Areas are exempt from payment of Base
Assessments and Special Assessments:
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ARTICLE 9
ARCHITECTURAL STANDARDS
9.1 General. No improvements (including staking, clearing, excavation,
grading and other site work), exterior alteration of existing improvements (including
painting), placement or posting of any object or thing on the exterior of any Lot or the
Common Area (e.g., fences, signs, antennas, satellite dishes, clotheslines, playground
equipment, lighting, temporary structures, artificial vegetation, exterior sculptures and
fountains), or planting or removal of plants, trees or shrubs shall take place except in
compliance with this Article and with the approval of the appropriate committee under
Section 9.2.
An Owner may remodel or redecorate the interior of buildings in any manner
desired, repaint the exterior of structures in accordance with the originally approved
color scheme, or rebuild structures in accordance with originally approved plans and
specifications without approval under this Article; however, modifications to the interior
of screened porches, patios and similar portions of a Lot visible from outside the Lot
shall require approval under this Article. Each single-family dwelling shall incorporate a
minimum one (1) car garage, designed and constructed as an integral part of the
residence.
All dwellings constructed on any Lot shall be designed by and built in accordance
with the plans and specifications of a building designer, licensed architect or engineer.
All dwellings shall be constructed of new construction materials on-site, unless
otherwise approved by the appropriate committee under Section 9.2, and shall be
constructed in compliance with all applicable building codes and with all required
building permits.
This Article shall not apply to (a) activities of Declarant, or (b) improvements or
modifications to the Area of Common Responsibility by or on behalf of the Association.
This Article may not be amended without Declarant's written consent so long as
Declarant owns any land subject to this Declaration or which it may unilaterally submit
to this Declaration.
9.2 Architectural Review. Administration of the Residential Design Guidelines
and review of applications for construction and modifications under this Article shall be
handled by an Architectural Control Committee ("ACC"). Committee members need not
be Owners or representatives of Owners and may but need not include architects,
engineers or similar professionals, whose compensation, if any, shall be established by
the Board. The Board may establish reasonable fees for review of applications by the
Committee and their consultants, if any, and require them to be paid by the Owner(s)
submitting such application prior to review. The ACC shall consist of at least three (3)
but not more than five (5) persons, and shall have exclusive jurisdiction over all
construction of any Lot, excluding any construction by Declarant. Until all Lots have
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be liable for any injury, damages or loss arising out of the manner or quality of approved
construction or modifications.
9.7 Enforcement. Any construction, alteration or other work done in violation
of this Article shall be deemed nonconforming. On written request from the Board or
Declarant, Owners shall, at their own expense, cure such nonconformance to the
satisfaction of the requester, or restore the land to substantially the same condition as
existed prior to the nonconforming work. If an Owner fails to so cure or restore, the
Board, Declarant or their designees may do so at the Owner's expense and assess the
cost against the benefitted Lot as a Specific Assessment under Section 9.5.
Any contractor, subcontractor, agent, employee or other invitee of an Owner who
fails to comply with this Article may be excluded by the Board from the Property, subject
to the notice and hearing procedures in the Bylaws. In such event, neither the
Association, its officers or directors shall be held liable to any Person for exercising the
rights granted by this paragraph.
In addition, the Board may, on behalf of the Association, pursue all legal and
equitable remedies available to enforce this Article and the decisions of the ACC.
ARTICLE 10
USE GUIDELINES AND RESTRICTIONS
10.1 Plan of Development; Applicability; Effect. Declarant has created
CIMARRON TOWNHOMES as a community of single-family residential properties. The
Property is subject to land development, architectural and design guidelines as set forth
in Article 9. The Property is subject to guidelines and restrictions governing land use,
individual conduct and uses of or actions upon the Property as provided in this Article
10. Guidelines dealing with architecture and design are set forth in Article 9. This
Declaration and resolutions the Board may adopt establish affirmative and negative
covenants, easements and restrictions (the "Use Guidelines and Restrictions"). All
provisions of the Declaration and of anyrules shall also apply to all occupants, tenants,
pp Y p
guests and invitees of any Lot. The Owner shall cause all occupants of their Lot to
comply with these provisions. Every Owner shall be responsible for all violations and
losses to the Common Area caused by such occupants, although the occupants also
are fully liable and may be sanctioned for such violations and losses. Any lease of any
Lot shall provide that the lessee and all occupants of the leased Lot shall be bound by
the terms of this Declaration, the Bylaws and the rules of the Association.
Declarant has promulgated CIMARRON TOWNHOMES' general plan of
development in order to protect all Owners' quality of life and collective interests, the
aesthetics and environment within the Property, and the vitality of and sense of
community within CIMARRON TOWNHOMES, all subject to the Board's ability to
respond to changes in circumstances, conditions, needs and desires within the master-
planned community.
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Declarant has prepared initial Use Guidelines and Restrictions which contain
general provisions applicable to all of the Property, as well as specific provisions which
may vary within the Property, depending upon the location, characteristics and intended
use. Such Use Guidelines and Restrictions are set forth in Section 10.6 below. Based
upon these Use Guidelines and Restrictions, the Board shall adopt the initial rules at its
initial organizational meeting.
10.2 Board Power. Subject to the terms of this Article 10 and to its duty of care
and undivided loyalty to the Association and its Members, the Board shall implement
and manage the Use Guidelines and Restrictions through rules which adopt, modify,
cancel, limit, create exceptions to, or expand the Use Guidelines and Restrictions.
Prior to any such action, the Board shall conspicuously publish notice of the proposal
at least five (5) business days prior to the Board meeting. Owners shall have a
reasonable opportunity to be heard at a Board meeting prior to action being taken.
The Board shall send a copy of any proposed new rule or amendment to each
Owner at least thirty (30) days prior to its effective date. The rule shall become effective
unless disapproved at a meeting by at least seventy-five percent (75%) of the total
Class "A" votes and by the Class "B" Member, if any. The Board shall have no
obligation to call a meeting of the Members to consider disapproval except upon petition
of the Owners as required for special meetings in the Bylaws. The Board shall have all
powers necessary and proper, subject to its exercise of sound business judgment and
reasonableness to effect the duties contained in this Section 10.2.
The Board shall provide, without cost, a copy of the Use Guidelines and
Restrictions, including the Initial Use Guidelines and Restrictions in Section 10.6 below
and rules then in effect to any requesting Member or Mortgagee.
10.3 Members' Power. The Members, at a meeting duly called for such
purpose as provided in Article 2 of the Bylaws, may adopt, repeal, modify, limit and
expand Use Guidelines and Restrictions and implement rules by a vote of seventy-five
percent (75%) of the total Class "A" votes and the approval of the Class "B" Member, if
any.
10.4 Owners' Acknowledgment. All Owners are subject to the Use Guidelines
and Restrictions and are given notice that (a) their ability to use their privately owned
property is limited thereby, and (b) the Board may add, delete, modify, create
exceptions to, or amend the Use Guidelines and Restrictions in accordance with
Sections 10.2, 10.3 and 15.2. Each Owner, by acceptance of a deed, acknowledges
and agrees that the use, enjoyment and marketability of their property can be affected
by this provision, and the Use Guidelines and Restrictions and rules may change from
time to time.
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10.5 Rights of Owners. Except as may be contained in Section 10 .6 below,
neither the Board nor the Association may adopt any rule in violation of the following
provisions:
10.5.1 Equal Treatment. Similarly situated Owners and residents shall
be treated similarly.
10.5.2 Speech. The rights of Owners and occupants to display on their
Lot political signs and symbols of the kinds normally displayed in or outside of
residences located in residential neighborhoods in individually owned property shall not
be abridged, except that the Association may adopt reasonable time, place and manner
restrictions for the purpose of minimizing damage and disturbance to other Owners and
occupants.
10.5.3 Religious and Holiday Displays. The rights of Owners to display
on their Lots religious and holiday signs, symbols and decorations of the kinds normally
displayed in or outside of residences located in residential neighborhoods shall not be
abridged, except that the Association may adopt reasonable time, place and manner
restrictions for the purpose of minimizing damage and disturbance to other Owners and
occupants.
10.5.4 Household Composition. The Association or Board shall make no
rule that interferes with the freedom of occupants to determine the composition of their
households, except that the Association shall have the power to require that all
occupants be members of a single housekeeping Lot, and to limit the total number of
occupants permitted in each Lot on the basis of the size and facilities of the Lot, to the
extent not prohibited by law, and consistent with its fair share use of the Common Area,
including parking.
10.5.5 Activities within Lot. Neither the Association nor the Board shall
make any rule that interferes with the activities of the residents carried on within the
confines of their Lot, except that the Association may prohibit activities not normally
associated with property restricted to residential use, and it may restrict or prohibit any
activities that impose monetary costs on the Association or other Owners, that create a
danger to the health or safety of other occupants, that generate excessive noise or
traffic, that create unsightly conditions visible outside the Lot, that block the views from
other Lots, or that create an unreasonable source of annoyance.
10.5.6 Pets. Unless the keeping of pets is prohibited at the time of the
sale of the first Lot by rule or Use Guidelines and Restrictions, no rule prohibiting the
keeping of ordinary household pets shall be adopted thereafter over the objection of any
Owner expressed in writing to the Association. Notwithstanding the above, the
Association or Board may adopt reasonable regulations designed to minimize damage
and disturbance to other Owners and occupants, including regulations requiring
damage deposits, waste removal, leash controls, noise controls, occupancy limits based
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on size and facilities of the Lot and fair share use of the Common Area. Nothing in this
provision shall prevent the Association from requiring removal of any animal that
presents an actual threat to the health or safety of residents, or from requiring
abatement of any nuisance or unreasonable source of annoyance.
10.5.7 Allocation of Burdens and Benefits. The initial allocation of
financial burdens and rights to use Common Areas among the various Lots shall not be
changed to the detriment of any Owner over that Owner's objection expressed in writing
to the Association. Nothing in this provision shall prevent the Association from changing
the Common Areas available, from adopting generally applicable rules for use of
Common Areas, or from denying use privileges to those who abuse the Common Area,
violate rules or this Declaration, or fail to pay Assessments. This provision does not
affect the right to increase or decrease the amount of Assessments as provided in
Article 9.
10.5.8 Alienation. The Association or Board shall not adopt rules that
prohibit transfer of any Lot or require consent of the Association or Board for transfer of
any Lot.
10.5.9 Reasonable Rights to Develop. Neither the Association nor the
Board shall adopt any rule or take any action which would impede Declarant's right to
develop in accordance with the master plan for CIMARRON TOWNHOMES.
10.5.10 Abridging Existing Rights. If any rule would otherwise require
Owners to dispose of personal property which they owned at the time they acquired
their Lots, such rule shall not apply to any such Owners without their written consent.
10.6 Initial Use Guidelines and Restrictions.
10.6.1 General. The Property shall be used only for residential,
recreational and related purposes (which may include without limitation business offices
for the Declarant or the Association consistent with this Declaration).
10.6.2 Restricted Activities. The following activities are prohibited within
the Property unless either (a) expressly authorized by and then subject to such
conditions as may be imposed by the Board, or (b) undertaken by Declarant in the
normal course of developing the Property:
(a) Parking of commercial vehicles, recreational vehicles, mobile
homes, boats or other watercraft, or other oversized vehicles, stored vehicles or
inoperable vehicles in places other than enclosed garages (unless adequately
screened from view of both all Lots and approved by the ACC). The term
"commercial vehicles" shall be defined as any vehicle used for business related
purposes, whether so labeled or not, that meets any of the following criteria: (i)
Gross Vehicle Weight Rating (GVWR) over 10,000 pounds, (ii) dual rear wheels
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on a single axle ("dually"), (iii) multiple rear axles, or (iv) the vehicle has
motorized exterior accessories that can extend or can be extended from the
vehicle beyond or above the perimeter of the vehicle's body. No motor vehicle
may be parked in a location or manner that blocks or impairs access to any other
Lots or fire lanes. Also, no portion of a motor vehicle may be parked within the
"no parking" zone designated on any road or street, if any. No vehicles may be
parked on any road or street, other than within parking spaces designated and
physically marked by the Declarant or the Association, if any. The Board shall
require removal of any inoperative or improperly licensed vehicle, or any
unsightly vehicle. If the same is not removed, the Board shall cause removal at
the risk and expense of the Owner thereof;
(b) Capturing, trapping, injuring or killing of wildlife within the Property,
except in circumstances posing an imminent threat to the safety of persons using
the Property or except as required or permitted by any applicable governmental
authority;
(c) Chasing, injuring or killing of wildlife within the Property by pets of
Owners or occupants of Lots within the Property;
(d) Raising, breeding or keeping of animals, livestock or poultry of any
kind, except that a reasonable number of dogs, cats or other usual and common
household pets may be permitted in a Lot. However, those pets which are
permitted to roam free or, in the sole discretion of the Board, make objectionable
noise, endanger the health or safety of or constitute a nuisance or inconvenience
to the occupants of other Lots shall be removed upon request of the Board. If the
pet owner fails to honor such request, the Board may remove the pet;
(e) Obstruction or re-channeling of drainage flows after location and
installation of drainage swales, storm sewers or storm drains, except that the
Declarant and the Association shall have such right, provided the exercise of
such right shall not materially diminish the value of or unreasonably interfere with
the use of any Lot without the Owner's consent;
(f) Subdivision of a Lot into two (2) or more Lots after a subdivision plat
including such Lot has been approved and filed, or changing the boundary lines
of any Lot, except that the Declarant and builder, with Declarant's consent, shall
be permitted to subdivide or change the boundary lines of Lots which they own;
(g) Excavating, filling or otherwise altering the grade of slopes within a
Lot including, but not limited to, trenching, digging, installation of walls, patios,
trees, play equipment, water features, stairways, paths and structures, removing
grass or other slope stabilizing vegetation between October 1 and May 1 of each
year, or having a slope in an unvegetated or stabilized and protected condition
for more than thirty (30) days. Lot Owners requesting ACC approval to alter
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slopes shall be required to submit an evaluation of the proposed alteration by a
professional geotechnical or soils engineer.
(h) Excavating, filling or otherwise altering the grade above or below
retaining walls and rockeries within fifteen (15) feet of the walls or rockery, or
construction of any structures within fifteen (15) feet of a rockery or retaining wall.
(i) Excavating, filling, covering or otherwise altering the ground above
subsurface drainage facilities, such as footing drains at the retaining walls, trench
or French drains at the toe of a slope, and front or rear yard area drains.
Alteration of drainage facilities can cause significant damage to property and may
represent a life safety hazard. All proposed alterations of drainage facilities shall
require the review and concurrence of a professional registered civil or
geotechnical engineer.
(j) Operation of a timesharing, fraction-sharing or similar program,
whereby the right to exclusive use of the Lot rotates among participants in the
program on a fixed or floating time schedule over a period of years, except that
Declarant and its assigns may operate such a program with respect to Lots which
it owns.
(k) Conversion of any garage, attic or other unfinished space, other than
a basement, to finished space for use as an apartment or other integral part of
the living area on any Lot, except as approved by the ACC;
(I) Any business, trade or similar activity, except that an Owner or
occupant residing in a Lot may conduct business activities within the Lot so long
as (i) the existence or operation of the business activity is not apparent or
detectable by sight, sound or smell from outside the Lot; (ii) the business activity
conforms to all zoning requirements for the Property; (iii) the business activity
does not involve regular visitation of the Lot by clients, customers, suppliers or
other business invitees or door-to-door solicitation of residents of the Property; or
(iv) the business activity is consistent with the residential character of the
Property and does not constitute a nuisance or a hazardous or offensive use, or
threaten the security or safety of other residents of the Property, as may be
determined in the sole discretion of the Board. This Subsection shall not apply to
any activity conducted by the Declarant or a builder approved by the Declarant
with respect to its development and sale of the Property or its use of any Lots
which it owns within the Property;
(m) Any construction, erection, modification or placement, permanently or
temporarily, on the outside portions of the Lot, whether such portion is improved
or unimproved, except as provided in Article 8; and
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(n) Posting, placing or maintaining any signs on any portion of the
Property, including Lots, except for those signs approved by the Board in writing.
ARTICLE 11
EASEMENTS
11.1 Easements of Encroachment. There shall be reciprocal appurtenant
easements of encroachment, and for maintenance and use of any fence, retaining
walls, roof overhangs or other improvements encroaching between each Lot and any
adjacent Common Area, and between adjacent Lots due to the unintentional
misplacement, settling or shifting of the improvements constructed, reconstructed or
altered thereon (in accordance with the terms of these restrictions). Such easements of
encroachments shall be to a distance of not more than one (1) foot, and such
easements for maintenance shall be to a distance of not more than six (6) feet, as
measured from any point on the common boundary along a line perpendicular to such
boundary. This latter easement for maintenance includes the right of an Owner to enter
upon the side yard of the adjoining Lot(s) in order to perform maintenance or
improvements located on their Lot.
11.2 Easements for Utilities, Etc. Declarant reserves unto itself, so long as it
owns any property described on Exhibit A, and grants to the Association an easement
for the purposes of access and maintenance upon, across, over and under all of the
Property to the extent reasonably necessary to install, replace, repair and maintain, as
applicable, cable television systems, master television antenna systems, security and
similar systems, roads, walkways, bicycle pathways, lakes, ponds, wetlands, drainage
systems, street lights, signage and all utilities, including but not limited to water, sewer,
meter boxes, telephone, gas and electricity. The Declarant and/or the Association may
assign these rights to any local utility supplier, cable company, security company,
municipal entity upon that entity's written approval or other company providing a service
or utility to CIMARRON TOWNHOMES, subject to the limitations herein.
Notwithstanding anything to the contrary herein, this easement shall not entitle the
holders to construct or install any of the foregoing systems, facilities or utilities over,
under or through any existing dwelling on a Lot; and any damage to a Lot resulting from
the exercise of this easement shall promptly be repaired by and at the expense of the
Person exercising the easement. Exercise of this easement shall not unreasonably
interfere with the use of any Lot and, except in an emergency, entry onto any Lot shall
be made only after reasonable notice to the Owner or occupant. No utilities may be
installed or relocated on the Property without approval of the Board or as provided by
Declarant.
11.3 Easement for Emergency. Authorized agents of the Association shall
have the right, but not the obligation, and a perpetual easement is hereby granted to the
Association, to enter all portions of the Property, including each Lot, for emergency,
security and safety reasons. Except in emergencies, entry onto a Lot shall be only
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during reasonable hours and after notice to and permission from the Owner thereof.
This easement includes the right to enter any Lot to cure any condition which increases
the risk of fire or other hazard if an Owner fails or refuses to cure the condition within a
reasonable time after request by the Board, but does not authorize entry into any
dwelling without permission of the Owner.
11.4 Easements for Maintenance and Enforcement. Authorized agents of the
Association shall have the right, but not the obligation, and a perpetual easement is
hereby granted to the Association, to enter all portions of the Property, including each
Lot, to (a) perform its maintenance responsibilities under Article 4, and (b) make
inspections to ensure compliance with this Declaration, the Bylaws and rules. Except in
emergencies, entry onto a Lot shall only be during reasonable hours and after notice to
and permission from the Owner. This easement shall be exercised with a minimum of
interference to the quiet enjoyment to Owners' property, and any damage shall be
repaired by the Association at its expense.
The Association, without approval of the Owners, may grant temporary or
permanent easements to any public entity, private entity or private party over, under and
across any part of the Common Areas as the Association may deem desirable,
necessary or convenient to accomplish its maintenance and other responsibilities
hereunder.
The Association also may enter a Lot to abate or remove, using such force as
may be reasonably necessary, any structure, thing or condition which violates the
Declaration, the Bylaws or the rules. All costs incurred, including reasonable attorneys'
fees, shall be assessed against the violator as a Specific Assessment.
ARTICLE 12
MORTGAGEE PROVISIONS
The following provisions are for the benefit of holders, insurers and guarantors of
first Mortgages on Lots in the Property. This Article applies to both this Declaration and
the Bylaws, notwithstanding any other provisions contained therein.
12.1 Notices of Action. An institutional holder, insurer or guarantor of a first
Mortgage who provides written request to the Association (such request to state the
name and address of such holder, insurer or guarantor, and the street address of the
Lot to which its Mortgage relates, thereby becoming an "Eligible Holder") will be entitled
to timely written notice of:
(a) any condemnation or casualty loss which affects a material portion of
the Property or which affects any Lot on which there is a first Mortgage held,
insured or guaranteed by such Eligible Holder;
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requirements less stringent, the Board, without approval of the Owners, may record an
amendment to this Article to reflect such changes.
12.7 Applicability of Article 12. 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.
12.8 Failure of Mortgagee to Respond. Any Mortgagee who receives a written
request from the Board to respond to or consent to any action shall be deemed to have
approved such action if the Association does not receive a written response from the
Mortgagee within sixty (60) days of the date of the Association's request, provided such
request is delivered to the Mortgagee by certified or registered mail, return receipt
requested.
ARTICLE 13
DECLARANT'S RIGHTS
Any or all rights and obligations of Declarant may be transferred to other
Persons, but the transfer shall not reduce an obligation nor enlarge a right beyond that
contained in this Declaration or the Bylaws, and shall not be effective unless signed by
Declarant and duly recorded in the public records of King County, Washington.
So long as Declarant owns any property described in Exhibit A for development
and/or sale, Declarant hereby reserves a nonexclusive perpetual easement for the
benefit of Declarant, builders authorized by Declarant, and its designees to maintain
and carry on upon the Property such facilities and activities as Declarant considers
reasonably required, convenient or incidental to the construction or sale of Lots,
including but not limited to business offices, signs, model Lots, sales offices and the
right to use Lots owned by Declarant or its designees as models and sales offices.
So long as Declarant continues to have rights under this Article, no Person shall
record any declaration of covenants, conditions and restrictions, or declaration of
condominium or similar instrument affecting any portion of the Property without
Declarant's written consent. Any attempted recordation without compliance herewith
shall result in such instrument being void, unless a consent of Declarant is subsequently
recorded in the public records.
ARTICLE 14
DISPUTE RESOLUTION AND LIMITATION ON LITIGATION
14.1 Agreement to Avoid Costs of Litigation and to Limit Right to Litigate
Disputes. The Association, Declarant, all Persons subject to this Declaration, and any
Person not otherwise subject to this Declaration who agrees to submit to this Article
(collectively, "Bound Parties") agree to encourage the amicable resolution of disputes
involving the Property, and to avoid the emotional and financial costs of litigation if at all
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possible. Accordingly, each Bound Party covenants and agrees that all claims,
grievances or disputes between such Bound Party and any other Bound Party involving
the Property, including without limitation claims, grievances or disputes arising out of or
relating to the interpretation, application or enforcement of this Declaration, the Bylaws,
the Association rules or the Articles (collectively "Claim"), except for those Claims
authorized in Section 14.2, shall be resolved using the procedures set forth in Section
14.3 in lieu of filing suit in any court or initiating proceedings before any administrative
tribunal seeking redress or resolution of such Claim.
14.2 Exempt Claims. The following Claims ("Exempt Claims" shall be exempt
from the provisions of Section 14.3:
(a) any suit by the Association against any Bound Party to enforce the
provisions of Article 9;
(b) any suit by the Association to obtain a temporary restraining order (or
equivalent emergency equitable relief) and such other ancillary relief as the court
may deem necessary in order to maintain the status quo and preserve the
Association's ability to enforce the provisions of Article 9, Article 10 and the Use
Guidelines and Restrictions and rules of the Association;
(c) any suit between Owners (other than Declarant) seeking to redress
on the basis of a Claim which would constitute a cause of action under the laws
of the state of Washington in the absence of a claim based on the Declaration,
Bylaws, Articles or rules of the Association;
(d) any suit by the Association in which similar or identical Claims are
asserted against more than one Bound Party; and
(e) any suit by a Bound Party for declaratory or injunctive relief which
seeks a determination as to applicability, clarification or interpretation of any
provision of this Declaration.
Any Bound Party having an Exempt Claim may submit it to the alternative dispute
resolution procedures set forth in Section 14.3, but there shall be no obligation to do so.
The submission of an Exempt Claim involving the Association to the alternative dispute
resolution procedures of Section 14.3 shall require the approval of the Association.
14.3 Mandatory Procedures for All Other Claims. All Claims other than Exempt
Claims shall be resolved using the following procedures:
14.3.1 Notice. Any Bound Party having a Claim ("Claimant") against any
other Bound Party ("Respondent"), other than an Exempt Claim, shall notify each
Respondent in writing of the Claim (the "Notice"), stating plainly and concisely:
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(a) The nature of the Claim, including date, time, location,
persons involved and Respondent's role in the Claim;
(b) The basis of the Claim (i.e., the provisions of this
Declaration, the Bylaws, the Articles or rules or other authority out of which the
Claim arises);
(c) What Claimant wants Respondent to do or not do to resolve
the Claim; and
(d) That Claimant wishes to resolve the Claim by mutual
agreement with Respondent and is willing to meet in person with Respondent at
a mutually agreeable time and place to discuss in good faith ways to resolve the
Claim.
14.3.2 Negotiation.
(a) Each Claimant and Respondent (the "Parties") shall make
every reasonable effort to meet in person and confer for the purpose of resolving
the Claim by good faith negotiation.
(b) Upon receipt of a written request from any Party,
accompanied by a copy of the Notice, the Board may appoint a representative to
assist the parties in resolving the dispute by negotiation, if in its discretion it
believes its efforts will be beneficial to the parties and to the welfare of the
Community.
14.3.3 Mediation.
(a) If the Parties do not resolve the Claim through negotiation
within thirty (30) days of the date of the Notice (or within such other period as
may be agreed upon by the Parties) ("Termination of Negotiations"), Claimant
shall have thirty (30) additional days within which to submit the Claim to
mediation under the auspices of the King County Dispute Resolution Center, or
such other independent agency providing similar services upon which the parties
may mutually agree.
(b) If Claimant does not submit the Claim to mediation within
thirty (30) days after Termination of Negotiations, Claimant shall be deemed to
have waived the Claim, and Respondent shall be released and discharged from
any and all liability to Claimant on account of such Claim; provided, nothing
herein shall release or discharge Respondent from any liability to Persons not a
party to the foregoing proceedings.
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(c) If the Parties do not settle the Claim within thirty (30) days
after submission of the matter to the mediation process, or within such time as
determined reasonable or appropriate by the mediator, the mediator shall issue a
notice of termination of the mediation proceedings ("Termination of Mediation").
The Termination of Mediation notice shall set forth when and where the Parties
met, that the Parties are at an impasse, and the date that mediation was
terminated.
(d) Each Party shall, within five (5) days of the Termination of
Mediation, make a written offer of settlement in an effort to resolve the Claim.
The Claimant shall make a final written settlement demand ("Settlement
Demand") to the Respondent. The Respondent shall make a final written
settlement offer ("Settlement Offer") to the Claimant. If the Claimant fails to
make a Settlement Demand, Claimant's original Notice shall constitute the
Settlement Demand. If the Respondent fails to make a Settlement Offer,
Respondent shall be deemed to have made a "zero" or "take nothing" Settlement
Offer.
14.3.4 Final and Binding Arbitration.
(a) If the Parties do not agree in writing to accept either the
Settlement Demand, the Settlement Offer or otherwise resolve the Claim within
fifteen (15) days of the Termination of Mediation, the Claimant shall have fifteen
(15) additional days to submit the Claim to arbitration in accordance with the
Rules of Arbitration of the American Arbitration Association or the Claim shall be
deemed abandoned, and Respondent shall be released and discharged from any
and all liability to Claimant arising out of such Claim; provided, nothing herein
shall release or discharge Respondent from any liability to Persons not a party to
the foregoing proceedings.
(b) This Section 14.3.4 is an agreement of the Bound Parties to
arbitrate all Claims except Exempt Claims and is specifically enforceable under
the applicable arbitration laws of the state of Washington. The arbitration award
(the "Award") shall be final and binding, and judgment may be entered upon it in
any court of competent jurisdiction to the fullest extent permitted under the laws
of the state of Washington.
14.4 Allocation of Costs of Resolving Claims.
14.1.1 Each Party shall bear its own costs incurred prior to and during
the proceedings described in Sections 14.3.1, 14.3.2 and 14.3.3, including the fees of
its attorney or other representative. Each Party shall share equally all charges rendered
by the mediator(s) pursuant to Section 14.3.3.
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14.4.2 Each Party shall bear its own costs (including the fees of its
attorney or other representative) incurred after the Termination of Mediation under
Section 14.3.3 and shall share equally in the costs of conducting the arbitration
proceeding (collectively, "Post Mediation Costs"), except as otherwise provided in
Section 14.4.3.
14.4.3 Any Award which is equal to or more favorable to Claimant than
Claimant's Settlement Demand shall add such Claimant's Post Mediation Costs to the
Award, such Costs to be borne equally by all Respondents. Any Award which is equal
to or less favorable to Claimant than Respondent's Settlement Offer to that Claimant
shall also award to such Respondent its Post Mediation Costs, such Costs to be borne
by all such Claimants.
14.5 Enforcement of Resolution. If the Parties agree to resolve any Claim
through negotiation or mediation in accordance with Section 14.3 and any Party
thereafter fails to abide by the terms of such agreement, or if the Parties agree to accept
the Award following arbitration and any Party thereafter fails to comply with such Award,
then any other Party may file suit or initiate administrative proceedings to enforce such
agreement or Award without the need to again comply with the procedures set forth in
Section 14.3. In such event, the Party taking action to enforce the agreement or Award
shall be entitled to recover from the non-complying Party (or if more than one non-
complying Party, from all such Parties pro rata) all costs incurred in enforcing such
agreement or Award, including without limitation attorneys' fees and court costs.
ARTICLE 15
GENERAL PROVISIONS
15.1 Term. This Declaration shall run with and bind the Property, and shall
inure to the benefit of and shall be enforceable by the Declarant, the Association and
the Owners, their respective representatives, heirs, successors and assigns,
perpetually, to the extent allowed by law.
15.2 Amendment.
15.2.1 By Declarant. Declarant may unilaterally amend this Declaration
if such amendment is necessary to (a) bring any provision into compliance with any
applicable government statute or regulation or judicial determination; (b) enable any
reputable title insurance company to issue title insurance coverage on the Lots; (c)
enable any institution or government agency to make or purchase mortgage loans on
the Lots, including, but not limited to, Fannie Mae, the Veterans Administration ("VA"),
and the Federal Housing Administration ("FHA" or "HUD"); (d) enable any government
agency or reputable private insurance company to insure or guarantee Mortgage loans
on the Lots, including, but not limited to, Fannie Mae, the Veterans Administration
("VA"), and the Federal Housing Administration ("FHA" or "HUD"); (e) otherwise satisfy
the requirements of any government agency or governmental regulations. However,
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any such amendment shall not adversely affect the title to any Lot without the written
consent of its Owner, or (f) correct any errors in this Declaration. Also, so long as
Declarant owns Property described in Exhibit A for development as part of the Property,
it may unilaterally amend this Declaration for any other purpose, provided the
amendment has no material adverse affect upon any substantive right of any Owner
and does not adversely affect the title to any Lot without the written consent of its
Owners. Finally, if the Association and/or its Board or members has a responsibility
under this Declaration, its bylaws, the RMC, or a deed, the Association and/or its Board
or members may not delegate or eliminate that responsibility without prior written
approval of entity assuming that responsibility.
15.2.2 By Owners. This Declaration may also be amended by the
affirmative vote or written consent, or any combination thereof, of sixty-seven percent
(67%) of the Class "A" votes held by Members other than Declarant, and, so long as
Declarant owns any Property described in Exhibit A for development or sale as part of
the Property, with written consent of Declarant. In addition, the approval requirements
set forth in Article 12 hereof shall be met if applicable.
Notwithstanding the above, the percentage of votes necessary to amend a
specific clause shall not be less than the prescribed percentage of affirmative votes
required for action to be taken under that clause. Amendments must be recorded in the
public records of King County, Washington.
If an Owner consents to any Amendment to this Declaration or the Bylaws, it will
be conclusively presumed that such Owner has the authority so to consent, and no
contrary provision in any Mortgage or contract between the Owner and a third party will
affect the validity of such amendment.
No Amendment may remove, revoke or modify any right or privilege of Declarant
without written consent of Declarant.
15.3 Severability. Invalidation of any provision or application of a provision of
this Declaration by any court shall not affect any other provisions or applications.
15.4 Litigation. No judicial or administrative proceeding shall be commenced or
prosecuted by the Association unless approved by at least sixty-seven percent (67%) of
the total Association vote.
This Section shall not apply, however, to actions brought by the Association to
(a) enforce this Declaration (including without limitation the foreclosure of liens); (b)
impose and collect Assessments under Article 8; (c) challenge tax Assessments and
other matters relating to taxes for which the Association may be liable; or (d)
counterclaims by the Association in proceedings instituted against it.
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15.5 Compliance. Every Owner and occupant of any Lot shall comply with this
Declaration, the Bylaws and the rules of the Association and shall be subject to all
remedies provided to the Association in this Declaration or the Bylaws. In addition,
failure to comply shall be grounds for an action to recover sums due, for damages or
injunctive relief, or for any other remedy available at law, or in equity, by the Association
or by any aggrieved Owners.
15.6 Notice of Sale or Transfer of Title. Any Owner selling or otherwise
transferring title to their Lot shall give the Board at least seven (7) days' prior written
notice of the name and address of the transferee, the date of such transfer of title, and
such other information as the Board may reasonably require. Each transferee of a Lot
shall, within seven (7) days of taking title to a Lot, confirm that the information previously
provided by the transferor is complete and accurate. The transferor shall continue to be
jointly and severally responsible with the transferee for all obligations of the Owner of
the Lot coming due prior to the date upon which such notice is received by the Board,
including Assessment obligations, notwithstanding the transfer of title to the Lot.
IN WITNESS WHEREOF, the undersigned Declarant has executed this
Declaration this 6 f`k day of Novi-sv atr , 2014.
DECLARANT:
BREMERTON AVENUE TOWNHOMES, LLC,
a Washington limited liability company
By: / 13 --
[Print Name]
,4L- /.•./ /3 o EK E rt
Its: Authorized Agent
DECLARATION OF
CIMARRON TOWNHOMES 38
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STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
I certi that I know or have satisfactory evidence that
A) C) , is the person who appeared before me, and said
person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Authorized Agent of
BREMERTON AVENUE TOWNHOMES, LLC, a Washington limited liability company,
to be the free and voluntary act of such entity for the uses and purposes mentioned in
the instrument.
Dated: IkflNeAT Oe( Lt , 2014.
SEAUSTAMP)
SHARON L. BRENNAN cf o A
NaApice
NOTARY PUBLIC [Print Name] 5 hau't'1n L✓�i 1)t
STATE OF WASHINGTON
NOTARY PUBLIC for the state of Washington
COMMISSION EXPIRES Residing at
+� OCTOBER 9,2018 My appointment expires: 10
DECLARATION OF
CIMARRON TOWNHOMES 39
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